Hawaii Notary Public Exam Practice Guide 2025-2026, Exams of Human Resource Management

Download Hawaii Notary Public Exam Practice Guide 2025-2026 and more Exams Human Resource Management in PDF only on Docsity!

Hawaii Notary Public Exam Practice Guide 2025 - 2026

ANotary Public isa officer - ANSWER-Public Question Assessment Notary Public Functions - ANSWER-The functions of a Notary Public include: (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 neral public? - ANSWER-Although a notary public may be commissioned to perform services in connection with work for their Is a Notary Public required to provide services to the employer, the notary is nonetheless a public officer and as such is required to provide notarial service Lo Lhe general public. services Lo the gencral public? - ANSWER-S government noLlary whose [ces and bond are waived is limited by law Lo performing nol: Is a Government Notary required to provide al services pertaining to the business of government, except where the occasion is deemed by the head of the department of the governmental unit to be one of urgent necessity and convenience. In Hawaii, to be cligible for a nolary public commission, the applicant must be: - ANSWER-1. A United States citizen, or a national or permanent resident alien of the U.S. who diligently seeks citizenship upon becoming eligible to apply for U.S. citizenship 2. A Hawaii resident 3. At least 18 years old Appointment and Tenure - ANSWER-The Attorney General may, in the Attorney General's discretion, appoint and commission such number of notaries public for the State as the Attorney General deems necessary for the public good and convenience. The term of office of a notary public shall be four years from the date of the notary’s commission Renewal Requirements - ANSWER-Each notary is responsible for: 1) renewing their commission on a timely basis; and 2) satisfying the renewal requirements provided by law. Notarial Seal Requirements - ANSWER-The notarial seal must be: 1) An engraved seal of office or a rubber stamp facsimile seal 2) Be circular 3) Not over 2" in diameter 4) Have a serrated or milled edge border 3) Clearly show (when embossed, stamped, or impressed upon a document): (a) The notary’s name (b) The notary’s commission number (c) The words “notary public” and “State of Hawaii" Notary’s Signature Requirements - ANSWER-The notary's signature must: 1) Match the name on the seal 2) Have the date of expiration of the notary’s commission as a notary public added to it A) Other parties to the instrument; and 3) The manner in which the signer was identified. All copies or certificates granted by the notary shall be under the notary’s hand and notarial seal, and shall be received as evidence of such transactions. Notarial Record Book - Information Page - ANSWER-The record book shall include on the information page the following notary information: (a) name; (b) business address (c) commission number (d) commission expiration date (e) book number; (f} beginning date for acts recorded in the book; (g) ending date for acts recorded in the baok. Notarial Record Book - Other Requirements - ANSWER-The record book: 1) shall be bound with a soft. cover: 2) not exceed 11" in height; 3) not exceed 16 1/2” in width when fully opened: 4) have pages consecutively numbered; 5) include the notary's name on the top left corner of each set of pages: 6) include the notary’s commission number on the top right corner of each set of pages. Notarial Record Book - Disposition - ANSWER-The records of each notary public shall be deposited with the Attorney General upon the resignation, death, expiration of each term of office, or removal from or abandonment of office. Notary Public (Definition) - ANSWER-A public officer whose function is to att by Lhe nolary’s hand and official seal, ecrtain class t and certify, , in ordor to giv s of documents > thom eredil and authenticity in foreign jurisdictions, to take acknowledgments of deeds and other conveyances, and certify them, and to perform certain official acts, chiefly in commercial matters. Why Documer ro Notarized - ANSWER-A document is notarized in order Lo pro | persons signing an important document. It assures the parties to an agreement that this particular document and no other is the authentic document which is intended to be given full force and effect. Taking an Acknowledgment (Definition) - ANSWER-An acknowledgment is a formal declaration before an authorized official by a person who has exceuted a formal or legal written document that the execution of the document was the person's free act and deed. Administering an Oath - ANSWER-An oath is 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. The notary should respect the solemnity of the affirmation and require the affiant to raise their hand before administering the affirmation. Example: “You do solemnly swear 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.” Example: “You do solemnly swear (affirm) that the statements made in this affidavit are the truth, the whole truth, and nothing but the truth." The person