Montana Notary Public — All Questions

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