25 questions from the Montana Notary Public Handbook. Pick an answer to see the rule behind it.
1. Under Montana law, who is permitted to sign a record on behalf of a principal who is physically unable to sign?
Answer: An individual other than the notary who is unbiased, independent, and does not benefit from the transaction. The handbook specifies that the person signing must be an unbiased, independent third party who does not benefit from the transaction, distinct from the notary.
Montana Notary Public Handbook, page 15: “The individual assisting the principal must be an unbiased, independent third party who does not benefit from the transaction.”
2. Under Montana law, how is a signature defined when an individual uses a mark, stamp, or electronic device?
Answer: A tangible symbol or electronic signature that evidences the signing of a record. The handbook provides a specific legal definition for a signature in this context, which includes tangible symbols and electronic signatures.
Montana Notary Public Handbook, page 14: “Montana law defines a signature as a tangible symbol or electronic signature that evidences the signing of a record.”
3. When certifying that a person is alive, what specific limitation applies to the notary regarding the form presented?
Answer: The notary must not exceed their limited authority by completing a form issued by another country which may contain additional certifications. The handbook states that while a notary can certify a person is alive, they must not exceed their authority by completing foreign forms that include additional certifications.
Montana Notary Public Handbook, page 13: “However, the notary mustn't exceed their limited authority by completing a form issued by another country, which may contain additional certifications.”
4. Which of the following is considered satisfactory evidence for identifying a minor?
Answer: A tribal ID. The handbook lists tribal ID as one of the acceptable forms of satisfactory evidence for identifying a minor.
Montana Notary Public Handbook, page 14: “Satisfactory evidence includes a passport, state ID, tribal ID, student ID, or other government-issued ID.”
5. What is the consequence for a notary public who fails to maintain an assurance as provided in section 1-5-619?
Answer: The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on the commission. Failure to maintain the required assurance is listed as grounds for the secretary of state to deny, refuse to renew, revoke, suspend, or condition the commission.
Montana Notary Public Handbook, page 31: “failure of the notary public to maintain an assurance, as provided in 1-5-619.”
6. What is the required amount for the notary bond submitted with the application?
Answer: $25,000. Section 44.15.103 specifies that the bond amount must be $25,000, distinct from the $25 application fee.
Montana Notary Public Handbook, page 36: “The applicant shall submit with the application and fee, a bond on the form prescribed by the Secretary of State from an approved bonding company in the amount of $25,000 for the full four-year term of the notary commission.”
7. Within what timeframe must a bonding company notify the Secretary of State if a claim is made against a notary's bond?
Answer: 30 business days. The rule requires the bonding company to provide notification within 30 business days regarding claims or cancellations.
Montana Notary Public Handbook, page 36: “The bonding company shall notify the Secretary of State's office within 30 business days if a claim is made against the bond or if the bond is canceled or otherwise not honored.”
8. When a notary public is a partner, stockholder, director, officer, or employee of a partnership or corporation and is individually named in the record, what restriction applies to their notarization duties?
Answer: They may not notarize the signature of any individual on that record. The law prohibits a notary with these specific roles and naming conditions from notarizing signatures on the record they are involved in.
Montana Notary Public Handbook, page 32: “A notary public who is a partner, stockholder, director, officer, or employee of a partnership or corporation and is individually named in the record or who signs a record as a representative of that partnership or corporation may not notarize the signature of any individual on that record.”
9. Which of the following is a mandatory requirement for the physical appearance of a Montana notary's official stamp impression?
Answer: It must be rectangular in shape. The handbook specifies that the stamp impression must be rectangular in shape.
Montana Notary Public Handbook, page 6: “The impression must be rectangular in shape and approximately 1” by 2 ½” in size”
10. When a principal appears before a Montana notarial officer in person and is identified by a government-issued identification record that is expired, what is the maximum duration the identification may have been expired?
Answer: It may not be expired for more than 3 years before the performance of the notarial act. The handbook limits the validity of an expired government ID to no more than three years past its expiration date.
Montana Notary Public Handbook, page 22: “which is current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act”
11. Which of the following is NOT listed as an acceptable form of Documentary Proof for identifying a signer?
Answer: Social Security card. The handbook lists specific IDs including passports and driver's licenses, but does not list a Social Security card as acceptable documentary proof.
Montana Notary Public Handbook, page 7: “Documentary Proof - a passport, driver’s license, state ID, tribal ID, military ID, student ID, or other government-issued ID that includes a picture and/or signature and hasn’t surpassed three years of expiration.”
12. Which of the following is a specific ground listed for the secretary of state to deny, refuse to renew, revoke, suspend, or impose conditions on a notary public commission?
Answer: Failure to maintain an assurance as provided in section 1-5-619. Section 1-5-621(1)(i) lists the failure to maintain the required assurance as a valid ground for disciplinary action.
Montana Notary Public Handbook, page 31: “(i) failure of the notary public to maintain an assurance, as provided in 1-5-619.”
