MT Notary Identifying Signers and Credibility 2 — Questions and Answers
Question 1: Under Montana's Revised Uniform Law on Notarial Acts, how long may an otherwise acceptable identification document be expired and still serve as satisfactory evidence of identity?
- Not more than 3 years before the notarial act (Correct answer)
- Not more than 1 year before the notarial act
- Not more than 6 months before the notarial act
- It must be unexpired in all cases
Correct answer: Not more than 3 years before the notarial act
Montana law accepts a passport, driver's license, or government-issued ID that is current or expired not more than 3 years before the notarial act.
Question 2: A signer presents a Costco membership card with a photo as her only identification. What should the Montana notary do?
- Decline it because it is not government-issued identification (Correct answer)
- Accept it since it has a photograph
- Accept it if the signer also recites her Social Security number
- Accept it if the card is unexpired
Correct answer: Decline it because it is not government-issued identification
Satisfactory evidence of identity requires government-issued identification or other statutory methods, not a private membership card.
Question 3: Which of the following is a valid way for a Montana notary to identify a signer WITHOUT any ID document?
- Personal knowledge of the signer's identity (Correct answer)
- The signer's verbal statement of their own name
- A photocopy of an ID emailed by the signer's spouse
- A utility bill showing the signer's address
Correct answer: Personal knowledge of the signer's identity
A notary may identify a signer through personal knowledge, meaning familiarity through dealings sufficient to provide reasonable certainty of identity.
Question 4: What does 'personal knowledge' of a signer's identity require under Montana notary law?
- Familiarity with the individual through dealings sufficient to provide reasonable certainty of identity (Correct answer)
- Having met the person at least once before
- Knowing the person's home address and phone number
- Being related to the person by blood or marriage
Correct answer: Familiarity with the individual through dealings sufficient to provide reasonable certainty of identity
Personal knowledge means dealings with the individual over time sufficient to give the notary reasonable certainty the person has the identity claimed.
Question 5: A credible witness is used to identify a signer in Montana. What must the credible witness do before vouching for the signer?
- Take an oath or affirmation verifying the signer's identity (Correct answer)
- Sign the notarized document as a co-signer
- Present two forms of identification for the signer
- Pay the notarial fee on the signer's behalf
Correct answer: Take an oath or affirmation verifying the signer's identity
The credible witness must make a verification on oath or affirmation that the signer is who they claim to be.
Question 6: Which document is specifically listed in Montana law as satisfactory evidence of a signer's identity?
- An unexpired or recently expired U.S. or foreign passport (Correct answer)
- A birth certificate
- A Social Security card
- A voter registration card
Correct answer: An unexpired or recently expired U.S. or foreign passport
A passport, driver's license, or government-issued nondriver ID card, current or expired within 3 years, is expressly satisfactory evidence.
Question 7: A signer's driver's license photo looks noticeably different from the person standing before the notary, and the notary is not reasonably certain of the match. What should the notary do?
- Refuse to perform the notarial act until identity can be reasonably established (Correct answer)
- Proceed but note the discrepancy in the certificate
- Ask the signer to sign twice for comparison and proceed
- Accept the license because it is government-issued
Correct answer: Refuse to perform the notarial act until identity can be reasonably established
A notary may refuse to perform a notarial act if not satisfied that the individual has the identity claimed.
MT Notary Identifying Signers and Credibility 2
Under Montana's Revised Uniform Law on Notarial Acts, how long may an otherwise acceptable identification document be expired and still serve as satisfactory evidence of identity?