MT Notary Notarial Certificates and Seal 2 — Questions and Answers
Question 1: Under Montana law, what must a notary do if a notarial certificate is missing from a document presented for notarization?
- Attach or complete an appropriate certificate before signing (Correct answer)
- Sign and seal the document anyway
- Return the document unsigned with no action
- Write a certificate chosen by the signer's attorney only
Correct answer: Attach or complete an appropriate certificate before signing
A Montana notary may not sign or seal a document without a notarial certificate, so one must be completed or attached first.
Question 2: Which element is NOT required on a Montana notary's official stamp?
- The notary's commission expiration date in the outer border text (Correct answer)
- The words 'Notary Public for the State of Montana'
- The notary's name as it appears on the commission
- The Great Seal of the State of Montana
Correct answer: The notary's commission expiration date in the outer border text
Montana's official stamp requires the notary's name, the Great Seal, and 'Notary Public for the State of Montana,' but the expiration date appears in the certificate block, not as a required stamp element.
Question 3: A Montana notary completes an acknowledgment certificate. What is the notary certifying?
- That the signer appeared, was identified, and acknowledged signing willingly (Correct answer)
- That the contents of the document are true
- That the signer swore an oath about the document's accuracy
- That the document is legally enforceable
Correct answer: That the signer appeared, was identified, and acknowledged signing willingly
An acknowledgment certifies appearance, identity, and the signer's acknowledgment that the signature was voluntarily made.
Question 4: In a Montana jurat (verification on oath or affirmation), when must the document be signed?
- In the notary's presence at the time of notarization (Correct answer)
- Any time before the appointment, up to one year prior
- After the notary has already affixed the seal
- By mail within ten days of the notarization
Correct answer: In the notary's presence at the time of notarization
A jurat requires the signer to sign in the notary's presence and take an oath or affirmation that the contents are true.
Question 5: Which venue statement on a Montana notarial certificate is correct for a notarization performed in Billings?
- State of Montana, County of Yellowstone (Correct answer)
- State of Montana, City of Billings
- United States of America, State of Montana
- County of Yellowstone only, with no state listed
Correct answer: State of Montana, County of Yellowstone
The venue must show the state and county where the notarial act physically took place.
Question 6: A signer asks a Montana notary to backdate a certificate to match the date on a contract. What should the notary do?
- Refuse, because the certificate must show the actual date of the notarial act (Correct answer)
- Comply if the difference is less than 30 days
- Comply if the signer signs a waiver
- Leave the date blank so the signer can fill it in later
Correct answer: Refuse, because the certificate must show the actual date of the notarial act
Backdating a certificate is a false certificate and grounds for discipline; the date must reflect when the act actually occurred.
Question 7: What should a Montana notary do if their official stamp impression comes out smudged and partially illegible on a recordable document?
- Re-stamp in a nearby clear area of the same page (Correct answer)
- Trace over the smudged impression with a pen
- Leave it, since intent is what matters
- White-out the smudge and stamp on top of the correction fluid
Correct answer: Re-stamp in a nearby clear area of the same page
An illegible impression should be re-applied in a clear area so the stamp is fully legible and photographically reproducible.
MT Notary Notarial Certificates and Seal 2
Under Montana law, what must a notary do if a notarial certificate is missing from a document presented for notarization?