Montana Notary Public — All Questions

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)