MT Notary Performing Notarial Acts 2 — Questions and Answers
Question 1: A signer arrives with a document already signed at home and asks for an acknowledgment. What should the Montana notary do?
- Proceed, because an acknowledgment does not require signing in the notary's presence (Correct answer)
- Refuse, because every document must be signed in front of the notary
- Require the signer to sign the document again on a blank page
- Send the signer to the county clerk instead
Correct answer: Proceed, because an acknowledgment does not require signing in the notary's presence
For an acknowledgment the signer may sign beforehand but must personally appear and acknowledge the signature as their own.
Question 2: Which notarial act requires the signer to sign the document in the notary's presence?
- A verification on oath or affirmation (jurat) (Correct answer)
- An acknowledgment
- A certified copy
- An apostille
Correct answer: A verification on oath or affirmation (jurat)
A jurat requires the signer to sign in the notary's presence and swear or affirm the contents are true.
Question 3: A Montana notary is asked to notarize a deed in which her spouse is the grantee. She should:
- Decline because she has a disqualifying interest in the transaction (Correct answer)
- Proceed if her spouse signs a waiver
- Proceed but note the relationship in her journal
- Charge no fee and proceed
Correct answer: Decline because she has a disqualifying interest in the transaction
A Montana notary may not perform a notarial act if the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.
Question 4: What must a notary do before completing a jurat for an affidavit?
- Administer an oath or affirmation to the signer (Correct answer)
- Read the entire affidavit aloud
- Verify the facts stated in the affidavit are accurate
- Obtain a second witness
Correct answer: Administer an oath or affirmation to the signer
A jurat requires the notary to administer an oath or affirmation that the statements in the document are true.
Question 5: A document presented for notarization has a blank space for the loan amount. The Montana notary should:
- Refuse to notarize until the blank is completed or struck through (Correct answer)
- Notarize and let the parties fill it in later
- Fill in the blank herself with information from the signer
- Notarize but write 'incomplete' in the certificate
Correct answer: Refuse to notarize until the blank is completed or struck through
A notary should not notarize a document containing blanks that could be filled in later to alter its effect.
Question 6: Under Montana law, which of the following is a notarial act a commissioned notary may perform?
- Witnessing or attesting a signature (Correct answer)
- Issuing an apostille
- Certifying a document as a true copy of a Montana court record
- Preparing a legal brief for a signer
Correct answer: Witnessing or attesting a signature
Witnessing or attesting a signature is an authorized notarial act, while apostilles and court-record certifications belong to other officials.
Question 7: A signer who cannot speak English brings a friend to translate. The notary does not understand the signer directly. What should the notary do?
- Decline, because the notary must be able to communicate directly with the signer (Correct answer)
- Proceed using the friend as interpreter
- Proceed if the friend signs as a witness
- Have the friend sign the document on the signer's behalf
Correct answer: Decline, because the notary must be able to communicate directly with the signer
The notary must be able to communicate directly with the individual; relying on an interpreter is not permitted.
MT Notary Performing Notarial Acts 2
A signer arrives with a document already signed at home and asks for an acknowledgment.
What should the Montana notary do?