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Hawaii Notary Manual Rev. Exam Questions and Answers
(GRADED A)
Notary Public's Functions (1) administering oaths; (2) witnessing the signing of documents; (3) attesting to the identity of the signers of the document; (4) noting protests; and (5) taking acknowledgments of documents. Whom is a notary public is required to provide notarial service to? Although a notary public may be commissioned to perform services in connection with work for his/her employer, the notary is nonetheless required to provide notarial service to the general public. Hawaii's Qualifications (1) A United States citizen/has a U.S. citizenship; (2) A Hawaii resident (3) At least 18 years old Application Process (1) Apply online; Pay non-refundable application fee; Submit a letter of character and a letter of justification. (2) Upon approval by the Attorney General, the applicant cant take a written closed-book exam.
(3) Pass the exam (with a score of 80% or higher) and pay the commission fee. The exam covers statutory laws and administrative rules that apply to notaries public, as well as practical aspects of a notary's practice, and a notary's duties and responsibilities. Tenure The term of commission of a notary public shall be four (4) years from the date of the notary's commission. How many days must a notary report a change in the notary's office, occupation, residence, or employment? In writing to the Attorney General within 30 days of the change. What happens when a notary fails to renew a commission in a timely manner? The commission will be forfeited if the Attorney General finds that the failure was done knowingly. What needs to be done to renew a commission? Submit a completed renewal application, pay the renewal fee, OR complete the processing and filing of a commission for renewal by the date of expiration of the commission. What are the administrative fees for failure to turn in any changes to the Attorney General? Failure to provide written timely notification to the attorney general of any change shall subject the notary to a $25 administrative fine.
Keep a rubber stamp seal which shall be circular, not over 2 inches in diameter, with a serrated or milled edge border and clearly show, stamped, upon a document, the notary's name and commission number, and the words "notary public" and "State of Hawaii". What does a notary public need to do to authenticate official acts, attestations, certificates, and instruments? Add to an official signature the typed or printed name of the notary and a statement showing the date that the notary's commission expires. Upon resignation, death, expiration of the notary public shall immediately deliver the notary's seal to the _____ for defacement or destruction. Attorney General How long can a notary deliver their seal upon resignation, death, or expiration? Within 90 days. If the notary passes away, they need to have a personal representative deliver the seal. Failure to comply results in a fee of up to $200. Official Signature A notary must sign the notary's official signature in the same manner as it appears on the notary's seal. Authentication of Acts Every notary, after being commissioned, must forthwith file a photocopy of the notary's commission, an impression of the notary's seal, and a specimen of the notary's official signature with the clerk of the circuit court of the circuit in which the notary resides.
Official Bond Each notary public forthwith and before entering upon the duties of the notary public shall execute, at the expense of the notary or the notary's company, an official surety bond which shall be in the sum of $1,000. Each bond shall be approved by a judge of the circuit court of the circuit in which the notary resides. Surety A person/company who takes responsibility for another's performance of an undertaking, for example their appearing in court or the payment of a debt. Bond Record The clerk shall record such data in respect to each of the bonds deposited and filed in the clerk's office as the Attorney General may direct. Notarial Record Book Every notary public shall record at length in a book of records all acts, protests, depositions, and other things, by the notary noted or done in the notary's official capacity. For each official act, the notary shall enter in the book: (1) The type, date, and time of day of the notarial act; (2) The title or type and date of the document or proceeding; (3) The signature, printed name, and address of each person whose signature is notarized and of each witness, other parties to the instrument;
Notary public in government service shall: (1) Be authorized to perform the duties of a notary public in one or more of the judicial circuits of the State as the Attorney General shall designate; (2) Not be required to: (A) Pay any fee to the clerk of any circuit court for filing a copy of the notary's commission; (B) Pay any fee to the Attorney General for the issuance of the notary's commission or the renewal thereof; or (C) Furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate, in which event, the expense of furnishing any such bond shall be borne by the department concerned; and (3) Not demand or receive any fee for the notary's service as a notary public. Why are documents notarized? A document is notarized in order to protect persons signing an important document. It assures the parties to an agreement that this particular document and no other is the authentic document that is intended to be given full force and effect. Notary Duties A notary must perform the notary's official duties with integrity, diligence, and skill. The notary's duty is not confined to the one to whom the notary directly renders service, but it extends to all persons who may be affected by the notary's act. Taking an Acknowledgment An acknowledgment is a public declaration or formal statement of the person executing (signing) an instrument made to the official authorized to take the acknowledgment that the
