Montana Notary Public — All Questions

When a Montana notary takes an acknowledgment, what is the signer confirming?

• a.That every statement in the document is true and correct
• b.That the signer is the person named in the document and signed it voluntarily for its stated purpose✓
• c.That the notary has read and approved the document's legal effect
• d.That the document has been recorded with the county clerk

In an acknowledgment the signer appears before the notary, is identified, and acknowledges that they signed the document freely for the purpose it states. The notary certifies identity and voluntary execution, not the truthfulness of the contents (that is a jurat) and never the document's legal effect.MCA Title 1, ch. 5 (Montana RULONA); Montana Notary Public Handbook

What does a Montana jurat (verification on oath or affirmation) require that an acknowledgment does not?

• a.The document must be a real-property deed
• b.Two credible witnesses must be present
• c.The signer must sign in the notary's presence and swear or affirm the statement is true✓
• d.The notary must keep the original document

A jurat, called a verification on oath or affirmation under Montana's Revised Uniform Law on Notarial Acts, requires the signer to sign in front of the notary and to swear or affirm the truth of the statement. An acknowledgment requires neither an oath nor signing in the notary's presence.MCA Title 1, ch. 5 (Montana RULONA); Montana Notary Public Handbook

A signer brings a document with no notarial certificate wording and asks the notary, 'Which one do I need?' What should the Montana notary do?

• a.Ask the signer or the document's issuer which act is required, because choosing it for them is the unauthorized practice of law✓
• b.Select an acknowledgment because it is the most common act
• c.Refuse all service until the signer hires an attorney
• d.Perform a jurat, since it covers every situation

A notary who is not a licensed attorney may not decide which notarial act a document needs, because that is giving legal advice. The notary asks the signer (or directs them to the agency requiring the document) to specify the act, then completes the matching certificate.Montana Notary Public Handbook (MT Secretary of State)

For which act may a Montana notary certify that a copy is a true and accurate reproduction of an original?

• a.A certified copy of a birth or death certificate
• b.A certified copy of a recorded real-property deed
• c.A certified copy of a court judgment
• d.A copy of a document the custodian personally presents that is not a publicly recordable or vital record✓

Montana notaries may certify or attest a copy, but not of records that a public official is charged with keeping, such as vital records (birth, death, marriage) or documents already recorded with a government office. Those must be certified by the official custodian, not a notary.Montana Notary Public Handbook (MT Secretary of State)

A caller asks a Montana notary to notarize a signature by video call while the signer is out of state, for a standard (non-remote) notarization. What is required?

• a.Nothing special; a phone call is enough to confirm identity
• b.The signer must personally appear before the notary, which for remote acts means using an approved audio-video platform under Montana's remote notarization rules✓
• c.The notary may notarize if a family member vouches for the signer
• d.The notary may mail the certificate for the signer to sign later

Every notarial act requires the signer's personal appearance. Montana authorizes remote (webcam) notarization, but only through an approved communication-technology platform with identity proofing and recording, not an ordinary phone or video call. A casual video chat does not satisfy personal appearance.MCA Title 1, ch. 5 (Montana RULONA); Montana Notary Public Handbook

What must every Montana notarial certificate include to be complete?

• a.The venue (state and county), the date, the notary's signature, and the official stamp✓
• b.The signer's Social Security number
• c.A statement that the notary read the document
• d.The signer's thumbprint

A Montana certificate states where the act took place (venue), the date it occurred, the notary's signature exactly as commissioned, and the notary's official stamp. Montana does not require a thumbprint, and a notary never records a signer's Social Security number or attests to having read the document.MCA 1-5-609 (certificate of notarial acts)

Under Montana's notarial law, how may a notary establish a signer's identity?

• a.Only by a Montana driver's license
• b.Only by the notary's personal knowledge of the signer
• c.By the notary's personal knowledge of the signer, or by satisfactory evidence such as an acceptable ID or a credible witness✓
• d.By the signer's verbal statement of their own name

Montana follows the Revised Uniform Law on Notarial Acts, which allows identity to be based on the notary's personal knowledge of the individual, or on satisfactory evidence: a current government photo ID that also bears a signature, or the oath of a credible witness. A signer simply stating their name is never enough.MCA Title 1, ch. 5 (Montana RULONA); Montana Notary Public Handbook

Which identification document best satisfies 'satisfactory evidence' of identity in Montana?

