25 questions from the Montana Notary Public Handbook. Pick an answer to see the rule behind it.
1. What specific authorization must be included in the form when a notary transmits their journal to a custodian?
Answer: Authorization for the custodian to release the records in accordance with 1-5618(6), MCA. The form must include the notary's authorization for the custodian to release records specifically in accordance with statute 1-5618(6), MCA.
Montana Notary Public Handbook, page 39: “(iii) the notary's authorization for the designated custodian to release the records in accordance with 1-5618(6), MCA, and the custodian's agreement to accept the responsibility and conditions.”
2. What is the minimum age requirement for an individual to hold a commission as a notary public in Montana?
Answer: 18 years old. The law clearly states that an applicant must be at least 18 years old to qualify.
Montana Notary Public Handbook, page 30: “To hold a commission as a notary public, an individual must: (a) be at least 18 years old;”
3. How must an individual appear before a notarial officer if the notarial act relates to a statement made in or a signature executed on a record?
Answer: Physically before the notarial officer or by communication technology as authorized. The handbook allows for either physical appearance or authorized communication technology, rejecting other indirect methods like email confirmation or agents.
Montana Notary Public Handbook, page 20: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear physically before the notarial officer or by communication technology as authorized in 1-5-615 and rules adopted pursuant to 1-5-628.”
4. If a notary identifies a signer by personal knowledge during a remote notarization, what must the recording include regarding that relationship?
Answer: An explanation of how the notary knows the individual and the length of time known. The rule specifies that the recording must detail the basis of the personal knowledge relationship and its duration.
Montana Notary Public Handbook, page 38: “the recording of the remote notarization shall include an explanation by the notary public as to how the notary public has come to know the individual for whom the notarial act is being performed and the length of time the notary public has known the individual.”
5. Who is authorized to solemnize a marriage in Montana, subject to rules adopted by the Secretary of State?
Answer: A notary public. The handbook states directly that a notary public may solemnize a marriage.
Montana Notary Public Handbook, page 34: “As provided in 40-1-301 and subject to rules adopted by the secretary of state, a notary public may solemnize a marriage.”
6. What specific shape and approximate dimensions must the official stamp of a Montana notary public have?
Answer: Rectangular and approximately 1" by 2½" in size. The handbook specifies that the stamp must be rectangular with dimensions of approximately 1 inch by 2.5 inches.
Montana Notary Public Handbook, page 37: “The official stamp of a notary public, whether the impression is on a tangible or electronic record, shall: (a) be rectangular in shape and approximately 1" by 2½" in size;”
7. Under Montana law, which condition must be met for a notarial officer to perform a remote notarization for a principal located outside the United States?
Answer: The record must pertain to a matter filed with a public official in the United States, property in the United States, or a transaction substantially connected with the United States. The handbook specifies that for principals outside the U.S., the record must relate to matters, property, or transactions connected to the United States.
Montana Notary Public Handbook, page 21: “the record is part of or pertains to: (I) a matter that is to be filed with or is before a public official or court, governmental entity, or other entity located in the territorial jurisdiction of the United States; (II) property located in the territorial jurisdiction of the United States; or (III) a transaction substantially connected with the United States.”
8. What is the required retention period for recordings of in-person electronic notarizations performed via communication technology?
Answer: 10 years. The handbook states under the Responsibilities section that the notary must retain possession of recordings for 10 years.
Montana Notary Public Handbook, page 16: “Must retain possession of recordings for 10 years Ref. §1-5-618, MCA and ARM 44.15.108 (4-9)”
9. How is the notarial official stamp treated legally when applied to a record, whether physically or electronically?
Answer: It is considered a seal for the purposes of admitting a record in court. The handbook states that the stamp functions as a seal for court admission purposes regardless of its format.
Montana Notary Public Handbook, page 20: “The notarial official stamp, whether applied to the record physically or electronically, is considered to be a seal for the purposes of admitting a record in court.”
10. When using a Credible Witness to identify a signer, which of the following conditions must the witness meet?
Answer: The witness must have no interest in or benefit from the transaction. The handbook specifies that a credible witness must not have any interest in or benefit from the transaction being notarized.
Montana Notary Public Handbook, page 7: “The credible witness must have no interest in or benefit from the transaction.”
11. When certifying a copy of a record, what must the notarial officer determine?
Answer: That the copy is a full, true, and accurate transcription or reproduction of the original or official record or the item. The rule focuses on the accuracy and completeness of the copy relative to the original, not on the method of printing or the age of the document.
Montana Notary Public Handbook, page 20: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the original or official record or the item.”
12. Who is responsible for purchasing the notary stamp after the commission is approved?
Answer: The notary. The handbook clearly assigns the responsibility of purchasing the stamp to the individual notary, not the state agency.
Montana Notary Public Handbook, page 6: “The Secretary of State is not responsible for providing a notary’s stamp. The notary is responsible for purchasing a stamp upon approval of their commission.”
13. If a notarial officer is a clerk of court, how must the certificate of the notarial act be signed?
Answer: In the same manner as on file with the secretary of state. The law requires that specific officers, including clerks of court, sign certificates in the same manner as their signature on file with the secretary of state.
