MT Notary Notarial Certificates and Seal 3 — Questions and Answers
Question 1: Who is responsible for the security of a Montana notary's official stamp?
- The notary personally, who must keep it under their exclusive control (Correct answer)
- The notary's employer, if the employer paid for it
- The Montana Secretary of State
- Any co-worker designated in writing
Correct answer: The notary personally, who must keep it under their exclusive control
The notary must keep the stamp secure and not allow anyone else to use it, even an employer who purchased it.
Question 2: A Montana notary's stamp is stolen from their car. What must the notary do?
- Promptly notify the Secretary of State of the theft (Correct answer)
- Simply order a replacement and continue notarizing
- File a report only with the county clerk
- Wait 90 days to see if it is returned before reporting
Correct answer: Promptly notify the Secretary of State of the theft
Montana requires prompt notification to the Secretary of State when a stamp is lost or stolen.
Question 3: Which certificate type would a Montana notary use when a signer swears that the statements in an affidavit are true?
- A jurat (verification upon oath or affirmation) (Correct answer)
- An acknowledgment
- A copy certification
- A signature witnessing without oath
Correct answer: A jurat (verification upon oath or affirmation)
Affidavits require the signer to swear or affirm the truth of the contents, which calls for a jurat.
Question 4: A preprinted certificate on a document says 'State of Wyoming, County of Park,' but the notarization occurs in Bozeman, Montana. What should the notary do?
- Correct the venue to State of Montana, County of Gallatin before completing the certificate (Correct answer)
- Complete it as printed since the form controls
- Refuse to notarize under any circumstances
- Cross out the venue and leave it blank
Correct answer: Correct the venue to State of Montana, County of Gallatin before completing the certificate
The venue must reflect where the act actually occurs, so the notary corrects it to the true Montana county.
Question 5: When may a Montana notary sign a notarial certificate with a name different from the one on their commission?
- Never; the signature must match the commissioned name (Correct answer)
- When the signer requests a nickname for informality
- When notarizing for family members
- When the document is not being recorded
Correct answer: Never; the signature must match the commissioned name
The notary must sign exactly the name under which they were commissioned.
Question 6: What must happen to a Montana notary's stamp when the notary resigns or the commission expires without renewal?
- It must be disabled or destroyed so it cannot be misused (Correct answer)
- It must be mailed to the Governor's office
- It may be sold to another commissioned notary
- It must be stored by the notary's employer for five years
Correct answer: It must be disabled or destroyed so it cannot be misused
A former notary must render the stamp unusable to prevent fraudulent use after the commission ends.
Question 7: On which part of a document should a Montana notary place the stamp impression?
- Near the notary's signature on the certificate, without covering signatures or text (Correct answer)
- Directly over the signer's signature to bind them together
- On the back of the last page only
- Anywhere, including over the certificate wording
Correct answer: Near the notary's signature on the certificate, without covering signatures or text
The stamp goes adjacent to the notary's signature on the certificate and must not obscure any text or signatures.
MT Notary Notarial Certificates and Seal 3
Who is responsible for the security of a Montana notary's official stamp?