MT Notary Remote and Electronic Notarization 2 — Questions and Answers
Question 1: Under Montana law, what must a notary do BEFORE performing their first remote online notarization?
- Notify the Secretary of State and identify the technology vendor they will use (Correct answer)
- Obtain a separate remote notary commission with a new bond
- Complete a 40-hour training course at a state facility
- Receive written approval from a district court judge
Correct answer: Notify the Secretary of State and identify the technology vendor they will use
Montana notaries must notify the Secretary of State of their intent to perform remote notarizations and identify their chosen approved technology provider before performing the first one.
Question 2: During a Montana remote online notarization, the communication technology must allow the notary and the signer to do what?
- See and hear each other simultaneously in real time (Correct answer)
- Exchange encrypted email messages
- Record audio only of the session
- Communicate through a licensed attorney intermediary
Correct answer: See and hear each other simultaneously in real time
Montana requires audio-visual communication technology that permits simultaneous, real-time sight and sound interaction between the notary and the remotely located individual.
Question 3: How long must a Montana notary retain the audio-visual recording of a remote online notarization?
- At least 10 years from the date of the notarial act (Correct answer)
- At least 1 year from the date of the notarial act
- At least 6 months, then it may be deleted
- Only until the commission expires
Correct answer: At least 10 years from the date of the notarial act
Montana requires the audio-visual recording of a remote notarization to be retained for at least 10 years after the notarial act.
Question 4: A remotely located signer presents a passport through the camera during identity proofing. What ELSE does Montana typically require to verify identity when the notary lacks personal knowledge?
- Credential analysis of the ID plus identity proofing such as knowledge-based authentication (Correct answer)
- A notarized affidavit from the signer's employer
- Two additional witnesses on the video call
- A fingerprint scan submitted to the Department of Justice
Correct answer: Credential analysis of the ID plus identity proofing such as knowledge-based authentication
For remotely located individuals not personally known, Montana requires at least two forms of identity verification, typically credential analysis of the ID combined with identity proofing like knowledge-based authentication (KBA).
Question 5: What must the certificate of a notarial act state when the act was performed for a remotely located individual in Montana?
- That the notarial act was performed using communication technology (Correct answer)
- The signer's home address and phone number
- The serial number of the notary's webcam
- The name of the internet service provider used
Correct answer: That the notarial act was performed using communication technology
The notarial certificate must indicate that the act involved a remotely located individual and was performed using communication technology.
Question 6: A Montana remote notary's technology vendor goes out of business and the notary switches providers. What should the notary do?
- Notify the Secretary of State of the new technology provider before using it (Correct answer)
- Nothing, since the original notification covers all future vendors
- Surrender the commission and reapply
- Get each future signer to approve the vendor in writing
Correct answer: Notify the Secretary of State of the new technology provider before using it
Notaries must notify the Secretary of State when they change or add remote notarization technology providers before using the new technology.
Question 7: Which statement about the physical location of parties during a Montana remote online notarization is correct?
- The notary must be physically located in Montana, but the signer may be outside the state or country (Correct answer)
- Both the notary and signer must be physically in Montana
- The notary may be anywhere in the world as long as the signer is in Montana
- Both parties must be in the same county
Correct answer: The notary must be physically located in Montana, but the signer may be outside the state or country
A Montana remote notary must be physically within Montana when performing the act, while the remotely located signer can be elsewhere, including outside the United States under certain conditions.
MT Notary Remote and Electronic Notarization 2
Under Montana law, what must a notary do BEFORE performing their first remote online notarization?