MT Notary - Montana Notary Performing Notarial Acts Questions and Answers 1 — Questions and Answers
Question 1: A signer brings you a document that has already been signed. The notarial certificate is for an acknowledgment. Which of the following is the correct action for the notary to take?
- Refuse the notarization because the document was not signed in your presence.
- Require the signer to personally appear, identify them, and have them acknowledge that they willingly signed the document. (Correct answer)
- Have the signer cross out the original signature and re-sign the document in your presence.
- Notarize the document after comparing the signature on the document to a signature on file.
Correct answer: Require the signer to personally appear, identify them, and have them acknowledge that they willingly signed the document.
For an acknowledgment, the law does not require the notary to witness the act of signing. The signer must personally appear before the notary and acknowledge that they willingly signed the record for the purposes stated in it.
Question 2: According to Montana law, which of the following is a required element in a notary's journal entry for every notarial act, unless specifically exempted?
- The signer's social security number for identity verification.
- A photocopy of the document being notarized.
- The fee charged for the notarial service.
- The signature and address of each person for whom the act is performed. (Correct answer)
Correct answer: The signature and address of each person for whom the act is performed.
Montana law requires each journal entry to include the signature, printed name, and address of the person for whom the notarial act was performed. Exceptions exist for certified copies and deposition transcripts. Recording a social security number is prohibited. While the fee, if any, must be recorded, the signature and address are a more fundamental requirement for most acts involving a signer.
Question 3: A Montana notary is asked to certify a copy of a birth certificate. What should the notary do?
- Make a photocopy, complete a copy certification notarial certificate, and affix their seal.
- Refuse the request because notaries are prohibited from certifying copies of public records like birth certificates.
- Direct the signer to the County Clerk and Recorder to obtain an official certified copy.
- Both refuse the request and direct the signer to the appropriate official custodian of the record. (Correct answer)
Correct answer: Both refuse the request and direct the signer to the appropriate official custodian of the record.
Montana notaries are prohibited from certifying copies of public records or documents that are publicly recordable, such as birth certificates. The proper procedure is for the notary to refuse the request and explain that an official certified copy must be obtained from the official custodian of the record (e.g., the Office of Vital Statistics or the County Clerk).
Question 4: In performing a jurat (verification upon oath or affirmation), a Montana notary must perform all of the following actions EXCEPT:
- Require the personal appearance of the signer.
- Administer an oath or affirmation to the signer.
- Verify the contents of the document for accuracy. (Correct answer)
- Watch the signer sign the document.
Correct answer: Verify the contents of the document for accuracy.
A notary's role in a jurat is to witness the signature, administer an oath or affirmation where the signer attests to the truthfulness of the document's contents, and verify the signer's identity. The notary is not responsible for verifying the accuracy or legality of the document's contents; their function is to certify the act of signing and swearing.
Question 5: A person signs a document in a representative capacity as the president of a corporation. The notarial certificate for an acknowledgment must include which of the following details?
- The corporation's tax identification number.
- The date the corporation was formed.
- The name of the person signing, their capacity (e.g., President), and the name of the corporation. (Correct answer)
- A statement from the notary confirming the person has the authority to sign for the corporation.
Correct answer: The name of the person signing, their capacity (e.g., President), and the name of the corporation.
Montana Code Annotated §1-5-610(2) specifies that when a document is signed in a representative capacity, the notarial certificate must include the name of the individual who signed, the capacity in which they signed, and the name of the entity on whose behalf it was signed.
Question 6: Which of the following components is known as the 'venue' in a notarial certificate?
- The notary's commission expiration date.
- The signature of the person whose document is being notarized.
- The title of the document being notarized.
- The state and county where the notarization takes place. (Correct answer)
Correct answer: The state and county where the notarization takes place.
The venue is a required part of every notarial certificate and indicates the location (state and county) where the notary public performed the notarial act.
MT Notary - Montana Notary Performing Notarial Acts Questions and Answers 1
A signer brings you a document that has already been signed.
The notarial certificate is for an acknowledgment.
Which of the following is the correct action for the notary to take?