13. What is the legal effect of the signature and title of an individual acting under federal authority who performs a notarial act?
Answer: They are prima facie evidence that the signature is genuine and the person holds the designated title. The statute states that these signatures and titles serve as prima facie evidence of genuineness and title holding.
Montana Notary Public Handbook, page 23: “(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.”
14. What is the maximum fine a person may be subject to for committing an unlawful act regarding a notary's official records?
Answer: $2,500. The handbook specifies that the fine for offenses under this section cannot exceed $2,500.
Montana Notary Public Handbook, page 34: “A person convicted of an offense under this section is subject to a fine not to exceed $2,500, incarceration for a period not to exceed 1 year, or both, for each offense.”
15. Under §1-5-609 (5), MCA, which of the following is forbidden when correcting a notarial certificate?
Answer: Making handwritten corrections to the impression of the notary’s stamp. The handbook states that while other corrections are allowed if documented, handwritten corrections specifically applied to the impression of the notary's stamp are forbidden.
Montana Notary Public Handbook, page 14: “Handwritten corrections are forbidden to be made to the impression of the notary’s stamp.”
16. In the context of witnessing a signature, how must a previously signed document be handled by the signer in the presence of the notary?
Answer: The signer must reapply the signature as close to the original as possible. The rule for signature witnessing states that if a document was previously signed, the signer must reapply their signature near the original during the notarization.
Montana Notary Public Handbook, page 9: “Any previously signed document will require the signature to be reapplied as close to the original as possible.”
17. Who is authorized to make or authorize a change or correction to a previously completed notarial certificate?
Answer: Only the notary public who performed the notarization. The rule specifies that only the specific notary who performed the original act has the authority to correct the certificate.
Montana Notary Public Handbook, page 24: “Only the notary public who performed the notarization may make or authorize a change or correction to a previously completed certificate.”
18. What is the required procedure regarding the principal's status when a notary utilizes a Power of Attorney?
Answer: The notary must verify that the principal is still alive. The handbook states that because a Power of Attorney terminates upon the principal's death, the notary must verify the principal is alive.
Montana Notary Public Handbook, page 10: “Therefore, a notary must always verify that the principal is still alive.”
19. What statement must a notary public who is not an attorney use if the certificate size does not permit the standard inclusion?
Answer: I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities. The handbook provides the exact verbatim statement required for non-attorney notaries when space is limited.
Montana Notary Public Handbook, page 33: ““I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.””
20. What requirement must be met for a third party to correct a notarial certificate under §1-5-609 (5)(c), MCA?
Answer: The authorization must be granted in writing. The handbook specifies that written authorization is required for a third party to modify the certificate details.
Montana Notary Public Handbook, page 14: “§1-5-609 (5)(c), MCA, allows the notary or a third party to correct the certificate's details if the authorization is granted in writing and a copy of the authorization and modified certificate are kept in the notary’s journal.”
21. Under what specific circumstance does a notary public need to notify the secretary of state regarding the location of their journal?
Answer: Upon resignation of a commission or if the commission has been revoked or suspended. The handbook lists resignation, revocation, or suspension as the triggers for notifying the secretary of state about the journal's location.
Montana Notary Public Handbook, page 30: “A notary public shall notify the secretary of state of the journal’s location upon resignation of a commission or if the notary public’s commission has been revoked or suspended.”
22. What is the requirement for the printed name and title of the officer in the short-form certificate if not shown in the stamp?
Answer: It must be printed by the notary officer. The short-form template requires the printed name and title of the officer if this information is not already present in the official stamp.
Montana Notary Public Handbook, page 24: “Printed name and title of officer (if not shown in stamp)”
23. Who holds the final authority to accept or deny the identification provided by a signer during a remote notarization?
Answer: The notary. The handbook clarifies that despite the use of technology, the notary retains the final decision-making power regarding identification.
Montana Notary Public Handbook, page 17: “Like traditional notarizations, the notary has the final authority to accept or deny the identification provided.”
24. What information must a notary public record in their journal when a principal is physically unable to sign and directs another individual to sign?
Answer: The name and address of the individual who signs the record as well as the name and address of the principal unable to sign. The rule requires recording the names and addresses of both the person signing and the principal who directed the signing.
Montana Notary Public Handbook, page 32: “A notary public shall record in the notary’s journal the name and address of the individual who signs the record as well as the name and address of the principal unable to sign.”
25. Under Montana law, what is the specific continuing education requirement for a notary public renewing their commission within the previous 12 months?
Answer: At least 4 hours of approved continuing education. The statute mandates that a renewal applicant must complete at least 4 hours of approved continuing education within the preceding 12 months.
Montana Notary Public Handbook, page 31: “to renew a commission, an applicant must have completed: (i) within the previous 12 months, at least 4 hours of notary public continuing education approved by the secretary of state or by the commission of continuing legal education;”