MT Notary Prohibited and Permissible Acts 2 — Questions and Answers
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?
- Decline, because the notary is a party with a direct beneficial interest (Correct answer)
- Proceed, as long as the signer appears in person
- Proceed, but note the interest in the journal
- Ask a supervisor for written permission first
Correct answer: Decline, because the notary is a party with a direct beneficial interest
Montana law prohibits notarizing a record in which the notary or the notary's spouse is a party or has a direct beneficial or financial interest.
Question 2: Which of the following may a Montana notary who is not an attorney legally do?
- Select the type of notarial certificate for a customer
- Complete a notarial certificate chosen by the signer (Correct answer)
- Advise a signer whether a power of attorney fits their needs
- Draft a contract for a fee
Correct answer: Complete a notarial certificate chosen by the signer
A non-attorney notary may complete the certificate the signer selects but may not choose the certificate type or give legal advice, which constitutes unauthorized practice of law.
Question 3: A signer presents a document with several blank spaces and asks for notarization. What is the proper action for a Montana notary?
- Notarize it and let the signer fill in the blanks later
- Fill in the blanks for the signer, then notarize
- Refuse to notarize until the blanks are completed or lined through (Correct answer)
- Notarize but write 'blanks present' in the certificate
Correct answer: Refuse to notarize until the blanks are completed or lined through
Notarizing an incomplete record is prohibited because blanks could be filled in fraudulently after notarization.
Question 4: Under Montana law, when MAY a notary refuse to perform a notarial act?
- Whenever the notary chooses, except as prohibited by other law (Correct answer)
- Only when the signer lacks identification
- Never, if the signer pays the fee
- Only with written approval from the Secretary of State
Correct answer: Whenever the notary chooses, except as prohibited by other law
Montana's RULONA provision allows a notary to refuse any notarization unless the refusal is prohibited by other law, such as discrimination statutes.
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?
- No, all relatives are disqualified
- Yes, because Montana disqualifies only the notary and the notary's spouse as parties or beneficiaries (Correct answer)
- Only if another notary is unavailable
- Only if the brother-in-law signs a waiver
Correct answer: Yes, because Montana disqualifies only the notary and the notary's spouse as parties or beneficiaries
Montana disqualifies a notary only when the notary or the notary's spouse is a party to or benefits from the record, so other relatives may generally be served.
Question 6: Which advertising statement by a non-attorney Montana notary is prohibited?
- 'Notary public services available here'
- 'I am licensed to practice law in Montana' (Correct answer)
- 'Acknowledgments and jurats performed'
- 'Remote online notarization offered'
Correct answer: 'I am licensed to practice law in Montana'
A notary who is not an attorney may not state or imply that they are licensed to practice law or may give legal advice.
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?
- Notarize, since the notary certifies the signature, not the content, but only if able to communicate directly with the signer (Correct answer)
- Refuse automatically; foreign-language documents can never be notarized
- Translate the document first using an app
- Have the signer summarize the document orally and rely on that
Correct answer: Notarize, since the notary certifies the signature, not the content, but only if able to communicate directly with the signer
The notarization certifies the signer's identity and signature rather than the document's content, but the notary must be able to communicate with the signer without relying on an interpreter's guesswork.
MT Notary Prohibited and Permissible Acts 2
A Montana notary is asked to notarize a deed in which the notary is named as the grantee.
What must the notary do?