25 questions from the Montana Notary Public Handbook. Pick an answer to see the rule behind it.
1. If a principal appears by means of communication technology, how many different types of technologies, processes, or services must the notarial officer use to establish satisfactory evidence of identity?
Answer: Two or more different types of technologies, processes, or services. The rule requires the use of at least two distinct approved methods to verify identity when using remote communication technology.
Montana Notary Public Handbook, page 22: “a notarial officer has satisfactory evidence of the identity of the individual if the notarial officer can identify the individual by two or more different types of technologies, processes, or services approved by the secretary of state”
2. What information must the secretary of state's electronic database of notaries public include regarding disciplinary history?
Answer: Any active or pending administrative or disciplinary action against the notary public. The database is required to reflect both active and pending administrative or disciplinary actions.
Montana Notary Public Handbook, page 33: “that describes any active or pending administrative or disciplinary action against the notary public.”
3. Under Montana law, when is a notary public permitted to certify a copy of an official record such as a birth certificate or court record?
Answer: When the notary is employed by the entity issuing or holding the original version of the record. The handbook states that certifying copies of official records is prohibited unless the notary is employed by the issuing entity.
Montana Notary Public Handbook, page 32: “certify a copy of an official record issued by a public entity, such as a birth, death, or marriage certificate, a court record, or a school transcript unless the notary is employed by the entity issuing or holding the original version of the record;”
4. When is a notary public permitted to charge an additional fee beyond the standard maximum?
Answer: When performing a notarial act using an electronic notarization system or traveling to perform the act. Additional fees are specifically allowed for electronic notarizations or travel, provided certain conditions are met.
Montana Notary Public Handbook, page 33: “Subject to subsections (2)(b) through (2)(d), a notary public may charge an additional fee, as provided by rule, to: (i) perform a notarial act using an electronic notarization system or communication technology; or (ii) travel to perform a notarial act.”
5. When a notarial act is performed using communication technology, how must the journal entry handle the principal's signature?
Answer: The journal record must reference the storage location of the audiovisual recording. The rule specifies that referencing the storage location of the recording replaces the requirement for the principal's signature in this context.
Montana Notary Public Handbook, page 29: “if the notarial act is performed using communication technology, the journal record must reference the storage location of the audiovisual recording in lieu of the signature of the principal”
6. Which of the following actions is listed as unlawful regarding a notary public's official materials?
Answer: Intentionally withholding the notary's official stamp, journal, or certificate of commission. The handbook lists intentionally withholding the official stamp, journal, or certificate of commission as an unlawful act.
Montana Notary Public Handbook, page 34: “It is unlawful to: (a) intentionally withhold from a notary public the notary public’s official stamp, journal, or certificate of commission of a notary public;”
7. What is the maximum period of incarceration a person may face for each offense under the unlawful acts section?
Answer: 1 year. The statute specifies that the incarceration period shall not exceed one year for each offense.
Montana Notary Public Handbook, page 34: “incarceration for a period not to exceed 1 year, or both, for each offense.”
8. If a record presented to a notary lacks a notarial certificate or has a completed certificate for another signer, what action must the notary take?
Answer: The notary must substitute a certificate by handwriting or affixing a separate one to the document. The handbook mandates that the notary substitute the missing or incorrect certificate by handwriting or affixing a separate one, rather than declining or using generic forms.
Montana Notary Public Handbook, page 8: “the notary must substitute a certificate by handwriting or affixing a separate one to the document.”
9. According to Montana law, how is the venue for a notarial act determined?
Answer: The venue is the state and county where the notary officer is physically located at the time of the act. The statute defines venue based on the physical location of the notary officer during the performance of the act.
Montana Notary Public Handbook, page 34: “The venue for a notarial act is the state and the county where the notarial officer is physically located at the time the notarial act is performed.”
10. According to Montana law, what is the required duration for retaining a notary journal after the last notarial act is performed?
Answer: 10 years. The statute mandates a retention period of 10 years following the last recorded act.
Montana Notary Public Handbook, page 30: “Except as provided in subsection (9)(b), a notary public shall retain a journal for 10 years after the performance of the last notarial act chronicled in the journal.”
11. Under Montana law, in which of the following situations is a notary public permitted to charge an additional fee beyond the standard notarial fee?
Answer: When the notary travels to perform the notarial act. The handbook specifically lists traveling to perform a notarial act as a valid reason for charging an additional fee.
Montana Notary Public Handbook, page 39: “A notary public may charge an additional fee in accordance with 1-5-626(2), MCA: (a) for traveling to perform a notarial act;”
12. Which of the following is a valid residency or employment condition for holding a Montana notary public commission?
Answer: Being regularly employed at an office located within Montana by an employer registered to do business in the state. The handbook lists being regularly employed within Montana by a registered employer as one of the acceptable residency/employment conditions.
Montana Notary Public Handbook, page 30: “be regularly employed at an office, business, or facility located within the state of Montana by an employer registered and licensed to do business in this state;”
13. Under what circumstance may a journal be examined and copied without restriction?
Answer: When subpoenaed by court order. The handbook lists being subpoenaed by court order as one of the specific scenarios where journal examination is unrestricted.
