Performing Notarial Acts 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 Performing Notarial Acts flashcards as text
A signer with a broken arm cannot sign his name. Under Montana law, the notary may:
Answer: Allow another individual to sign the signer's name in the signer's presence and at his direction, noting this on the document
Montana permits signature by proxy when directed by a disabled signer in the signer's and notary's presence, with a notation such as 'Signature affixed by (name) at the direction of (signer)'.
After completing a notarization, the notary realizes she wrote the wrong date in the certificate. She should:
Answer: Correct it at the time of the transaction by lining through, initialing, and dating the change, or complete a new certificate
Certificate errors should be corrected transparently by the notary, never with correction fluid or by another person.
A Montana notary is presented with a photograph and asked to 'notarize' that it is a true likeness of the signer. The notary should:
Answer: Decline, because certifying a likeness is not an authorized notarial act
Certifying that a photo depicts a person is not among the notarial acts authorized by Montana law.
A title company asks a Montana notary to backdate a certificate to yesterday because the loan documents were due. The notary should:
Answer: Refuse, because the certificate must state the actual date of the notarial act
Falsifying the date of a notarial certificate is unlawful; the certificate must reflect the true date of the act.
Which statement about administering an oath in Montana is correct?
Answer: A signer who objects to swearing may instead make an affirmation, which has the same legal effect
An affirmation is a solemn, non-religious substitute for an oath with identical legal effect.
A document arrives with a preprinted acknowledgment certificate, but the signer needs to swear the contents are true. The notary should:
Answer: Ask the signer which act is required and, if a jurat is needed, attach or complete the correct jurat certificate
The notary may ask the signer what act is needed and use the matching certificate, but may not choose for the signer since that is legal advice.
During a signing, the notary's stamp impression comes out smudged and partially unreadable. She should:
Answer: Affix a clear, complete impression nearby without obscuring the document text or signatures
The official stamp must be legible and capable of being copied, so a smudged impression should be replaced with a clear one.