Remote and Electronic Notarization Flashcards

A Montana notary wants to use a new RON platform that records sessions but does not offer credential analysis. Should the notary use it?

Answer: No, because the platform must support the identity verification methods required by Montana law

A remote notarization platform must satisfy all statutory requirements, including the multi-factor identity verification methods such as credential analysis and identity proofing.

During a remote session, the signer asks the Montana notary whether a power of attorney form will accomplish their goals. The notary should:

Answer: Decline to give legal advice and suggest the signer consult an attorney

Non-attorney notaries may not give legal advice in any setting, including remote sessions, and should refer such questions to a licensed attorney.

Which element does Montana require the notary to confirm at the START of a remote online notarization recording?

Answer: The identity of the participants and the type of notarial act being performed

The recorded session should document who is participating, their identities, and the nature of the records and notarial act performed.

A signer completes knowledge-based authentication but fails two of the required questions, falling below the passing threshold. What should the Montana notary's platform do?

Answer: Deny verification, though the signer may typically retake the quiz within allowed limits

KBA has a required passing score, and failing means identity is not verified, though retakes are generally allowed within set limits and timeframes.

How does a Montana notary complete the notarial certificate for a remote act when the underlying document is a tangible (paper) record signed remotely under applicable procedures?

Answer: Follow the specific statutory procedure for remotely notarizing tangible records, including required declarations and transmission steps

Where permitted, remote notarization involving tangible records follows specific statutory steps, such as the signer sending the signed original to the notary with required declarations, before the certificate is completed.

What should a Montana remote notary do if they detect that the person on camera appears to be reading answers fed to them by someone off-screen during identity proofing?

Answer: Stop the session and refuse to perform the notarization due to suspected fraud

Evidence of coaching or impersonation undermines identity verification and willingness, requiring the notary to refuse the act.

Which fee-related practice is correct for a Montana notary performing remote online notarizations?

Answer: The notary may charge up to the maximum fees allowed by Montana rule and should disclose fees before the service

Montana caps notarial fees by rule, allows an additional authorized amount for remote technology services, and expects fees to be disclosed to the customer in advance.