Ethics and Professional Conduct Flashcards
7 cards from real MT NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Ethics and Professional Conduct flashcards as text
An employer tells a departing employee that the notary commission she obtained while employed 'stays with the company.' Under Montana law, the commission:
Answer: Belongs to the notary personally, regardless of who paid for it
A notary commission is issued to the individual and remains hers even if an employer paid the application costs.
A Montana notary performing a remote online notarization notices the audio-video feed keeps freezing, preventing clear interaction with the signer. She should:
Answer: Stop and reschedule until continuous, clear audio-video communication is possible
Remote notarization requires continuous simultaneous audio-video communication, so a failing connection means the act cannot properly proceed.
A signer asks a Montana notary to notarize a document written in a language the notary cannot read, though the notarial certificate is in English. The best practice is to:
Answer: Proceed cautiously only if she can communicate directly with the signer and the certificate is understandable, otherwise decline
The notary must be able to communicate directly with the signer and understand the certificate she completes, even if the document body is in another language.
Who is legally responsible if a Montana notary's negligent notarization causes financial harm, when the notary acted under employer instructions?
Answer: The notary remains personally liable, though the employer may share liability
A notary is always personally responsible for her official acts, and following employer orders does not eliminate that liability.
A Montana notary is asked to notarize the signature of a person who is physically unable to sign. Which approach is proper?
Answer: Follow the statutory procedure allowing a directed signature by another individual in the signer's presence
Montana law allows a signer with a disability to direct another person to sign in the notary's and the signer's presence under specific procedures.
A Montana notary receives a subpoena for records of a notarization she performed two years ago. The most professional response is to:
Answer: Produce the relevant journal entries as legally required
No notary-client privilege exists, and journal records must be produced in response to lawful process.
During a will signing, the testator's son pressures his hesitant mother, saying 'just sign it already.' The Montana notary observes visible reluctance. She should:
Answer: Pause the notarization and speak with the signer to confirm she is acting willingly, declining if coercion appears
A notary must be satisfied the signer acts freely, and evident pressure or reluctance is grounds to pause or refuse.