Chapter 2 of 518% of exam
Identifying the Signer
Montana's rules for confirming who is signing, based on personal knowledge or satisfactory evidence, and the strict conditions for using credible witnesses.
Personal knowledge or satisfactory evidence
Under Montana's Revised Uniform Law on Notarial Acts a notary may rely on personal knowledge of the signer or on satisfactory evidence. Either path must give the notary real confidence in the signer's identity.
Personal knowledge means the notary actually knows the individual through dealings sufficient to eliminate reasonable doubt.
Satisfactory evidence means an acceptable identification document, or the oath of a credible witness.
A signer merely stating their name is never sufficient identification.
Acceptable identification documents
When relying on documents, the ID must contain the features that make it trustworthy.
A current government-issued ID with a photograph, signature, and identifying number qualifies, such as a driver's license, state ID, passport, or military ID.
Social Security cards, credit cards, and library cards are not acceptable because they lack the required features.
The document should be current or unexpired; a badly outdated ID undermines confidence in identity.
Credible witnesses and refusal
A credible witness is a backup path when a signer lacks acceptable ID, but it comes with conditions, and sometimes the only correct answer is to refuse.
A credible witness must personally know the signer and be known to, or identified by, the notary.
The notary must place the credible witness under oath or affirmation before relying on them.
A credible witness should have no financial interest in the transaction.
If identity cannot be established by any allowed method, the notary must decline the act.