MT Notary Performing Notarial Acts 3 — Questions and Answers
Question 1: Which of the following signers satisfies Montana's personal appearance requirement for a traditional (non-remote) notarization?
- A signer standing in front of the notary at the time of notarization (Correct answer)
- A signer on a telephone call with the notary
- A signer who emails a scanned, signed document
- A signer whose attorney appears on their behalf
Correct answer: A signer standing in front of the notary at the time of notarization
Traditional notarization requires the signer's physical presence before the notary at the time of the act.
Question 2: A Montana notary may identify a signer she does not personally know by:
- A current government-issued ID with photograph and signature, or the oath of a credible witness (Correct answer)
- The signer's business card and verbal assurance
- An expired driver's license from any state
- A social media profile matching the signer's name
Correct answer: A current government-issued ID with photograph and signature, or the oath of a credible witness
Satisfactory evidence of identity means a current government-issued ID or verification by a credible witness under oath.
Question 3: A signer presents a document in a language the notary cannot read, but the notarial certificate is in English. The notary should:
- She may proceed if she can communicate directly with the signer and the certificate is in English (Correct answer)
- Refuse, because notaries may never notarize foreign-language documents
- Translate the document before notarizing
- Notarize only if the signer swears to the translation
Correct answer: She may proceed if she can communicate directly with the signer and the certificate is in English
A notary notarizes signatures, not content, so a foreign-language document may be notarized if the certificate is in English and direct communication is possible.
Question 4: While performing an acknowledgment, the notary suspects the elderly signer does not understand the document and is being pressured by a relative. The notary should:
- Refuse to perform the notarization (Correct answer)
- Proceed but record her concerns in the journal
- Proceed if the relative confirms the signer agrees
- Ask the relative to sign as a credible witness
Correct answer: Refuse to perform the notarization
A notary must refuse if the signer does not appear to act knowingly, voluntarily, and with awareness.
Question 5: What is the key difference between an acknowledgment and a verification on oath (jurat)?
- An acknowledgment confirms the signature is the signer's voluntary act; a jurat adds a sworn statement that the contents are true (Correct answer)
- A jurat does not require personal appearance
- An acknowledgment requires two witnesses
- There is no difference under Montana law
Correct answer: An acknowledgment confirms the signature is the signer's voluntary act; a jurat adds a sworn statement that the contents are true
An acknowledgment attests to a voluntary signature, while a jurat also involves swearing to the truth of the document's contents.
Question 6: A credible witness used to identify a signer in Montana must:
- Personally know the signer, be personally known to the notary or properly identified, and take an oath (Correct answer)
- Simply be over 18 and present
- Be a licensed attorney
- Be related to the signer by blood or marriage
Correct answer: Personally know the signer, be personally known to the notary or properly identified, and take an oath
A credible witness must know the signer, be identifiable to the notary, and swear to the signer's identity.
Question 7: A notary is asked to notarize her own signature on her personal vehicle title. She should:
- Have another notary perform the notarization (Correct answer)
- Notarize it herself since it is her own document
- Ask her employer to stamp it with her seal
- Skip notarization because titles do not require it
Correct answer: Have another notary perform the notarization
A notary is disqualified from notarizing her own signature and must use a different notary.
MT Notary Performing Notarial Acts 3
Which of the following signers satisfies Montana's personal appearance requirement for a traditional (non-remote) notarization?