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
Last updated: January 2026

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:

ViolationExample
Backdate a certificateUsing yesterday's date
Use false venueWrong county of notarization
False nameWrong signer name
False attestationClaiming signer was present when not

Personal Appearance Violations

For acknowledgments, jurats, and signature witnessing, the signer must personally appear. A notary may NOT:

ViolationSituation
Notarize without appearanceSigner 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 ActUsing Wrong CertificateProblem
JuratAcknowledgment certificateNo oath administered, not sworn
AcknowledgmentJurat certificateDocument wasn't signed in presence
Copy certificationAcknowledgment certificateWrong attestation

Incomplete Certificates

Every required element must be completed:

Missing ElementProblem
Venue blankUnclear where notarization occurred
Date blankTiming cannot be verified
Name blankIdentity of signer unclear
Signature blankNotarization incomplete
Seal missingNot 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
Test Your Knowledge

A signer asks the notary to date the certificate for last week when they actually signed the document. What should the notary do?

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Test Your Knowledge

What makes simply signing and stamping a document (without a certificate) a violation?

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B
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D