Key Takeaways
- Cannot sign and stamp without completing a full certificate
- Cannot backdate or falsify certificate information
- Cannot notarize without the signer present (for required acts)
- Cannot use incorrect certificate type knowingly
- Must complete all required certificate elements
Notarial Certificate Violations
Proper completion of notarial certificates is essential. Montana law specifically prohibits various certificate-related violations.
Sign-and-Stamp Only Prohibition
Under MCA 1-5-625(1)(d), a notary is specifically prohibited from:
Affixing their official signature and stamp to a document without completing a full notarial certificate
This means you cannot simply sign and stamp a document. You must complete a proper certificate including:
- Venue (State and County)
- Date
- Type of notarial act
- Name(s) of individual(s)
- Your signature
- Your official stamp
Certificate Falsification
A notary may NOT:
| Violation | Example |
|---|---|
| Backdate a certificate | Using yesterday's date |
| Use false venue | Wrong county of notarization |
| False name | Wrong signer name |
| False attestation | Claiming signer was present when not |
Personal Appearance Violations
For acknowledgments, jurats, and signature witnessing, the signer must personally appear. A notary may NOT:
| Violation | Situation |
|---|---|
| Notarize without appearance | Signer sends document without being present |
| Accept phone/email confirmation | "I authorize you to notarize for me" |
| Rely on someone else's verification | "I verified their ID yesterday" |
Exception: Remote Online Notarization (RON) satisfies personal appearance through approved technology.
Using Wrong Certificate Type
| Requested Act | Using Wrong Certificate | Problem |
|---|---|---|
| Jurat | Acknowledgment certificate | No oath administered, not sworn |
| Acknowledgment | Jurat certificate | Document wasn't signed in presence |
| Copy certification | Acknowledgment certificate | Wrong attestation |
Incomplete Certificates
Every required element must be completed:
| Missing Element | Problem |
|---|---|
| Venue blank | Unclear where notarization occurred |
| Date blank | Timing cannot be verified |
| Name blank | Identity of signer unclear |
| Signature blank | Notarization incomplete |
| Seal missing | Not valid without official stamp |
On the Exam
- Complete certificates: All elements required
- No sign-and-stamp only: Specific violation of law
- No backdating: Use actual date of notarization
- Personal appearance: Required for specific acts
- Correct type: Use appropriate certificate for the act
A signer asks the notary to date the certificate for last week when they actually signed the document. What should the notary do?
What makes simply signing and stamping a document (without a certificate) a violation?