• a.A Social Security card
• b.A current, unexpired state driver's license bearing a photograph and signature✓
• c.A credit card with the signer's name
• d.A library card

Satisfactory evidence generally means a current government-issued identification card that shows the signer's photograph, signature, and a physical description or identifying number, such as a driver's license, state ID, passport, or military ID. Social Security cards, credit cards, and library cards lack the required features.MCA Title 1, ch. 5 (Montana RULONA); Montana Notary Public Handbook

A signer has no acceptable ID but comes with a credible witness. What must the Montana notary do before relying on that witness?

• a.Nothing; the witness's word is automatically sufficient
• b.Photocopy the witness's ID into the document
• c.Have the witness sign the document instead of the signer
• d.Place the credible witness under oath or affirmation and confirm the witness knows the signer and is identified to the notary✓

A credible witness must personally know the signer, be identified to (or personally known by) the notary, and take an oath or affirmation vouching for the signer's identity. Only after the witness is sworn may the notary rely on that identification.MCA Title 1, ch. 5 (Montana RULONA); Montana Notary Public Handbook

The signer cannot be identified to the notary's satisfaction and there is no credible witness. What is the correct action?

• a.Decline to perform the notarial act✓
• b.Perform it anyway and note the doubt in the journal
• c.Ask the signer to promise in writing that the ID is genuine
• d.Accept an expired ID that is ten years old

If the notary cannot confirm identity through personal knowledge, acceptable identification, or a credible witness, the notary must refuse the act. Proceeding despite doubt about identity is exactly the fraud the identification rules are meant to prevent.Montana Notary Public Handbook (MT Secretary of State)

What is Montana's rule on keeping a journal of notarial acts?

• a.A journal is optional and rarely used
• b.The notary must chronicle every notarial act in a journal, kept either as a permanent bound paper book or a tamper-evident electronic journal✓
• c.Only remote notarizations must be recorded
• d.The journal must be surrendered to the signer after each act

Montana requires a notary to record all notarial acts in a journal, which may be a permanent, bound paper book designed to deter fraud or a tamper-evident electronic journal. The journal is the notary's record and helps reconstruct an act if it is later questioned.Montana Notary Public Handbook; MCA Title 1, ch. 5

Which of the following must appear on a Montana notary's official stamp?

• a.The notary's home street address
• b.The notary's date of birth
• c.The words 'Notary Public for the State of Montana,' the notary's name, 'Residing at' with the city or town, and the commission expiration date✓
• d.The Montana State Seal in gold foil

Montana's rectangular ink stamp must show the notary's printed name, the title 'Notary Public for the State of Montana,' 'Residing at' followed by the city or town, and the commission expiration date. It uses blue or black ink. A home street address and date of birth are not part of the stamp.MCA 1-5-616 (official stamp); Montana Notary Public Handbook

What information should a Montana journal entry typically record for each notarial act?

• a.The date and time, type of act, description of the document, the signer's name and signature, the method of identification, and any fee✓
• b.Only the signer's phone number
• c.The notary's bank account details
• d.A photocopy of the entire signed document

A complete journal entry captures the date and time, the type of notarial act, a brief description of the document, the signer's name and signature, how the signer was identified, and the fee charged. It is a record of the act, not a copy of the document, and it should never store sensitive data like account numbers.Montana Notary Public Handbook (MT Secretary of State)

A Montana notary's official stamp is lost or stolen. What should the notary do?

• a.Nothing, unless it is used fraudulently
• b.Order a new stamp with a different name to avoid confusion
• c.Wait until the commission expires to report it
• d.Notify the Secretary of State promptly and take steps to prevent misuse✓

Because a stolen stamp or journal can be used to commit fraud, the notary should promptly notify the Montana Secretary of State and secure a replacement. Prompt reporting limits the notary's exposure if the stamp is misused.Montana Notary Public Handbook (MT Secretary of State)

How long is a Montana notary public commission valid?

