MT Notary - Montana Notary Prohibited and Permissible Acts Questions and Answers 1 — Questions and Answers
Question 1: A Montana notary public is presented with a durable power of attorney document to notarize. The notary is named as the agent (attorney-in-fact) within the document. Which of the following is the correct action for the notary to take?
- Proceed with the notarization as long as the notary is not receiving a fee beyond the standard notarial fee.
- Refuse to notarize the document because the notary is a named party and has a direct beneficial interest. (Correct answer)
- Notarize the document but make a special note in the journal explaining the notary's role as agent.
- Ask the signer to strike the notary's name from the document before proceeding with the notarization.
Correct answer: Refuse to notarize the document because the notary is a named party and has a direct beneficial interest.
According to Montana Code Annotated 1-5-625(1)(b), a notary public may not notarize a record in which the notary is individually named or from which the notary will directly benefit. Being named as the agent in a power of attorney constitutes being a named party to the transaction, creating a prohibited conflict of interest.
Question 2: Which of the following acts is permissible for a Montana notary public to perform?
- Certifying a copy of a Montana birth certificate.
- Giving advice on how to fill out a legal document.
- Affixing the notary's stamp and signature to a document without a notarial certificate.
- Charging a fee of $10 for taking an acknowledgment. (Correct answer)
Correct answer: Charging a fee of $10 for taking an acknowledgment.
Montana law allows notaries to charge a maximum fee of $10 for most notarial acts, including taking an acknowledgment. Notaries are generally prohibited from certifying copies of vital records like birth certificates, providing legal advice, and affixing their seal to a document without a completed notarial certificate.
Question 3: A signer appears before a Montana notary and asks to have their signature on a contract notarized. The signer explains that they will be out of the country next week when the contract is dated and asks the notary to date the notarization for next week. What is the notary's proper course of action?
- Agree to post-date the notarization as a courtesy to the signer.
- Refuse to notarize and explain that the notarial certificate must be dated the day the notarization occurs. (Correct answer)
- Date the notarization for the current date but make a journal entry about the signer's request.
- Tell the signer to come back on the date they want the notarization to reflect.
Correct answer: Refuse to notarize and explain that the notarial certificate must be dated the day the notarization occurs.
A notary must date the notarial certificate with the actual date the signer personally appeared and the notarial act was performed. Post-dating or back-dating a notarization is a prohibited act because it misrepresents the facts of the notarization.
Question 4: Under Montana law, a notary public is strictly prohibited from recording certain information in their official journal. Which of the following pieces of information is NOT allowed to be recorded?
- The type of notarial act performed.
- The signer's driver's license number. (Correct answer)
- The printed name and address of the signer.
- A description of the document being notarized.
Correct answer: The signer's driver's license number.
Montana Code Annotated 1-5-618(4) explicitly prohibits a notary public from recording a social security number, passport number, or driver's license number in their journal. The other items listed are required components of a journal entry.
Question 5: A Montana notary who is not an attorney is advertising their services. Which of the following advertising practices would be considered a prohibited act?
- Listing the statutory fees for each type of notarial act.
- Advertising in a language other than English with a disclaimer that they are not an attorney.
- Using the phrase "Legal Document Specialist" in their business title. (Correct answer)
- Including their commission expiration date on their business cards.
Correct answer: Using the phrase "Legal Document Specialist" in their business title.
Using a title like "Legal Document Specialist" implies the notary can offer legal advice or assistance in drafting legal records, which constitutes the unauthorized practice of law for a non-attorney notary and is a prohibited act under MCA 1-5-625(1)(f). The other options are permissible advertising practices.
Question 6: A person physically unable to sign their name appears before a Montana notary for the notarization of a document. The person directs their daughter, who is also present, to sign on their behalf. What must the notary do?
- Refuse the notarization as the signer cannot physically sign.
- Allow the daughter to sign and proceed with a standard acknowledgment.
- Perform the notarization but modify the notarial certificate to reflect that the signature was made by another person at the principal's direction. (Correct answer)
- Act as the signature proxy and sign on behalf of the physically unable person.
Correct answer: Perform the notarization but modify the notarial certificate to reflect that the signature was made by another person at the principal's direction.
Montana law allows for a signature by proxy if the principal is physically unable to sign. The notary must be present for the verbal direction from the principal to the proxy. The notary must then modify the notarial certificate to accurately describe the circumstances of the signing, indicating who signed on behalf of whom. The notary themselves cannot be the person directed to sign.
MT Notary - Montana Notary Prohibited and Permissible Acts Questions and Answers 1
A Montana notary public is presented with a durable power of attorney document to notarize.
The notary is named as the agent (attorney-in-fact) within the document.
Which of the following is the correct action for the notary to take?