MT Notary Prohibited and Permissible Acts 3 — Questions and Answers
Question 1: A signer's daughter arrives with her mother's signed document and valid ID for her mother, who is home sick. What must the Montana notary do?
- Notarize, since the ID is genuine
- Refuse, because the signer must personally appear before the notary (Correct answer)
- Notarize if the daughter signs an affidavit
- Call the mother by phone to confirm and then notarize
Correct answer: Refuse, because the signer must personally appear before the notary
Personal appearance before the notary at the time of notarization is mandatory, and notarizing without it is a prohibited act.
Question 2: During a notarization, the Montana notary realizes the signer appears heavily intoxicated and confused about the document. What should the notary do?
- Proceed, because competence is a court's problem
- Proceed if the ID is valid
- Refuse, because the notary may not notarize when the signer appears unable to understand the transaction (Correct answer)
- Have a family member co-sign
Correct answer: Refuse, because the notary may not notarize when the signer appears unable to understand the transaction
A notary must refuse if not satisfied that the signer is competent and signing knowingly and voluntarily.
Question 3: Which of the following is a PERMISSIBLE act for a Montana notary?
- Certifying a copy of a marriage certificate issued by a county clerk
- Certifying a copy of a private business contract when authorized to do so (Correct answer)
- Issuing an apostille for a document going abroad
- Certifying a copy of a federal birth record
Correct answer: Certifying a copy of a private business contract when authorized to do so
Montana notaries may certify copies of records that are not publicly recorded vital or official records; certified copies of vital records must come from the issuing office, and apostilles come from the Secretary of State.
Question 4: A title company offers a Montana notary $50 extra per signing to overlook missing pages in loan packages. Accepting would be:
- Permissible if disclosed to the signer
- Permissible because fees are negotiable
- A prohibited act constituting official misconduct (Correct answer)
- Allowed once per calendar year
Correct answer: A prohibited act constituting official misconduct
Performing a notarial act dishonestly or facilitating fraud is official misconduct that can lead to revocation and civil or criminal liability.
Question 5: A Montana notary is asked to notarize her own signature on her personal vehicle title. This is:
- Permissible with a second witness
- Prohibited, because a notary may not notarize their own signature (Correct answer)
- Permissible for titles only
- Permissible if no fee is charged
Correct answer: Prohibited, because a notary may not notarize their own signature
Notarizing one's own signature is expressly prohibited because the notary cannot be an impartial witness to their own act.
Question 6: A signer asks the notary to backdate a certificate to yesterday because a deadline passed. The Montana notary should:
- Backdate only for 24 hours or less
- Refuse; a certificate must state the actual date the notarial act was performed (Correct answer)
- Backdate but note the true date in the journal
- Ask the receiving agency for permission
Correct answer: Refuse; a certificate must state the actual date the notarial act was performed
Falsifying the date of a notarial certificate is fraud and a prohibited act regardless of the reason.
Question 7: May a Montana notary notarize a document that will be sent to another state or country?
- No, Montana notarizations are valid only in Montana
- Yes, if the notarial act itself is performed while the notary is within Montana (Correct answer)
- Only with the Secretary of State's pre-approval
- Only if the notary holds a dual commission
Correct answer: Yes, if the notarial act itself is performed while the notary is within Montana
The destination of the document does not matter; what matters is that the notary performs the act within their jurisdiction (or under Montana's limited border-state provisions).
MT Notary Prohibited and Permissible Acts 3
A signer's daughter arrives with her mother's signed document and valid ID for her mother, who is home sick.
What must the Montana notary do?