MT Notary Laws and Regulations 5

Question 1

What is the penalty framework for a Montana notary who knowingly performs an official act with intent to deceive or defraud?

Accepted Answer

Commission revocation and potential criminal liability, including possible felony charges for official misconduct

Answer

A verbal warning only

Answer

A mandatory $50 fine with no other consequences

Answer

Automatic transfer of the commission to another county

Question 2

May a Montana notary who is not an attorney help a signer choose between an acknowledgment and a jurat?

Accepted Answer

No; selecting the notarial act for the signer constitutes the unauthorized practice of law

Answer

Yes, notaries are trained to make that legal choice

Answer

Yes, but only for real estate documents

Answer

Yes, if the signer pays an extra fee

Question 3

A Montana notary is asked to notarize a fax copy of a signature that was not made in the notary's presence for a jurat. What is the correct action?

Accepted Answer

Refuse, because a jurat requires the signer to sign in the notary's presence

Answer

Notarize it since the fax is legible

Answer

Notarize it if the signer confirms by phone

Answer

Notarize it and note 'via fax' in the certificate

Question 4

Under Montana law, where may a Montana notary perform notarial acts?

Accepted Answer

Anywhere within the borders of the State of Montana

Answer

Only in the county where they reside

Answer

Anywhere in the United States

Answer

Only at their registered business address

Question 5

Montana has reciprocity allowing its notaries to act in certain other states. Which states are included in this border-state recognition?

Accepted Answer

North Dakota and Wyoming

Answer

Idaho and Washington

Answer

South Dakota and Nebraska

Answer

Colorado and Utah

Question 6

A signer appears with a document containing blank spaces they say will be 'filled in later.' What should the Montana notary do?

Accepted Answer

Decline to notarize until the blanks are completed or lined through

Answer

Notarize it and trust the signer

Answer

Fill in the blanks personally after the signing

Answer

Notarize only the completed pages

Question 7

What education or examination requirement applies to a first-time Montana notary applicant?

Accepted Answer

Complete an approved training course and pass an examination before receiving a commission

Answer

No training or exam is ever required

Answer

Only a personal interview with the Secretary of State

Answer

A four-year college degree in legal studies