MT Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: A document presented to a Montana notary contains blank spaces. What should the notary do?
- Ask the signer to complete or line through the blanks before notarizing (Correct answer)
- Notarize it and let the signer fill in blanks later
- Fill in the blanks personally with reasonable guesses
- Notarize only the completed pages
Correct answer: Ask the signer to complete or line through the blanks before notarizing
Notarizing an incomplete record risks fraud, so blanks should be filled in or struck through before the notarial act.
Question 2: A signer cannot physically sign due to disability. Under Montana law, how may the signature be made?
- The notary may sign the signer's name at their direction, noting the circumstances, or another individual may sign as directed in the notary's presence (Correct answer)
- The document simply cannot be notarized
- A family member may sign at home and bring it in
- The notary may use a signature stamp without the signer present
Correct answer: The notary may sign the signer's name at their direction, noting the circumstances, or another individual may sign as directed in the notary's presence
Montana permits signature by proxy when directed by the disabled individual in the presence of the notary, with the facts noted on the record.
Question 3: Which scenario requires a Montana notary to REFUSE to perform a notarial act?
- The notary is not satisfied the signer is competent or acting voluntarily (Correct answer)
- The signer is a first-time customer
- The document is written in a foreign language the notary can still communicate around
- The signer refuses to pay more than the maximum fee
Correct answer: The notary is not satisfied the signer is competent or acting voluntarily
A notary must refuse if not satisfied that the signer has the capacity to understand or is signing free of coercion.
Question 4: A Montana notary is asked to notarize a document in which the notary is named as a beneficiary. What should the notary do?
- Decline, because a notary may not notarize when they have a disqualifying beneficial interest (Correct answer)
- Proceed but note the interest in the certificate
- Charge a reduced fee to offset the conflict
- Ask the signer to waive the conflict in writing
Correct answer: Decline, because a notary may not notarize when they have a disqualifying beneficial interest
A notary with a direct beneficial or financial interest in a transaction is disqualified from notarizing it.
Question 5: During a remote online notarization in Montana, how is the signer's identity typically verified when not personally known?
- Credential analysis plus identity proofing such as knowledge-based authentication (Correct answer)
- A phone call to the signer's employer
- An emailed photo of the signer's ID
- A notarized letter from a friend
Correct answer: Credential analysis plus identity proofing such as knowledge-based authentication
Montana's remote notarization rules require identity verification through credential analysis and identity proofing when the signer is not personally known.
Question 6: What does 'personal appearance' mean for a standard (non-remote) notarization in Montana?
- The signer is physically in the notary's presence at the time of the act (Correct answer)
- The signer is available by telephone
- The signer appeared before the notary sometime in the past week
- The signer's attorney appears on their behalf
Correct answer: The signer is physically in the notary's presence at the time of the act
Personal appearance requires the individual to be physically present before the notary when the notarial act is performed.
Question 7: A signer presents a document already signed yesterday and requests an acknowledgment. May the Montana notary proceed?
- Yes, because an acknowledgment does not require signing in the notary's presence, only that the signer acknowledges the signature (Correct answer)
- No, all documents must be signed in front of the notary
- Yes, but only if the signature is re-signed in blue ink
- No, unless a witness confirms the earlier signing
Correct answer: Yes, because an acknowledgment does not require signing in the notary's presence, only that the signer acknowledges the signature
For an acknowledgment the signature may predate the appearance, as long as the signer personally appears and acknowledges it.
MT Notary Notarial Acts and Procedures 3
A document presented to a Montana notary contains blank spaces.
What should the notary do?