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1. 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. - ANSWER D. To assure
that the document is legal in Montana.
2. 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. - ANSWER A. Read the document to determine if
it is legal.
3. 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. - ANSWER F. All of the above.
4. 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 - ANSWER 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.
5. 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 - ANSWER A, C, D, E, F
6. What are the two ways that Montana law defines personal appearance?
A. Being in the same building as the notary
B. Being in Montana, North Dakota or Wyoming
C. Being in the same physical location as another person and close enough to see,
hear, communicate with, and exchange identification credentials with that
individual.
, D. Interacting with another individual by means of communication technology in
compliance with the provision of Title1, Chapter 5, Part 6 of the Montana Code
Annotated. - ANSWER D. Interacting with another individual by means of
communication technology in compliance with the provision of Title1, Chapter 5,
Part 6 of the Montana Code Annotated.
7. What should a notary do every time after completing a notarial certificate?
A. Carefully proofread the certificate to assure there are no errors or omissions
B. Make notes about the signer so you can remember them
C. Copy the document for your journal record
D. Collect the fee
E. Jot down anything memorable about the transaction so you can entertain your
friends with interesting stories about being a notary. - ANSWER A. Carefully
proofread the certificate to assure there are no errors or omissions
8. Under what circumstances is a Montana notary permitted to notarize a
document that is written in a foreign language?
A. Only when a translator is present
B. Under no circumstances are Montana notaries permitted to notarize
documents written in a foreign language
C. Only when the notary is fluent in the language the document is written in and
can understand the document
D. When the notary can effectively communicate with the signer and can
determine that all the requirements of the notarial act can be fulfilled - ANSWER
D. When the notary can effectively communicate with the signer and can
determine that all the requirements of the notarial act can be fulfilled