MT Notary Prohibited and Permissible Acts 2

Question 1

A Montana notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?

Accepted Answer

Decline, because the notary is a party with a direct beneficial interest

Answer

Proceed, as long as the signer appears in person

Answer

Proceed, but note the interest in the journal

Answer

Ask a supervisor for written permission first

Question 2

Which of the following may a Montana notary who is not an attorney legally do?

Accepted Answer

Complete a notarial certificate chosen by the signer

Answer

Select the type of notarial certificate for a customer

Answer

Advise a signer whether a power of attorney fits their needs

Answer

Draft a contract for a fee

Question 3

A signer presents a document with several blank spaces and asks for notarization. What is the proper action for a Montana notary?

Accepted Answer

Refuse to notarize until the blanks are completed or lined through

Answer

Notarize it and let the signer fill in the blanks later

Answer

Fill in the blanks for the signer, then notarize

Answer

Notarize but write 'blanks present' in the certificate

Question 4

Under Montana law, when MAY a notary refuse to perform a notarial act?

Accepted Answer

Whenever the notary chooses, except as prohibited by other law

Answer

Only when the signer lacks identification

Answer

Never, if the signer pays the fee

Answer

Only with written approval from the Secretary of State

Question 5

A Montana notary's brother-in-law asks her to notarize his loan documents. The notary has no financial interest in the loan. May she proceed?

Accepted Answer

Yes, because Montana disqualifies only the notary and the notary's spouse as parties or beneficiaries

Answer

No, all relatives are disqualified

Answer

Only if another notary is unavailable

Answer

Only if the brother-in-law signs a waiver

Question 6

Which advertising statement by a non-attorney Montana notary is prohibited?

Accepted Answer

'I am licensed to practice law in Montana'

Answer

'Notary public services available here'

Answer

'Acknowledgments and jurats performed'

Answer

'Remote online notarization offered'

Question 7

A document is written entirely in a language the Montana notary cannot read, but the certificate is in English and the signer is properly identified. What is the safest, compliant course?

Accepted Answer

Notarize, since the notary certifies the signature, not the content, but only if able to communicate directly with the signer

Answer

Refuse automatically; foreign-language documents can never be notarized

Answer

Translate the document first using an app

Answer

Have the signer summarize the document orally and rely on that