MONTANA NOTARY TEST QUESTIONS & ANSWERS
What is rule #1 for Montana notaries public? - Answer -the person who is signing the
document must personally appear to the notary at the time of the notarization every
single time
What is a venue in a notarial certificate? - Answer -The state and county where the
notarization was performed
What type of notarial act is called for if the notarial certificate states, "this instrument
was subscribed and sworn before me"? - Answer -Performing a verification upon oath
or affirmation (Juart)
You are asked to notarize a document that does not have a pre-printed notarial
certificate on it- what can you do? - Answer -determine the type of notarial act that the
requestor would like, take all the required steps to perform that type of notarial act,
complete a full notarial certificate either by hand or by attaching an appropriate loose
certificate or fillable certificate
If a customer requests a notarization of a document that is supposed to be signed by
another person, a business, or a trust, what can the notary use to determine if the
person is qualified to act in a representative capacity for the name person or entity ? -
Answer -the document itself if the signed is named in the document as having that
capacity, an official or original record showing the signer has the capacity
What type of notarial act would you perform if the notarial certificate reads, "I certify that
the foregoing and annexed record entitled ____, dated__, and consisting of ___(pages
or size of file) is a true and correct copy of an electronic record printed directly from the
electronic file by me on ___"? - Answer -certification of fact
What should a notary do with his/her stamp at the end of the term or when the notary
resigns the commission? - Answer -destroy it
True/false. If a notary charges a fee for performing notarial acts, the notary must display
a list in English of the fees the notary will charge. - Answer -true
What are the things that a notary determines about a signer when performing an
acknowledgment, a verification on oath or affirmation (jurat), or witnessing a signature?
- Answer -the signer's willingness to sign the document- to make sure the document is
not being signed under duress or coercion, the signer's competency- to verify that the
signer understands what is being signed, the signer's identity- that the person appearing
to the notary is the person who is supposed to sign the document
, True/ false. A notarization performed by a Montana notary public using communication
technology is governed by the laws of the state where the signer is located at the time
the notarization is performed. - Answer -false
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 attorney-in-fact?
- Answer -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 the other documents to the county treasures office
where they may be able to assist him
True/ false. When taking an acknowledgement, the notary does not have to actually see
the individual sign the document - Answer -true
The secretary of state may revoke a Montana notary's commission if: - Answer -The
notary uses false or misleading advertising representing that the notary has a duty,
right, or privilege that the notary does not have; The notary is not truthful on the notary
application about the notary's qualifications for being appointed as a notary public; The
notary notarizes a document without the signer personally appearing before the notary;
the notary repeatedly fails to follow the laws and rules applicable to the office; the notary
performs the notarization using communication technology but has not been approved
to do so
True/false. When applying for a new or renewal notary commission, a person can
submit the application either online or by mail - Answer -false
What are the six steps to performing a notarization involving a signature? - Answer -
review the document for completeness and to determine the type of notarial act to
perform; complete the notary journal entry; require personal appearance; determine
capacity and willingness; complete a full notarial certificate; identify the signer
What should a notary do every time after completing a notarial certficate? - Answer -
carefully proofread the certificate to assure there are no errors or omissions
What form must be completed by the notary if the notary makes a mistake on a motor
vehicle title? - Answer -statement of fact (MV100)
What are the steps that a notary must take to pally for a new commission or renew a
current commission? - Answer -pass the Montana notary exam; use the secretary of
state's online filing system to submit your application; determine if the notary meets the
eligibility requirements to hold a Montana notary commission; complete the required
approved training; obtain a notary surety bond
What is rule #1 for Montana notaries public? - Answer -the person who is signing the
document must personally appear to the notary at the time of the notarization every
single time
What is a venue in a notarial certificate? - Answer -The state and county where the
notarization was performed
What type of notarial act is called for if the notarial certificate states, "this instrument
was subscribed and sworn before me"? - Answer -Performing a verification upon oath
or affirmation (Juart)
You are asked to notarize a document that does not have a pre-printed notarial
certificate on it- what can you do? - Answer -determine the type of notarial act that the
requestor would like, take all the required steps to perform that type of notarial act,
complete a full notarial certificate either by hand or by attaching an appropriate loose
certificate or fillable certificate
If a customer requests a notarization of a document that is supposed to be signed by
another person, a business, or a trust, what can the notary use to determine if the
person is qualified to act in a representative capacity for the name person or entity ? -
Answer -the document itself if the signed is named in the document as having that
capacity, an official or original record showing the signer has the capacity
What type of notarial act would you perform if the notarial certificate reads, "I certify that
the foregoing and annexed record entitled ____, dated__, and consisting of ___(pages
or size of file) is a true and correct copy of an electronic record printed directly from the
electronic file by me on ___"? - Answer -certification of fact
What should a notary do with his/her stamp at the end of the term or when the notary
resigns the commission? - Answer -destroy it
True/false. If a notary charges a fee for performing notarial acts, the notary must display
a list in English of the fees the notary will charge. - Answer -true
What are the things that a notary determines about a signer when performing an
acknowledgment, a verification on oath or affirmation (jurat), or witnessing a signature?
- Answer -the signer's willingness to sign the document- to make sure the document is
not being signed under duress or coercion, the signer's competency- to verify that the
signer understands what is being signed, the signer's identity- that the person appearing
to the notary is the person who is supposed to sign the document
, True/ false. A notarization performed by a Montana notary public using communication
technology is governed by the laws of the state where the signer is located at the time
the notarization is performed. - Answer -false
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 attorney-in-fact?
- Answer -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 the other documents to the county treasures office
where they may be able to assist him
True/ false. When taking an acknowledgement, the notary does not have to actually see
the individual sign the document - Answer -true
The secretary of state may revoke a Montana notary's commission if: - Answer -The
notary uses false or misleading advertising representing that the notary has a duty,
right, or privilege that the notary does not have; The notary is not truthful on the notary
application about the notary's qualifications for being appointed as a notary public; The
notary notarizes a document without the signer personally appearing before the notary;
the notary repeatedly fails to follow the laws and rules applicable to the office; the notary
performs the notarization using communication technology but has not been approved
to do so
True/false. When applying for a new or renewal notary commission, a person can
submit the application either online or by mail - Answer -false
What are the six steps to performing a notarization involving a signature? - Answer -
review the document for completeness and to determine the type of notarial act to
perform; complete the notary journal entry; require personal appearance; determine
capacity and willingness; complete a full notarial certificate; identify the signer
What should a notary do every time after completing a notarial certficate? - Answer -
carefully proofread the certificate to assure there are no errors or omissions
What form must be completed by the notary if the notary makes a mistake on a motor
vehicle title? - Answer -statement of fact (MV100)
What are the steps that a notary must take to pally for a new commission or renew a
current commission? - Answer -pass the Montana notary exam; use the secretary of
state's online filing system to submit your application; determine if the notary meets the
eligibility requirements to hold a Montana notary commission; complete the required
approved training; obtain a notary surety bond
