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Montana notary rules: identifying signers

What the Montana Notary Public Handbook says about identifying signers, as 13 exam-style questions with the answer and the exact rule.

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1. If a notary identifies a signer by personal knowledge during a remote notarization, what must the recording include regarding that relationship?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.”
2. When using a Credible Witness to identify a signer, which of the following conditions must the witness meet?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.”
3. When a minor cannot provide identification, what specific conditions must a credible witness meet to allow the notary to proceed with identification?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.”
4. Under Montana law, which authentication technologies are approved for verifying a signer who is not personally known to the notary?Dynamic knowledge-based authentication, public key certificates, identity proofing, credential analysis with remote presentation, biometrics, and blockchain. The handbook lists these specific technologies as the approved methods for identification when the signer is not personally known.
   Montana Notary Public Handbook, page 17: “The approved identification technologies are dynamic knowledge-based authentication, public key certificates, identity proofing, credential analysis with remote presentation, biometrics, and blockchain.”
5. When certifying that an individual is alive, what source of verification does the notarial officer use?Personal knowledge or satisfactory evidence. The handbook specifies that verification of life status must come from personal knowledge or satisfactory evidence, not external documents or technology logs.
   Montana Notary Public Handbook, page 21: “A notarial officer who certifies that an individual is alive shall verify from personal knowledge or satisfactory evidence that the individual appearing before the notarial officer is alive at the time of certification.”
6. What is the maximum period an expired government-issued identification credential may have been expired when used to identify a signer?It may not be expired for more than 3 years. The handbook states that expired government identification is acceptable if it has not been expired for more than 3 years.
   Montana Notary Public Handbook, page 21: “which may be current or expired, and if expired may not be expired for more than 3 years before the performance of the notarial act”
7. 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?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”
8. What is the required capability of a "Remote presentation" regarding the identification credential?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.”
9. How must a notarial officer verify that a photograph is an accurate representation of the individual or item represented?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.”
10. Which of the following is considered satisfactory evidence for identifying a minor?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.”
11. 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?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”
12. Which of the following is NOT listed as an acceptable form of Documentary Proof for identifying a signer?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.”
13. Who holds the final authority to accept or deny the identification provided by a signer during a remote notarization?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.”

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