MT Notary Laws and Regulations 3 — Questions and Answers
Question 1: Under Montana's Revised Uniform Law on Notarial Acts, which of the following is an acceptable method of identifying a signer?
- A current passport issued by a foreign government with the signer's photograph and signature (Correct answer)
- An expired driver's license from any state
- A birth certificate
- A Costco membership card with a photo
Correct answer: A current passport issued by a foreign government with the signer's photograph and signature
Montana permits identification by a current passport, driver's license, or other government-issued ID containing the signer's photograph and signature.
Question 2: May a Montana notary use a credible witness to identify a signer who lacks identification?
- Yes, if the witness is personally known to the notary or presents valid ID and verifies the signer's identity on oath (Correct answer)
- No, credible witnesses are never permitted in Montana
- Yes, but only two witnesses who are relatives of the signer
- Yes, but the witness must be an attorney
Correct answer: Yes, if the witness is personally known to the notary or presents valid ID and verifies the signer's identity on oath
Montana allows identification through the oath or affirmation of a credible witness whom the notary can properly identify.
Question 3: What must a Montana notary do with their journal when their commission expires and is not renewed?
- Retain it for 10 years after the last notarial act recorded in it (Correct answer)
- Destroy it immediately
- Mail it to the Governor's office
- Give it to their employer
Correct answer: Retain it for 10 years after the last notarial act recorded in it
Montana requires the notary to retain the journal for 10 years after the last entry, or arrange for a repository to do so.
Question 4: Which of the following notarial acts is a Montana notary NOT authorized to perform?
- Certifying a translation as accurate (Correct answer)
- Taking an acknowledgment
- Administering an oath or affirmation
- Certifying a copy of a record
Correct answer: Certifying a translation as accurate
Certifying the accuracy of a translation is not an authorized notarial act in Montana; notaries verify signers, not translations.
Question 5: A Montana notary moves to Wyoming but continues to work daily at a business in Montana. Can they keep their Montana commission?
- Yes, Montana allows residents of adjoining states who work in Montana to hold a commission (Correct answer)
- No, only Montana residents may be notaries
- Yes, but only for 30 days after moving
- No, unless they own property in Montana
Correct answer: Yes, Montana allows residents of adjoining states who work in Montana to hold a commission
Montana permits residents of adjoining states (Wyoming, Idaho, North Dakota, South Dakota) to hold a Montana commission if they are employed or have a place of business in Montana.
Question 6: What information is a Montana notary required to record for each notarial act in their journal?
- Date and time of the act, type of act, description of the record, signer's name and address, and method of identification (Correct answer)
- Only the signer's name and the date
- The full text of the document notarized
- The signer's Social Security number and fingerprint
Correct answer: Date and time of the act, type of act, description of the record, signer's name and address, and method of identification
Montana law specifies journal entries must include the date/time, act type, record description, signer information, identification method, and fee charged.
Question 7: If a Montana notary's stamp is lost or stolen, what must the notary do?
- Notify the Secretary of State promptly upon discovering the loss or theft (Correct answer)
- Simply order a new stamp with no notification
- File a report with the FBI
- Suspend all notarizations for one year
Correct answer: Notify the Secretary of State promptly upon discovering the loss or theft
Montana requires a notary to promptly notify the Secretary of State if the official stamp is lost or stolen.
MT Notary Laws and Regulations 3
Under Montana's Revised Uniform Law on Notarial Acts, which of the following is an acceptable method of identifying a signer?