Montana Notary Public Handbook, page 23: “If the notarial officer is a notary public, a clerk of court, a deputy clerk of court, a clerk and recorder, a deputy clerk and recorder, the state registrar, or the authorized agent of the state registrar, the certificate must be signed in the same manner as on file with the secretary of state.”
14. What is the required amount for the surety bond or its functional equivalent that a notary public must obtain?
Answer: $25,000. The statute specifies that the assurance must be in the amount of $25,000.
Montana Notary Public Handbook, page 30: “obtain an assurance in the form of a surety bond or its functional equivalent in the amount of $25,000.”
15. According to the regulations for applying for a notary commission in Montana, what minimum score is considered passing on the approved notary public examination?
Answer: 80%. The handbook states that a grade of 80% is the threshold for passing the examination.
Montana Notary Public Handbook, page 36: “A grade of 80% is considered passing.”
16. When a minor cannot provide identification, what specific conditions must a credible witness meet to allow the notary to proceed with identification?
Answer: The witness must personally know the signer, be authorized by the signer, present a valid ID, and not be a party to or beneficiary of the transaction. The handbook lists the requirements for a credible witness, including personal knowledge, authorization, valid ID, and independence from the transaction parties.
Montana Notary Public Handbook, page 14: “The credible witness must personally know the signer, be authorized by the signer to act on their behalf, and present a valid ID. The credible witness may not be a party to or beneficiary of the transaction.”
17. Which of the following entities is included in the definition of a "Person" for notarial purposes?
Answer: Individuals, corporations, business trusts, statutory trusts, estates, trusts, partnerships, limited liability companies, associations, joint ventures, public corporations, government or governmental subdivisions, agencies, or instrumentalities, or any other legal or commercial entity. The handbook provides a comprehensive list of entities included in the definition of "Person," which matches option B exactly, while other options impose unnecessary restrictions not found in the handbook.
Montana Notary Public Handbook, page 19: “"Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.”
18. Which of the following is a prohibited act for a notary public who is not an attorney licensed in Montana?
Answer: Using the term 'notario' or 'notario publico' in advertising. The handbook lists using specific terms like 'notario' as a prohibited act for non-attorney notaries.
Montana Notary Public Handbook, page 32: “(h) unless the notary public is an attorney licensed to practice law in this state, use the term “notario” or “notario publico”.”
19. Which of the following pieces of information is prohibited from being recorded in a notary public's journal?
Answer: The principal's social security number. The handbook lists social security numbers among the specific items that must not be recorded in the journal.
Montana Notary Public Handbook, page 29: “A notary public may not record in the journal a social security number, passport number, driver’s license number, birth date, or any other information prohibited by the secretary of state.”
20. What action is permitted regarding an impression or electronic image of an official stamp if it is missing, illegible, or incorrect?
Answer: The notary may affix a subsequent impression or attach/logically associate an electronic image. The handbook allows the notary to add a subsequent impression or associate an electronic image rather than altering the original stamp impression.
Montana Notary Public Handbook, page 24: “A notary public may not change or correct an impression or electronic image of an official stamp but may affix a subsequent impression on a tangible record or attach or logically associate with an electronic record an electronic image of a missing, illegible, or incorrect official stamp.”
21. Under what condition may a notarial officer refuse to perform a notarial act for an individual signing in a representative capacity?
Answer: If the officer is not satisfied that the official record or the presented record evidences the individual’s capacity to act as the principal’s representative. The handbook states that refusal is permitted when the officer is unsatisfied with the evidence of the individual's capacity to act as a representative.
Montana Notary Public Handbook, page 20: “The notarial officer may refuse to perform the notarial act if the notarial officer is not satisfied that the official record or the presented record evidences the individual’s capacity to act as the principal’s representative on the record presented for notarization.”
22. When witnessing a signature, which keywords are associated with the completion of the notarial certificate?
Answer: Signed, Subscribed, Executed. The handbook lists these three specific keywords as associated with witnessing or attesting a signature.
Montana Notary Public Handbook, page 9: “Keywords: “signed,” “subscribed,” or “executed.””
23. Under Montana law, which of the following is an acceptable method for correcting a notarial certificate?
Answer: Entering missing data on the original certificate, provided changes are dated, initialed, and noted in the journal. The handbook permits entering missing data on the original certificate if the changes are properly documented in the journal, while prohibiting handwritten corrections to the stamp impression.
Montana Notary Public Handbook, page 14: “The notary may enter the missing or incorrect data on the original certificate, however, all changes must be dated, initialed, and noted in the journal.”
24. How long must an applicant wait before retaking the exam if they fail to achieve a passing score after three attempts?
Answer: Three months. The rule mandates a three-month waiting period after three failed attempts before the applicant can retake the exam.
Montana Notary Public Handbook, page 36: “If the applicant fails to achieve a passing score after three attempts, the applicant must wait three months before attempting to take the exam again.”
25. What action may the secretary of state require of a notary public who has violated a provision of the notary law or implementing rules?
Answer: Complete a notary public education class approved by the secretary. The statute grants the secretary of state the authority to mandate completion of an approved education class following a violation.
Montana Notary Public Handbook, page 31: “The secretary of state may require a notary public who has violated a provision of this part or a rule of the secretary of state implementing a provision of this part to complete a notary public education class approved by the secretary.”