execution of instrument made to the official authorized to take the acknowledgment that the execution of instrument was his or her free act and deed. Oath A solemn pledge or promise made by a person (often called the affiant) with an appeal to God, or a Supreme Being, to attest to the truth of the person's words. Affirmation Solemn statement or declaration is made as a substitute for a sworn statement by a person whose conscience will not permit the person to swear at all. Affidavit A written or printed statement of facts made voluntarily, and under oath or affirmation of the party making it, taken before an officer having authority to administer such oath. An affidavit is a written statement filed by an affiant as evidence in a court case. In order to be admissible/acceptable, affidavits must be notarized by a notary public. Deposition Any written statement verified by oath. The written testimony of a witness given in the course of a judicial proceeding, wither at law or in equity, in advance of the trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross-examination. Protest
Remote Notary A notarization over the telephone is absolutely forbidden. Notarization for remotely located individuals may be performed only by commissioned remote online notaries public. Can you notarize a document for your spouse if you're married? Yes, as long as the spouse does not derive a beneficial interest therefrom. A relationship with the party does not disqualify a notary. What happens if a person is unable to sign? If a person appearing before a notary physically cannot sign the person's own name or make a mark on a document presented for notarization, a notary may sign the name of the person, provided that the notary is satisfied that the person has voluntarily given consent for the notary to sign on the person's behalf, if the notary writes, in the presence of the person: "Signature affixed by notary pursuant to section 456-19, Hawaii Revised Statutes" beneath the signature, and if a doctor's written certificate is provided to the notary certifying that the person is unable to physically sign or make a mark because of the disability and that the person is capable of communicating the person's intentions. Extortion The wresting of anything of value from another by duress, force, or by any undue exercise of power. Forgery The fraudulent making or altering of writing, with the intent to deceive another and prejudice the person in some right.
Perjury In an official proceeding, under an oath required or authorized by law, a false statement which the person does not believe to be true. Subornation The willful and corrupt procuring of another to commit perjury. Proof of the signer's signature and identity Proof evidence by production of a current identification card or document issues by the United States, this State, any other state, or a national government that contains the bearer's photograph and signature. Include any of the following in the notary certification: (1) Date of notarization and signature of the notary public; (2) The printed name and stamp or seal of the notary public; (3) Identification of the jurisdiction in which the notarial act is performed. A person commits the offense of misrepresenting a notarized document in the first degree if: The offense was committed with intent to mislead a public servant, OR the offense was committed for purpose of commercial or private financial gain. A person commits the offense of misrepresenting a notarized document in the second degree if:
Example of an oath of affirmation taken by public officials: You do solemnly swear or affirm that you will support and defend the Constitution of the United States and the Constitution of the State of Hawaii, and that you will faithfully discharge your duties to the best of your ability. Affidavit A written or printed statement of facts made voluntarily, and under oath or affirmation of the party making it, is taken before an officer who has authority to administer an oath. Example of an affidavit: You do solemnly swear or affirm that the statement made in this affidavit is the truth, the whole truth, and nothing but the truth. Jurat The person who appeared before the notary and signed the affidavit. The purpose of a jurat is for an affiant to swear to or affirm the truthfulness of the contents of an affidavit. Essential parts of an affidavit are: (1) The venue - where the notary is performing the act. (2) SS for scilicet which means "namely" or "more particularly described as" (3) A sworn statement of the affiant. Ex. "J. Doe being first duly sworn on oath, disposes and says:". (4) Signature of the affiant.
