Prohibited and Permissible Acts Flashcards

A Montana notary works for a bank. Her employer directs her to notarize signatures on documents where the bank is a party. May she comply?

Answer: Yes, employment alone does not create a disqualifying direct beneficial interest

Receiving a regular salary from an employer that is a party does not by itself give the notary a disqualifying direct beneficial or financial interest.

A Montana notary discovers her stamp was used by a coworker while she was at lunch. Regarding the resulting 'notarization,' which is true?

Answer: It is invalid, and the notary must not allow others to use her stamp or perform acts in her name

Only the commissioned notary may perform notarial acts and use the official stamp; permitting or ignoring unauthorized use is misconduct.

Which fee practice is prohibited for a Montana notary?

Answer: Charging more than the fee limits set by the Secretary of State's rules

Notaries may charge up to the maximum fees established under Montana rule but may not exceed them for the notarial act itself.

A signer with a broken arm asks the Montana notary to sign the document on his behalf while he watches. Is this permissible?

Answer: Yes, Montana permits a notary to sign for an individual physically unable to sign, if directed by that individual and properly documented

Montana law allows signature by proxy for a physically unable signer when the notary is directed to sign in the individual's presence and notes the circumstances on the record.

A Montana notary is asked to take an acknowledgment from a signer who refuses to remove a face-concealing mask, and the notary cannot match the face to the ID. The notary should:

Answer: Refuse until identity can be verified, since satisfactory evidence of identity is required

A notary must have satisfactory evidence of identity, and inability to compare the signer to the ID means that standard is not met.

Which of the following is a permissible notarial act in Montana?

Answer: Administering an oath to a witness for a deposition

Administering oaths and affirmations is a core authorized notarial act, while vital records and licenses are issued by government offices.

A signer presents an expired driver's license as identification. Under Montana practice, the notary should:

Answer: Refuse it and request a current or otherwise acceptable ID, or identify the signer another lawful way

Identification must meet the statutory standard for satisfactory evidence, and an expired credential generally fails unless it falls within the narrow allowance in law; alternatives include personal knowledge or a credible witness.