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Notarial Acts and Procedures Flashcards

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  1. A document presented to a Montana notary contains blank spaces. What should the notary do?

    Answer: Ask the signer to complete or line through the blanks before notarizing

    Notarizing an incomplete record risks fraud, so blanks should be filled in or struck through before the notarial act.

  2. A signer cannot physically sign due to disability. Under Montana law, how may the signature be made?

    Answer: The notary may sign the signer's name at their direction, noting the circumstances, or another individual may sign as directed in the notary's presence

    Montana permits signature by proxy when directed by the disabled individual in the presence of the notary, with the facts noted on the record.

  3. Which scenario requires a Montana notary to REFUSE to perform a notarial act?

    Answer: The notary is not satisfied the signer is competent or acting voluntarily

    A notary must refuse if not satisfied that the signer has the capacity to understand or is signing free of coercion.

  4. A Montana notary is asked to notarize a document in which the notary is named as a beneficiary. What should the notary do?

    Answer: Decline, because a notary may not notarize when they have a disqualifying beneficial interest

    A notary with a direct beneficial or financial interest in a transaction is disqualified from notarizing it.

  5. During a remote online notarization in Montana, how is the signer's identity typically verified when not personally known?

    Answer: Credential analysis plus identity proofing such as knowledge-based authentication

    Montana's remote notarization rules require identity verification through credential analysis and identity proofing when the signer is not personally known.

  6. What does 'personal appearance' mean for a standard (non-remote) notarization in Montana?

    Answer: The signer is physically in the notary's presence at the time of the act

    Personal appearance requires the individual to be physically present before the notary when the notarial act is performed.

  7. A signer presents a document already signed yesterday and requests an acknowledgment. May the Montana notary proceed?

    Answer: Yes, because an acknowledgment does not require signing in the notary's presence, only that the signer acknowledges the signature

    For an acknowledgment the signature may predate the appearance, as long as the signer personally appears and acknowledges it.