Montana Notary Final Exam Answers Updated Version

What is rule #1 for Montana notaries public? A. If the document doesn't have a full notarial certificate, including the venue, the statement of particulars, and the notary's official signature and stamp it hasn't been notarized. B. The person who is signing the document must personally appear to the notary at the time of the notarization every single time. C. If you don't know what you're doing - don't do it! - B. The person who is signing the document must personally appear to the notary at the time of the notarization every single time. T or F: When completing a notarial certificate, a Montana notary does not need to enter the venue because that information is shown in the notary's stamp. - False You are in the middle of a closing and the signer mentions that he was unaware that the terms of the loan included a provision that he would be obligated to make monthly payments to repay the mortgage, but he signs the loan papers anyway. Should you continue with the notarization? A. Yes, the signer signed the document in your presence. B. No, the signer must be "knowingly and willingly signing the document for the purposes intended" in order for you to notarize his signature. - B. No, the signer must be "knowingly and willingly signing the document for the purposes intended" in order for you to notarize his signature. T or F: A Montana Notary public may charge a fee not to exceed $10 for each notarial act. - True What type of notarial act is called for if the notarial certificate states, "This instrument was subscribed and sworn before me...?" A. Witnessing a signature B. Taking an acknowledgement C. Performing a verification upon oath or affirmation (jurat) D. Administering an oath - C. Performing a verification upon oath or affirmation (jurat) Unless a notary transmits his or her journal(s) to the Secretary of State's office or an approved repository, the notary must retain his or her journal(s) for _____ years after the last notarial act chronicled in the journal. A. Ten B. Fifteen C. Three D. Five - A. Ten T or F: The official stamp of a Montana notary must be a rectangular impression in blue or black ink only. - True What are the two different ways to identify an individual for notarial purposes in Montana? A. Personal knowledge, subscribing witness B. Personal knowledge, satisfactory evidence C. Subscribing witness, satisfactory evidence D. Personal knowledge, oath - B. Personal knowledge, satisfactory evidence T or F: When taking an acknowledgement, the notary does not have to actually see the individual sign the document. - True A Montana notary may perform in-person acknowledgements, jurats and witness signatures on tangible records... A. ...only in the county where the notary lives or works B. ...anywhere, if the signer is from Montana and the document was issued in Montana C. ...in Montana, North Dakota and Wyoming D. ...in Montana, Idaho and Wyoming E. ...only in the state of Montana - C. ...in Montana, North Dakota and Wyoming Which of the following is not a notarial act under Montana law? A. Witnessing a signature B. Taking an acknowledgement C. Confirming a credible witness D. Certifying a copy E. Administering an oath - C. Confirming a credible witness A Montana notary's term of commission is ____ years. A. Two B. Four C. Five D. Six - B. Four A complete notarial certificate must include which of the following: A. The state and county where the notarial act took place (i.e. the venue) B. The date the notarial act was performed, the type of notarial act performed, and the name of person(s) for whom the notarization was performed (i.e., the "Statement of Particulars) C. The notary's official signature and seal/stamp D. All of the above - D. All of the above What is the main difference between a notary bond and errors and omissions insurance A. A bond protects the public from damages resulting from malpractice on the part of the notary; E & O insurance protects the notary from claims of negligence or malpractice B. A bond covers unlimited damages regardless of the amount of the bond; insurance can only cover actual monetary damages C. Insurance costs more; a bond is fairly inexpensive D. There is no difference between a bond and insurance - A. A bond protects the public from damages resulting from malpractice on the part of the notary; E & O insurance protects the notary from claims of negligence or malpractice What is the difference between a notary's jurisdiction and the venue for a notarial act? A. The jurisdiction is the state and county where the notarization was performed, and the venue is the state and county where the notary lives B. The jurisdiction is the state where the notary was commissioned, and the venue is the county where the notary lives. C. The jurisdiction is the geographic territory where the notary is authorized to perform notarial acts, and the venue is the state and county where the specific notarial act was performed. D. The jurisdiction is the county where the notary lives, and the venue is the city where the notary works. - C. The jurisdiction is the geographic territory where the notary is authorized to perform notarial acts, and the venue is the state and county where the specific notarial act was performed. If the notarial certificate reads "This record was signed and sworn before me on October 1, 2022 by John Smith," to properly perform the notarial act, the notary must: A. Administer an oath and watch Mr. Smith sign the record B. Watch Mr. Smith sign the record and have a credible witness administer an oath C. Administer an oath and have a credible witness watch Mr. Smith sign the record D. Watch Mr. Smith sign the record and verify the signature - A. Administer an oath and watch Mr. Smith sign the record Which of the following is not the notary's responsibility when reviewing a document prior to agreeing to perform a notarization? A. To determine what type of notarial act is required. B. To make sure the person appearing to the notary is the person who is named in the document or has the capacity to sign the document. C. To make sure the document is complete and the signer understands what the document is. D. To assure that the document is legal in Montana. - D. To assure that the document is legal in Montana. Which of the following is not one of the six steps to notarizing a signature? A. Read the document to determine if it is legal. B. Complete the notarial certificate. C. Determine the signer's competency and willingness. D. Identify the signer by means of personal knowledge or satisfactory evidence. E. Require personal appearance be the signer. F. Create the journal record. - A. Read the document to determine if it is legal. The Secretary of State may revoke a Montana notary's commission if... A. The notary uses false or misleading advertising representing that the notary has a duty, right or privilege that the notary does not have. B. The notary is not truthful on the notary application about the notary's qualifications for being appointed as a notary public. C. The notary notarizes a document without the signer personally appearing before the notary. D. The notary reputedly fails to follow the laws and rules applicable to the office. E. The notary performs the notarization using communications technology but has not been approved to do so. F. All of the above. - F. All of the above. How would you handle the following situation: A customer comes to you with a Montana motor vehicle title that lists two people as owners - he and his wife. The customer explains that his wife is now deceased, but he has a certified copy of her death certificate and the original Power of Attorney document showing him as the Attorney-in-Fact. (Choose the answer that best accommodates the customer's request.) A. I would properly identify the person who is personally appearing to me, verify that the name on the death certificate and the name of the principal on the POA matches the name of the other person on the title, ascertain that the customer is acting freely and not under duress or coercion, and witness his signature in an individual capacity for himself and in a representative capacity on the title for his deceased wife. B. I would explain that I cannot perform a notarization for a person who is not alive and ref - D. I would explain that I cannot use either a death certificate or a Power of Attorney as proof that he is able to sign the title on behalf of his deceased wife and would ask if he has probate papers from the court. If he does, I would use those to determine his representative capacity and perform the notarization. If he does not, I would suggest he take the title and other documents to the county treasurer's office where they may be able to assist him. What are the steps that a notary must take to apply for a new commission or renew a current commission? (Choose the five that apply) A. Complete the required approved training B. Purchase a journal and a stamp C. Obtain a notary surety bond D. Pass the Montana notary exam E. Determine if the notary meets the eligibility requirements to hold a Montana notary commission F. Use the Secretary of State's online filing system to submit your application G. Read the Montana Notary Public Handbook - A, C, D, E, F