Montana Notary Public Handbook, page 29: “A journal may be examined and copied without restriction: (i) by a law enforcement officer in the course of an official investigation; (ii) if subpoenaed by court order; or (iii) at the direction of the secretary of state.”
14. Under what condition is a notary public permitted to withhold access to or retain possession of an original record provided by a person seeking a notarial act?
Answer: Except as otherwise allowed by law. The handbook lists withholding access as a prohibited act unless there is another law that specifically allows it.
Montana Notary Public Handbook, page 32: “except as otherwise allowed by law, withhold access to or retain possession of an original record provided by a person that seeks performance of a notarial act by the notary public”
15. Which of the following is included in the definition of a 'Principal' in this context?
Answer: An individual whose signature is notarized. The definition identifies the principal primarily as the person whose signature is being notarized or who is taking an oath.
Montana Notary Public Handbook, page 19: ““Principal” means: (a) an individual whose signature is notarized; or (b) an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act.”
16. Under what circumstance may the Secretary of State refuse to issue a certificate of authority for a record?
Answer: If the record is intended for use within the United States, its territories, or by a federally recognized tribe. The handbook states that certificates of authority are for records sent to foreign countries and may be refused if intended for domestic use.
Montana Notary Public Handbook, page 34: “The secretary of state may refuse to issue a certificate of authority if the secretary of state has reason to believe that the record may be used within the United States, including its territories, or by a federally recognized tribe, or for any unlawful, fraudulent, or improper purpose.”
17. Under what condition is a certificate of a notarial act considered sufficient if it is not in the short form?
Answer: If it is in a form otherwise permitted by the law of this state. The handbook lists specific acceptable forms, including those otherwise permitted by state law, as sufficient alternatives to the short form.
Montana Notary Public Handbook, page 24: “is in a form otherwise permitted by the law of this state;”
18. Under Montana law, what is the maximum fee a notary public may charge for performing an acknowledgment?
Answer: $10. The statute sets the maximum fee cap for individual notarial acts, such as acknowledgments, at $10.
Montana Notary Public Handbook, page 33: “A notary public may charge a fee not to exceed $10 for each notarial act: (a) performing an acknowledgment;”
19. What specific action constitutes 'signing' a record under the provided definitions?
Answer: Executing or adopting a tangible symbol, or attaching an electronic symbol, sound, or process with present intent to authenticate. The definition covers both tangible and electronic methods, emphasizing the intent to authenticate rather than just the physical act of writing.
Montana Notary Public Handbook, page 19: ““Sign” means, with present intent to authenticate or adopt a record: (a) to execute or adopt a tangible symbol; or (b) to attach to or logically associate with the record an electronic symbol, sound, or process.”
20. What is the required capability of a "Remote presentation" regarding the identification credential?
Answer: It must transmit an image of sufficient quality to enable the officer to identify the individual, visually review the credential and its data, and perform credential analysis. The definition specifies three distinct capabilities enabled by the image quality: identifying the individual, reviewing the credential data, and performing credential analysis.
Montana Notary Public Handbook, page 19: “"Remote presentation" means transmission to the notarial officer through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notarial officer to: (a) identify the individual seeking the notarial officer’s services; and (b) visually review the identity credential and its data; and (c) perform credential analysis.”
21. How does the secretary of state determine the fees collected for providing notary public education and examination?
Answer: The fees are commensurate with the cost incurred by the secretary of state’s office. The law mandates that fees must match the actual costs incurred by the office, rather than being arbitrary or fixed.
Montana Notary Public Handbook, page 31: “The secretary of state shall collect fees commensurate with the cost incurred by the secretary of state’s office for providing notary public education and examination.”
22. What requirement applies to a notary public who charges fees for performing notarial acts?
Answer: They shall display in English a list of the fees the notary public will charge. The law mandates that notaries displaying fees must show their fee schedule in English.
Montana Notary Public Handbook, page 33: “If a notary public charges fees under this section for performing notarial acts, the notary public shall display in English a list of the fees the notary public will charge.”
23. Under what condition is a notarial officer considered to have personal knowledge of an individual's identity?
Answer: If the individual is personally known to the officer through dealings sufficient to provide reasonable certainty. Personal knowledge is defined by prior dealings that provide reasonable certainty of identity, distinct from verifying documents.
Montana Notary Public Handbook, page 21: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.”
24. How must a notarial officer verify that a photograph is an accurate representation of the individual or item represented?
Answer: From personal knowledge or satisfactory evidence. The rule requires the notary to rely on personal knowledge or satisfactory evidence to confirm the accuracy of the photograph.
Montana Notary Public Handbook, page 21: “A notarial officer who certifies a photograph shall verify from personal knowledge or satisfactory evidence that the photograph is an accurate representation of the individual or item represented.”
25. Which of the following best describes the definition of 'Communication technology' for remote notarizations in Montana?
Answer: A real-time, two-way audiovisual electronic device or process. The law defines communication technology as requiring real-time, two-way audiovisual interaction between the notary and the signer.
Montana Notary Public Handbook, page 18: “"Communication technology" means a real-time, two-way audiovisual electronic device or process that: (a) allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;”