MT Notary Remote and Electronic Notarization 3 — Questions and Answers
Question 1: A remotely located individual outside the United States asks a Montana notary to notarize a document. Under Montana law, this is generally permitted if what is true?
- The record relates to a matter before a U.S. court or agency, involves U.S. property, or involves a transaction substantially connected to the U.S. (Correct answer)
- The signer holds dual citizenship with the United States
- The foreign country has a mutual notarization treaty with Montana
- The document is first translated into English by a certified translator
Correct answer: The record relates to a matter before a U.S. court or agency, involves U.S. property, or involves a transaction substantially connected to the U.S.
Montana permits remote notarization for signers outside the U.S. when the record relates to a U.S. court or governmental filing, U.S.-located property, or a transaction substantially connected with the United States, and the act is not prohibited where the signer is located.
Question 2: What is 'credential analysis' in the context of Montana remote online notarization?
- A technological process that verifies the authenticity of a government-issued ID presented remotely (Correct answer)
- A background check of the notary's professional licenses
- A review of the signer's credit history
- An audit of the notary's journal by the Secretary of State
Correct answer: A technological process that verifies the authenticity of a government-issued ID presented remotely
Credential analysis is an automated process that confirms a remotely presented government-issued identification credential is valid and unexpired.
Question 3: During a remote session, a Montana notary's video feed freezes and the connection drops before the signer signs. What is the proper course of action?
- Restart the session and re-verify the signer's identity before completing the notarization (Correct answer)
- Complete the certificate anyway since identity was already verified
- Have the signer email a photo of the signed document
- Ask the technology vendor to certify the act on the notary's behalf
Correct answer: Restart the session and re-verify the signer's identity before completing the notarization
If the audio-visual connection fails, the notary must restart the process and re-verify identity, because the act must occur during continuous real-time communication.
Question 4: In Montana, what is the difference between an 'electronic notarization' (IPEN) and a 'remote online notarization' (RON)?
- In IPEN the signer appears physically before the notary but signs electronically; in RON the signer appears via audio-visual technology (Correct answer)
- IPEN is for real estate only, while RON is for all other documents
- There is no difference; the terms are interchangeable
- IPEN requires a paper journal while RON requires no journal
Correct answer: In IPEN the signer appears physically before the notary but signs electronically; in RON the signer appears via audio-visual technology
In-person electronic notarization involves electronic documents signed with the signer physically present, whereas remote online notarization uses audio-visual communication technology with a remotely located signer.
Question 5: Which journal requirement applies to a Montana notary performing remote online notarizations?
- The notary must record the act in a journal and note that it was performed using communication technology (Correct answer)
- No journal entry is required because the recording replaces it
- A separate journal must be filed monthly with the county clerk
- Only paper journals may be used for remote acts
Correct answer: The notary must record the act in a journal and note that it was performed using communication technology
Montana notaries must record every notarial act, including remote ones, in their journal and indicate that communication technology was used.
Question 6: Who may act as the custodian of a Montana notary's remote notarization recordings?
- The notary, or a repository or third party designated by or on behalf of the notary (Correct answer)
- Only the Montana Secretary of State
- Only the county clerk and recorder
- Only the signer's attorney
Correct answer: The notary, or a repository or third party designated by or on behalf of the notary
The notary may retain the recordings personally or designate a qualified repository or third party, such as the technology provider, to store them.
Question 7: A Montana notary is asked to remotely notarize a document for a signer who appears confused and unable to follow the conversation on video. The notary should:
- Refuse to perform the notarization because the signer does not appear to have the capacity to understand the transaction (Correct answer)
- Proceed since capacity is the attorney's responsibility
- Ask a family member off-camera to answer for the signer
- Complete the act but add a disclaimer to the certificate
Correct answer: Refuse to perform the notarization because the signer does not appear to have the capacity to understand the transaction
A notary must refuse to perform any notarial act, remote or in person, if the signer does not appear competent or aware of what they are signing.
MT Notary Remote and Electronic Notarization 3
A remotely located individual outside the United States asks a Montana notary to notarize a document.
Under Montana law, this is generally permitted if what is true?