MT Notary - Montana Notary Prohibited and Permissible Acts Questions and Answers

Question 1

A Montana notary public is presented with a durable power of attorney document to notarize.
The notary is named as the agent (attorney-in-fact) within the document.
Which of the following is the correct action for the notary to take?

Accepted Answer

Refuse to notarize the document because the notary is a named party and has a direct beneficial interest.

Answer

Proceed with the notarization as long as the notary is not receiving a fee beyond the standard notarial fee.

Answer

Notarize the document but make a special note in the journal explaining the notary's role as agent.

Answer

Ask the signer to strike the notary's name from the document before proceeding with the notarization.

Question 2

Which of the following acts is permissible for a Montana notary public to perform?

Accepted Answer

Charging a fee of $10 for taking an acknowledgment.

Answer

Certifying a copy of a Montana birth certificate.

Answer

Giving advice on how to fill out a legal document.

Answer

Affixing the notary's stamp and signature to a document without a notarial certificate.

Question 3

A signer appears before a Montana notary and asks to have their signature on a contract notarized. The signer explains that they will be out of the country next week when the contract is dated and asks the notary to date the notarization for next week. What is the notary's proper course of action?

Accepted Answer

Refuse to notarize and explain that the notarial certificate must be dated the day the notarization occurs.

Answer

Agree to post-date the notarization as a courtesy to the signer.

Answer

Date the notarization for the current date but make a journal entry about the signer's request.

Answer

Tell the signer to come back on the date they want the notarization to reflect.

Question 4

Under Montana law, a notary public is strictly prohibited from recording certain information in their official journal. Which of the following pieces of information is NOT allowed to be recorded?

Accepted Answer

The signer's driver's license number.

Answer

The type of notarial act performed.

Answer

The printed name and address of the signer.

Answer

A description of the document being notarized.

Question 5

A Montana notary who is not an attorney is advertising their services. Which of the following advertising practices would be considered a prohibited act?

Accepted Answer

Using the phrase "Legal Document Specialist" in their business title.

Answer

Listing the statutory fees for each type of notarial act.

Answer

Advertising in a language other than English with a disclaimer that they are not an attorney.

Answer

Including their commission expiration date on their business cards.

Question 6

A person physically unable to sign their name appears before a Montana notary for the notarization of a document. The person directs their daughter, who is also present, to sign on their behalf. What must the notary do?

Accepted Answer

Perform the notarization but modify the notarial certificate to reflect that the signature was made by another person at the principal's direction.

Answer

Refuse the notarization as the signer cannot physically sign.

Answer

Allow the daughter to sign and proceed with a standard acknowledgment.

Answer

Act as the signature proxy and sign on behalf of the physically unable person.

A Montana notary public is presented with a durable power of attorney document to notarize.The notary is named as the agent (attorney-in-fact) within the document.Which of the following is the correct action for the notary to take?

A Montana notary public is presented with a durable power of attorney document to notarize.
The notary is named as the agent (attorney-in-fact) within the document.
Which of the following is the correct action for the notary to take?