MT Notary - Montana Notary Notarial Certificates and Seal Questions and Answers 1 — Questions and Answers
Question 1: A Montana notary's official stamp must meet several requirements. Which of the following is an unacceptable feature for a Montana notary's official ink stamp?
- An embossing element used in conjunction with the ink stamp (Correct answer)
- A rectangular border approximately 1 inch by 2 ½ inches
- The notary's commission expiration date shown as Month/Day/Four-Digit Year
- Use of either blue or black ink for the impression
Correct answer: An embossing element used in conjunction with the ink stamp
Montana law requires an ink stamp for all notarial acts. While embossers were once common, they may no longer be used as the primary notarial seal. The official seal must be a rectangular ink stamp with specific dimensions and information.
Question 2: A Montana notary, Pat, has recently moved from Helena to Missoula. Pat's notary commission is still valid for another two years. Regarding the official notarial seal, what is the correct course of action for Pat?
- Cross out 'Helena' on the stamp and write 'Missoula' by hand for the remainder of the commission.
- Continue using the existing seal until the commission expires.
- Purchase a new stamp that reflects the new city of residence, 'Missoula'. (Correct answer)
- Notify the Secretary of State but wait for their permission before ordering a new seal.
Correct answer: Purchase a new stamp that reflects the new city of residence, 'Missoula'.
If any of the mandatory information on the notary's official stamp changes, such as the city of residence, the notary must obtain a new stamp with the updated information. Handwritten corrections to the stamp impression are not permitted.
Question 3: When completing a notarial certificate on a tangible document in Montana, which of the following is required for the notary's official signature?
- It must be signed in red ink to stand out.
- It can be a signature stamp, as long as it matches the one on file.
- It must be affixed and reasonably similar to the signature on file with the Secretary of State. (Correct answer)
- It is only required if the notarial act is an acknowledgment.
Correct answer: It must be affixed and reasonably similar to the signature on file with the Secretary of State.
According to Montana Code Annotated 1-5-616, the official signature of a notary public must be reasonably similar to the official signature on file with the Secretary of State and must be affixed to all tangible records. For tangible records, it must be in blue or black ink.
Question 4: A notary in Billings is notarizing a document and notices their ink stamp is running low, causing an incomplete impression. What is the appropriate action for the notary to take?
- Trace over the faint parts of the impression with a black pen.
- Apply a second impression of the stamp directly over the first one.
- Complete a new notarial certificate on a separate sheet of paper and attach it to the document.
- Re-ink the stamp pad and apply a new, clear, and legible impression of the stamp near the original, crossing out the faulty one. (Correct answer)
Correct answer: Re-ink the stamp pad and apply a new, clear, and legible impression of the stamp near the original, crossing out the faulty one.
A notarial seal must be clear and legible. Handwritten corrections or tracing over the impression is not allowed. The best practice is to ensure a clean impression. If a mistake is made, the notary should cross through the incorrect impression, initial it, and apply a new, clear impression nearby.
Question 5: Which of the following pieces of information is NOT a required element on a Montana notary's official rectangular ink stamp?
- The notary's commission expiration date.
- The notary's county of residence. (Correct answer)
- The notary's printed name as it appears on the commission.
- The title, 'Notary Public for the State of Montana'.
Correct answer: The notary's county of residence.
Montana law requires the notary's official stamp to include the city or town of residence, not the county. The other required elements are the notary's printed name, their title, and their full commission expiration date.
Question 6: A client presents a document with a pre-printed notarial certificate that does not fully comply with Montana law. The certificate is missing a space for the venue (State of Montana, County of...). What should the Montana notary do?
- Refuse to notarize the document because the certificate is invalid.
- Cross out the entire certificate and handwrite a new one directly on the document.
- Complete the certificate as is, since it was provided by the client.
- Correct the certificate by adding the venue information or attach a separate, compliant certificate. (Correct answer)
Correct answer: Correct the certificate by adding the venue information or attach a separate, compliant certificate.
A Montana notary is responsible for ensuring the notarial certificate is complete and correct. If a pre-printed certificate is missing required elements, like the venue, the notary should correct the certificate (if possible and neat) or, more commonly, complete and attach a separate loose certificate that complies with all state requirements.
MT Notary - Montana Notary Notarial Certificates and Seal Questions and Answers 1
A Montana notary's official stamp must meet several requirements.
Which of the following is an unacceptable feature for a Montana notary's official ink stamp?