MT Notary - Montana Notary Remote and Electronic Notarization Questions and Answers 1 — Questions and Answers
Question 1: A Montana notary is preparing to perform a Remote Online Notarization (RON). Which of the following is a mandatory requirement regarding the physical location of the notary and the signer?
- Both the notary and the signer must be physically located in Montana.
- The notary must be physically located in Montana, but the signer can be anywhere in the world. (Correct answer)
- The signer must be physically located in Montana, but the notary can be in any U.S. state.
- Both the notary and the signer can be located anywhere in the world, as long as they use an approved Montana RON platform.
Correct answer: The notary must be physically located in Montana, but the signer can be anywhere in the world.
Montana law requires that the notary public must be physically within the borders of Montana at the time of a Remote Online Notarization (RON). However, the law places no restrictions on the geographic location of the principal (signer), who may be located anywhere in the U.S. or internationally.
Question 2: When performing a remote notarization in Montana, which of the following is a key distinction between a Remote Online Notarization (RON) and a Remote Ink-Signed Notarization (RIN)?
- RON requires an audio-visual recording, while RIN only requires an audio recording.
- RON is used for electronic documents with digital signatures, while RIN is used for tangible (paper) documents with wet-ink signatures. (Correct answer)
- RON can be used for any notarial act, but RIN is strictly limited to certifying copies.
- RON requires the notary to be in Montana, while RIN allows the notary to be in North Dakota or Wyoming.
Correct answer: RON is used for electronic documents with digital signatures, while RIN is used for tangible (paper) documents with wet-ink signatures.
The fundamental difference lies in the nature of the document. Remote Online Notarization (RON) involves an entirely electronic process with electronic documents and digital signatures/seals. Remote Ink-Signed Notarization (RIN) is a hybrid process where the signer appears remotely via audio-visual technology but signs a physical, tangible paper document, which is then sent to the notary to be completed with a wet-ink signature and an ink stamp.
Question 3: A Montana notary performs a remote online notarization for a principal. In addition to the standard journal entry, what other record must the notary create and maintain for this specific transaction?
- A screenshot of the principal's government-issued ID.
- A complete audio-visual recording of the notarial session. (Correct answer)
- A transcript of the conversation that occurred during the session.
- A separate paper log signed by the notary attesting to the remote act.
Correct answer: A complete audio-visual recording of the notarial session.
Montana law mandates that all remote and remote online notarizations must be recorded electronically. This audio-visual recording of the entire communication between the notary and the signer is a required record, which the notary must retain in their sole possession or transmit to an approved repository.
Question 4: Before a Montana notary can legally perform any remote or electronic notarizations, they must complete several steps. Which of the following is a required prerequisite?
- Obtain a separate, higher-limit errors and omissions insurance policy.
- Move their primary residence to Helena, the state capital.
- Complete an approved course, pass an exam, and notify the Secretary of State by submitting an information update form. (Correct answer)
- Work as a traditional notary for at least five years to gain experience.
Correct answer: Complete an approved course, pass an exam, and notify the Secretary of State by submitting an information update form.
To be authorized to perform technology-based notarizations like RON, a commissioned Montana notary must select a technology provider, complete an approved course of instruction, pass an examination based on that course, and then submit a 'Notary Public Information Update' form with proof of completion to the Secretary of State.
Question 5: A signer located in another country needs an acknowledgment notarized on a tangible, paper document. Which type of remote notarization is permissible for this scenario under Montana law?
- In-Person Electronic Notarization (IPEN), because the document is tangible.
- Remote Ink-Signed Notarization (RIN), because it involves a tangible document and remote appearance. (Correct answer)
- Remote Online Notarization (RON), because the signer is outside the U.S.
- This scenario is not permitted; the signer must be physically in the U.S.
Correct answer: Remote Ink-Signed Notarization (RIN), because it involves a tangible document and remote appearance.
Montana is one of the few states that allows for the remote notarization of tangible (paper) documents, often called Remote Ink-Signed Notarization (RIN). This process involves the signer appearing via communication technology and signing a paper document, which is then physically delivered to the Montana-based notary for completion. The law specifically allows only acknowledgments to be performed in this manner.
Question 6: Regarding the journal entry for a remote online notarization, Montana law provides a specific alternative to obtaining the principal's physical signature. What must the journal entry contain in lieu of the principal's signature?
- A statement from the notary confirming the principal's identity.
- The IP address from which the principal accessed the RON session.
- A reference to the storage location of the audio-visual recording of the session. (Correct answer)
- The full name and commission number of a credible witness.
Correct answer: A reference to the storage location of the audio-visual recording of the session.
According to Montana Code Annotated 1-5-618, if a notarial act is performed using communication technology (like RON), the journal entry does not require the principal's signature. Instead, the journal record must reference the storage location of the required audio-video recording of the session.
MT Notary - Montana Notary Remote and Electronic Notarization Questions and Answers 1
A Montana notary is preparing to perform a Remote Online Notarization (RON).
Which of the following is a mandatory requirement regarding the physical location of the notary and the signer?