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1. What is a Notary Public?
A. A private official who verifies legal transactions for a fee
B. A lawyer licensed to practice in all 50 states
C. A public officer commissioned by the Montana Secretary of State to perform official
notarial acts
D. A clerk authorized only to file legal documents
2. What is a Notary’s chief responsibility?
A. To interpret legal documents for the signer
B. To prepare contracts and agreements
C. To impartially officiate document transactions and certify the facts in a notarial
certificate
D. To represent clients in legal matters
3. What is the term of office for a Montana Notary Public?
A. 2 years
B. 4 years
C. 6 years
D. 8 years
4. What is the jurisdiction of a Montana Notary Public?
A. Only within the city where the Notary resides
B. Only within the county of commission
, C. Statewide in Montana, and in North Dakota and Wyoming (if permitted)
D. Nationwide in all 50 states
5. Why are documents notarized?
A. To make the document legally binding
B. To provide assurance that the signer’s identity, willingness, and awareness were
verified
C. To file the document with the Secretary of State
D. To transfer property rights automatically
6. Which of the following is NOT a reason for notarization?
A. To ensure the signer acted willingly and knowingly
B. To certify the authenticity of a signature
C. To guarantee the truth of the document’s content
D. To provide proof of identity and presence
7. How many methods of notarizing documents does Montana authorize?
A. Two
B. Three
C. Four
D. Five
Traditional Notarization - ANSWER A physically present principal has a paper (tangible)
document requiring a notarial act. The principal's and Notary's signatures will be made in ink
and the Notary's official stamp will be made with an ink-stamp device. The Notary will identify
the principal by personal knowledge or satisfactory evidence (documentary proof;
oath/affirmation of a credible witness who is personally known or identified by documentary
proof; or ONE or more identification technologies approved by the Secretary of State for use
with remote online and remote notarizations).
In-Person Electronic Notarization (IPEN) - ANSWER Before initial performance of this
method of notarization, the Notary must notify the Secretary of State of intent to use the
,method and identify the technology to be used. Electronic notarization, remote online
notarization and remote notarization technologies must meet any standards set by
administrative rule of the Secretary of State.
A physically present principal has an electronic document requiring a notarial act. The
principal's and Notary's signatures will be made electronically, and the Notary's official stamp is
in an electronic format. The Notary will identify the principal by personal knowledge or
satisfactory evidence (documentary proof; oath/affirmation of a credible witness who is
personally known or identified by documentary proof; or ONE or more identification
technologies approved by the Secretary of State for use with remote online and remote
notarizations).
The Montana's Notary Public Handbook uses the term "digital" to refer to electronic signatures,
electronic documents and an electronic notary seal.
Remote Online Notarization (RON) - ANSWER Before initial performance of this method of
notarization, the Notary must notify the Secretary of State of intent to use the method and
identify the technology to be used. Electronic notarization, remote online notarization and
remote notarization technologies must meet any standards set by administrative rule of the
Secretary of State.
Effective October 1, 2019. A remotely located principal appears before the Notary by use of
communication technology. The Notary is physically located in Montana; the principal may be
anywhere. The principal has an electronic document requiring a notarial act. The principal's and
Notary's signatures will be made electronically, and the Notary's official stamp is in an electronic
format. The Notary will identify the principal by personal knowledge or a credible witness who
is physically or remotely present before the Notary; AND by two or more identification
technologies approved by the Secretary of State for use with remote online and remote
notarizations.
Remote Notarization - ANSWER Before initial performance of this method of notarization,
the Notary must notify the Secretary of State of intent to use the method and identify the
technology to be used. Electronic notarization, remote online notarization and remote
, notarization technologies must meet any standards set by administrative rule of the Secretary of
State.
A remotely located principal personally appears before the Notary by use of communication
technology (live, two-way audio-visual transmission). The Notary is physically located in
Montana; the principal may be anywhere. The principal's tangible (paper) document requires a
notarial act. The document has already been signed (acknowledgment notarial act only) and
sent to the Notary. The principal's and Notary's signatures will be made in ink and the Notary's
official stamp will be made with an ink-stamp device. The Notary will identify the principal by
personal knowledge or by a credible witness who physically or remotely present before the
Notary; AND by two or more identification technologies approved by the Secretary of State for
use with remote online and remote notarizations.
Personal Liability - ANSWER A Notary Public has unlimited liability and is accountable for
every notarization performed. A Notary can be sued for any acts of misconduct or negligence
that directly result in financial harm to the principal.
Not knowing that an action will violate Montana law or administrative rules is not an acceptable
explanation. A Notary Public is required to know and understand the legal requirements of the
office, and act in complete compliance.
Surety Bond - ANSWER Some U.S. states--including Montana--require their Notaries Public
to be bonded. Montana sets the minimum bond limit at $25,000.
A Notary Public surety bond protects the public by paying valid claims, up to the limits of the
bond, filed by persons who have been financially harmed by a Notary Public's improper act(s). A
Notary Public must repay the surety company for any amount paid against the bond and is
responsible for paying any additional financial harm that exceeds bond limits.
Notary Errors and Omissions Insurance - ANSWER Errors and Omissions ("E&O") insurance
protects the Notary. This insurance coverage is not required. Notary E&O insurance is widely
available and will pay legal defense costs and covered damages stemming from a Notary's