MT Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: Under Montana law, what must a notary do before taking an acknowledgment from a signer?
- Verify the signer's identity and confirm the signature is willingly made (Correct answer)
- Read the entire document aloud to the signer
- Obtain the signer's fingerprint in the journal
- Have two witnesses present for every acknowledgment
Correct answer: Verify the signer's identity and confirm the signature is willingly made
For an acknowledgment, the notary must identify the signer and confirm the person acknowledges signing the record willingly for its stated purpose.
Question 2: A signer appears before a Montana notary to execute a verification on oath (jurat). What is the notary required to administer?
- An oath or affirmation that the statement is true (Correct answer)
- A written declaration of residency
- A loyalty pledge to the state
- A sworn statement about document ownership
Correct answer: An oath or affirmation that the statement is true
A verification on oath or affirmation requires the notary to administer an oath or affirmation attesting to the truthfulness of the record's contents.
Question 3: Which of the following is a valid form of identification for satisfactory evidence of identity in Montana?
- An unexpired passport or state driver's license (Correct answer)
- A business card with a photo
- A social media profile
- A utility bill with the signer's name
Correct answer: An unexpired passport or state driver's license
Montana accepts current government-issued identification such as a passport or driver's license containing a photograph and signature.
Question 4: In Montana, a credible witness used to identify a signer must be someone who:
- Personally knows the signer and is personally known to the notary or presents valid ID (Correct answer)
- Is related to the signer by blood
- Works for the same employer as the signer
- Has known the signer for at least ten years
Correct answer: Personally knows the signer and is personally known to the notary or presents valid ID
A credible witness must personally know the signer and either be personally known to the notary or identified by satisfactory identification.
Question 5: What must a Montana notary do when signing a document as a witness to a signature?
- Verify the signer's identity and watch the individual sign the record (Correct answer)
- Only confirm the document is complete
- Sign the record on the signer's behalf
- Mail the document to the county clerk
Correct answer: Verify the signer's identity and watch the individual sign the record
Witnessing a signature requires the notary to identify the signer and personally observe the act of signing.
Question 6: A Montana notary is asked to certify a copy of a document. Which document may NOT be copy-certified by a notary?
- A vital record such as a birth certificate (Correct answer)
- A personal letter
- A diploma
- A business contract
Correct answer: A vital record such as a birth certificate
Notaries may not certify copies of vital records or other publicly recordable documents, which must be certified by the official custodian.
Question 7: When performing a notarial act, when must the Montana notary complete the notarial certificate?
- At the time the notarial act is performed (Correct answer)
- Within 30 days of the act
- Before the signer appears
- Whenever the signer requests it later
Correct answer: At the time the notarial act is performed
The certificate must be completed contemporaneously with the performance of the notarial act.
MT Notary Notarial Acts and Procedures 2
Under Montana law, what must a notary do before taking an acknowledgment from a signer?