Notary exams › Montana › The notary journal

Montana notary rules: the notary journal

What the Montana Notary Public Handbook says about the notary journal, as 19 exam-style questions with the answer and the exact rule.

Notary course, bond or insurance provider? Feature it at the top of this page — $49 for 30 days →

1. What specific authorization must be included in the form when a notary transmits their journal to a custodian?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. Which of the following pieces of information is prohibited from being recorded in a notary public's journal?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.”
3. Under Montana law, which of the following is an acceptable method for correcting a notarial certificate?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.”
4. What condition must be met regarding the physical format of a tangible notary journal?It must be a permanent, bound register designed to deter fraud. The rule specifies that tangible journals must be permanent and bound to prevent fraud, distinguishing them from loose-leaf or spiral-bound options.
   Montana Notary Public Handbook, page 29: “The format of a journal maintained on a tangible medium must be a permanent, bound register designed to deter fraud.”
5. Under what condition may an employer retain a copy of a former employee's notary journal?If the journal contains records of notarial acts performed within the scope of the employment. The handbook allows employers to keep copies only when the records pertain to work done within the scope of employment.
   Montana Notary Public Handbook, page 29: “An employer may retain a copy of the journal of an employee who is a notary after the notary’s employment ceases if the journal contains records of notarial acts performed within the scope of the notary’s employment.”
6. According to the Montana Notary Public Handbook, which of the following elements is required to be included in every notary journal entry?The date and time of the notarization. The handbook lists the date and time as a mandatory element for journal entries, while prohibiting other personal identifiers like birthdates or SSNs.
   Montana Notary Public Handbook, page 8: “The date and time of the notarization The type of notarial act performed The description of each document type The ID type used and the issue, and the expiration date The name, signature, and address should be written by the signer The fee, if applicable”
7. If a notary public authorizes a third party to change or correct information on a previously completed certificate, what documentation requirement must be met?The authorization must be granted in writing, with copies attached to the journal record. The handbook mandates that written authorization and copies of the message and changed certificate be attached to the journal record when a third party makes corrections.
   Montana Notary Public Handbook, page 24: “If a notary public authorizes a third party to change or correct the information included or omitted on a previously completed certificate, the authorization must be granted in writing and a copy of the message authorizing the change and a copy of the changed certificate must be attached to the notary public’s journal record for that transaction.”
8. What is the required sequence of steps for completing a notarial act involving a representative capacity signer?Complete the journal entry, then complete the notarial certificate. The handbook lists the final steps in this order: completing the journal entry first, followed by completing the notarial certificate.
   Montana Notary Public Handbook, page 10: “Complete the journal entry, followed by the completion of the notarial certificate”
9. When is a notary public required to retain their journal(s) at all times?While holding an active commission, unless specific transfer requirements are met. The regulation states that retention is mandatory during the active commission period unless the notary properly transfers control according to the specified procedures.
   Montana Notary Public Handbook, page 39: “A notary public must retain the notary's journal(s) at all times while holding an active commission unless the notary has satisfied the requirements set forth by (a).”
10. When completing a journal entry, which type of information is prohibited from being included to protect the signer's identity?The signer's birthdate. The handbook specifically lists birthdates among the private information that must not be journalized, whereas addresses, signatures, and ID types are required elements.
    Montana Notary Public Handbook, page 8: “It is prohibited to journalize private information such as birthdates, social security numbers, card numbers, or ID numbers that could compromise another person's identity.”
11. When using a credible witness for identification, how many journal entries are required to document the process?Two entries. The instructions for using a credible witness state that the process is documented as two journal entries.
    Montana Notary Public Handbook, page 7: “This will be documented as two journal entries”
12. Which of the following is a valid reason for a notary to charge an additional fee according to the handbook?To recover the cost of providing a journal entry or audiovisual recording. The handbook allows additional fees to recover costs associated with providing journal entries or audiovisual recordings.
    Montana Notary Public Handbook, page 39: “(c) to recover the cost of providing a journal entry or audiovisual recording.”
13. When a notarial act is performed using communication technology, how must the journal entry handle the principal's signature?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”
14. Which of the following actions is listed as unlawful regarding a notary public's official materials?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;”
15. According to Montana law, what is the required duration for retaining a notary journal after the last notarial act is performed?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.”
16. Under what circumstance may a journal be examined and copied without restriction?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.”
17. What requirement must be met for a third party to correct a notarial certificate under §1-5-609 (5)(c), MCA?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.”
18. Under what specific circumstance does a notary public need to notify the secretary of state regarding the location of their journal?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.”
19. What information must a notary public record in their journal when a principal is physically unable to sign and directs another individual to sign?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.”

Take a Montana practice test →