• a.2 years
• b.4 years✓
• c.7 years
• d.10 years

A Montana notary commission runs for four years. It is not renewed automatically; the notary must reapply, meet the qualifications, and pass the required exam before the term ends to continue serving.MCA 1-5-619 (qualifications, commission, renewals)

What surety bond amount must a Montana notary file?

• a.$5,000
• b.$10,000
• c.$25,000✓
• d.$100,000

Montana requires a $25,000 surety bond, filed with the Secretary of State before the commission takes effect. The bond protects members of the public harmed by the notary's misconduct; it does not shield the notary, who must repay the surety for any claim paid.Montana Notary Public Handbook (MT Secretary of State)

Who is eligible to be commissioned as a Montana notary public?

• a.A person at least 18 years old who is a Montana resident, or a resident of a bordering state who is regularly employed or practices in Montana, and who can read and write English✓
• b.Only a U.S. citizen who owns real property in Montana
• c.Anyone over 16 regardless of residency
• d.Only a licensed attorney

An applicant must be at least 18, be able to read and write English, and either reside in Montana or reside in a neighboring state while regularly employed or practicing in Montana. Citizenship, property ownership, and a law license are not required.MCA 1-5-619 (qualifications, commission, renewals)

Which statement about the Montana notary exam is correct?

• a.It is a closed-book, in-person, proctored test
• b.It requires a perfect score to pass
• c.There is no exam in Montana
• d.It is an open-book online exam of 50 questions with a 60-minute limit, and a score of 80% is required to pass✓

Montana administers an open-book, online exam of 50 questions with a 60-minute time limit; a score of 80% is required. An applicant gets three attempts, after which there is a three-month waiting period. It is not closed-book or proctored in person.Montana Secretary of State — Montana Notary Exam

What is the maximum fee a Montana notary may charge for a single notarial act such as an acknowledgment?

• a.$5
• b.$10✓
• c.$25
• d.There is no limit

Montana caps most notarial-act fees at $10 per act. A notary may charge less, or nothing, but never more than the statutory maximum. Separate rules may apply to remote notarization and travel.Montana Notary Public Handbook (MT Secretary of State)

When must a Montana notary refuse to perform a notarial act?

• a.When the notary is a party to the transaction or has a disqualifying financial or beneficial interest in it beyond the fee✓
• b.Whenever the document is longer than one page
• c.Whenever the signer is a first-time customer
• d.Whenever the document is handwritten

A notary may not act when they are a party to the record or transaction, or have a direct financial or beneficial interest in it beyond the notarial fee. Such a conflict disqualifies the notary because it undermines the impartiality the office requires.MCA Title 1, ch. 5 (Montana RULONA); Montana Notary Public Handbook

A non-attorney Montana notary is asked, 'Is this power of attorney legally binding?' What is the correct response?

• a.Give a quick opinion to be helpful
• b.Advertise as a 'notario publico' to signal expertise
• c.Decline to give legal advice and suggest the signer consult an attorney✓
• d.Refuse to notarize any legal document

A notary who is not a licensed attorney may not give legal advice or opinions about a document's validity or effect; doing so is the unauthorized practice of law. The notary should decline to advise and refer the signer to a lawyer, while still being able to perform the notarization itself.Montana Notary Public Handbook (MT Secretary of State)

What can result if a Montana notary knowingly completes a false certificate?

• a.Only a warning letter
• b.Nothing, because the bond covers everything
• c.A small late fee
• d.Civil liability, revocation of the commission by the Secretary of State, and possible criminal prosecution✓

Knowingly executing a false or fraudulent notarial certificate can expose the notary to civil damages, discipline or revocation by the Secretary of State, and criminal charges. The surety bond compensates the harmed public but does not protect the notary, who must repay it and faces personal consequences.Montana Notary Public Handbook; MCA Title 1, ch. 5