Key Takeaways
- Identity verification is required for acknowledgments, jurats, and signature witnessing
- Two methods: personal knowledge OR satisfactory evidence
- Satisfactory evidence includes documentary proof or credible witness
- IDs may be current or expired up to 3 years
- Notary has final authority to accept or reject identification
Last updated: January 2026
Satisfactory Evidence of Identity
Under MCA 1-5-603, Montana notaries must verify the identity of signers before performing certain notarial acts.
When Identity Verification is Required
| Notarial Act | Identity Required? |
|---|---|
| Acknowledgment | YES |
| Verification on Oath (Jurat) | YES |
| Signature Witnessing | YES |
| Copy Certification | No |
| Oath/Affirmation (standalone) | Situational |
Two Methods of Identity Verification
1. Personal Knowledge
The notary personally knows the signer through:
- Prior dealings sufficient to provide reasonable certainty
- The individual has the identity claimed
Note: "I've seen them before" is not enough. There must be sufficient prior interaction to establish identity.
2. Satisfactory Evidence
When personal knowledge is absent, the notary must obtain satisfactory evidence through:
| Type | Description |
|---|---|
| Documentary Proof | Acceptable identification documents |
| Credible Witness | Person who can verify signer's identity |
The Notary's Authority
The notary has final authority to:
- Accept or reject any identification
- Require additional identification
- Refuse to notarize if not satisfied with identity proof
On the Exam
- Two methods: Personal knowledge OR satisfactory evidence
- Reasonable certainty: Personal knowledge requires sufficient prior dealings
- Notary decides: Final authority to accept or reject ID
- Required acts: Acknowledgments, jurats, signature witnessing
Test Your Knowledge
A signer says "You notarized for me last month, so you should remember me." The notary does not recall the signer. What should the notary do?
A
B
C
D