(5) The jurat - subscribed and sworn to clause. The notary witness the affiant's signature. (6) The signature, seal, and commission expiration date of the notary. All of the above must be stated for a valid notarization. Acknowledgment A formal declaration before an authorized official by a person who has executed a formal or legal written document that the execution of the document was the person's free act and deed. General form of an acknowledgement includes the following parts: (1) The venue (2) The date of the notarial act, which is the date the notary signs the acknowledgment (3) The body of the acknowledgment, which includes: a statement, the identity of the signer or signers, identification of the signers, a statement of voluntary acknowledgment, and testimonium clause. HAR 5- 11 - 8 states? Every acknowledgment or jurat shall be evidenced by a certificate signed and dated by a notary public. Notary Certificate Includes: (1) Printed name of the notary (2) The official stamp or seal of the notary
Revoked Commission A person may apply for a new commission after five (5) years from the effective date of the revocation of the commission by filing an application and complying with all current requirements for new applicants. Loss, misplacement, or theft of notary public certificate, seal, or record book: Within ten days after loss, misplacement, or theft of the notary public's official seal or notarial record book or both, a notary public shall deliver written notification to the attorney general of the loss, misplacement, or theft. The notary public also shall inform the appropriate law enforcement agency in the case of theft and deliver a copy of the law enforcement agency's report of the theft to the attorney general. Failure to comply is a $ fee. Proof of the signer's signature and identity means satisfactory evidence of the identity of an individual appearing before the notary public if the notary public can identify the individual: By (a) having personal knowledge of the identity of an individual (b) passport driver's license, or government-issued non-driver identification card that is valid or expired no more than 3 years (c) another form of government identification (d) by verification on oath or affirmation of a credible witness. Unauthorized practice as a notary public: Not complying is engaging in duties of a notary public without all of the following: (1) Being commissioned as a notary public by the attorney general; (2) Filing a copy of the person's commission, an impression of the person's seal, and a specimen of the person's official signature with the clerk of the circuit court of the circuit in which the person resides; and (3) Executing an official surety bond pursuant to section 456-5.
Government Notary Fees and bonds are waived, but they are limited by law to perform notarial services pertaining to the business of the government. Fees collected by the notary are subject to? State general excise tax and a notary's official services must secure a State gross income tax license fees collected by the notary. Notaries Public Revolving Fund Established in the state treasury the notaries deposited fees charged to notaries (penalties, applications, etc.) to be used for acquisition of equipment, operating and administrative costs deemed necessary by the Department of the Attorney General. Fund is also used to train personnel and for any other activities pertaining to the notary public. Checks for fees charged to notaries should be made out to? State Director of Finance Why do we need rules that change the way documents are notarized? Due to complaints of fraud in connection of notarized documents and reports of pages being detached or switched from the original document. Now notaries have to (1) list the number of pages of each notarized document and provide an identification or (2) provide a sperate description of newly specified information of the notarized document "in close proximity" to the jurat or acknowledgement.
What information should be in the certificate? (1) Printed name of the notary. (2) The official stamp or seal of the notary. (3) Identification of the jurisdiction in which the notarization is performed. (4) Identification or description of the document being notarized in close proximity to the acknowledgment or jurat. (Ex. This 5-page [identification or description of notarized document], dated _____, was subscribed and sworn to before me on this X day of X, 2008, in the First Circuit of the State of Hawaii, by John. H. Doe." This information can also be in a separate certificate. (5) Number of pages. (6) Date of the notarized document. Do I need to apply my stamp or seal to the certificate? Yes, if the certificate is separate from the jurat or acknowledgement then it needs to be separately sealed or stamped. But the certificate does not need to be separate from the jurat or acknowledgement. What if there is no room for the notary certificate on the page with the jurat or acknowledgement? It is best to include the description of the document on the same page, but for more room a separate certificate can be made and on the page, indicate "Notary Certificate on next page". Can I charge for the notary certificate, above and beyond allowed fees? No, such an additional charge is not permitted. What should I write on the certificate of a document that is undated?
You should write "undated at time of notarization". If I change my employment after I become a notary, may I take my notary (including the seal or stamp, and notary record book) with me to my new employer? Yes. Although your former employer may have paid for your bond or commission fees, the notary commission is personal to you and not your employer. You are personally responsible for the safekeeping of your seal or stamp and notary book. Corporate Acknowledgement If the corporation has no corporate seal, the notary should line out and initial "the seal affixed to the instrument is the corporate seal of the corporation" and add "and that the corporation has no corporate seal." Power of Attorney Acknowledgement An acknowledgement of an individual acting by power of attorney should never be notarized unless the notary is completely satisfied that the attorney-in-fact does indeed have the authority to sign the instrument for the individual executing the instrument, and that the power of attorney is in full force and effect. Official Seal Needs to be engraved or a rubber stamp facsimile seal with: (1) Name of the notary public (2) Commission number of the notary public (3) Words "notary public" and "State of Hawaii" (4) Not be over 2 inches in diameter with a serrated or milled edge boarder.