to whom the oath/affirmation has been administered ANSWER “I do". Taking a Deposition (Definition) - ANSWER-The term “deposition” is sometimes used in a broad sense to describe any written statement verified by oath. More technically, the term is limited to a written testimony of a witness given in the course ofa ther 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-oxaminalion Noling a Protest (Definition) - ANSWER-A protesl is a formal declaration made by a person in interest or concerned in some act about to be done, or already performed, whereby the person expresses the person's dissent or disapproval, or affirms the act against the person's will. The object of such a declaration is to preserve some right which would be lost if the person's implied assent could be made out or to exonerate the person from some responsibility they would atlach to the person unless the person expressly negative the person's assent. Noling a Protest (How to Document) - ANSWER-In noting a protest, a notary writcs down how and when one performed certain acts the notary was called upon to perform. For example, in noting a protest of negotiable paper, a notary may declare in writing under the notary seal of office, that at the request of the holder ofa bill or notes, the notary presented said Bill or no to a third party for payment, but said payment was refused for certain reasons, whereupon the notary notified certain parties of the refusal. Obligations and Limitations - Personal Interest - ANSWER-As a general rule, a notary public +t. 66 CIS. . nolarize the notary’s own cannot certify to, or act in, a matter in which the notary has a personal in 8 14. Anotary should never, under any cireumst: signature. Obligations and Limitations - Most Important Obligation - ANSWER-The most important obligation a notary has to the public the notary serves is Lo judge what acls constitute the practice of law and whal. acts constilute the practice of a notary public. If the notary, who is not an attorney, is asked to perform a notarial act that requires the preparation of, or the giving advice in regard to the preparation of, a legal document or form, the notary should always obtain the advice of an attorney unless the notary has had special education and training. Obligations and Limitations - Foreign Language - ANSWER-The notarization of a document ihat has been wrillen in a foreign language should only be performed by a notary who has a thorough understanding of the foreign language in which the document and/or notarial certificate are written. Similarly, a notary should not notarize a document written in English if the parties to the document who appear before the notary do not appear to speak, read, or understand English. In this situation, the notary should refer the parties to: (a) another notary who speaks the foreign language of the parties; (b) to the foreign consulate: or (c) to an attorney. The notary may also contact the notary public program for a listing up bilingual notaries. the notarial certificate will be drafted to reflect their presence. Thereafter the person places their mark on the document and the notary indicates that it is the mark of the person question. Civil and Criminal Liability - ANSWER-A notary who willfully and knowingly breaches the notary's official duty may be liable to one injured as a result. A notary may be also liable for a negligent performance of duty resulting in an injury. Criminal Liability - ANSWER-In the event of a breach of notarial dutie: subject lo criminal liability. For cxample, a nolary could be found gnilty of the notary may also be 1) extortion: 2) forgery: 3) perjury; or 4) subornation. Extortion (Definition) - ANSWER-The wre force, or by any undue exercise of power. ting of anything of value from another by dure: Forgery - ANSWER-The fraudulent making or altering of a writing, with the intent to deceive another and prejudice the person in some right. Perjury - ANSWERMaking, 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 - ANSWER-The willful and corrupt procuring of another to commit perjury. Notary © ‘ication - ANSWER-The notary certification must include: 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; 4) Identification or description of the document being notarized, placed in close proximity to the acknowledgment or Jurat; and 3) A statement of the number of pages and date of the document. Jurisdiction - ANSWER-A notary public commissioned in the State of Hawaii can only perform the notary's duties in the State of Hawali and not in another state or country. Judicial Circuits of Hawaii - ANSWER-The four judicial circuits of Hawai: 1) The first judicial cireuit, “City and County of Honolulu”, is the island of Oahu and all other islands belonging to the state, not hereafter mentioned and the district of Kalawao on the island of Molokai: 2) The second judicial circuit, “County of Maui", includes the islands of Maui, Molokai (except the Kalawao district ), Lanai, Kahoolawe, and Molokini; 3) The third judicial cireuil, “County of Hawaii", is the island of Hawaii; and A) The fourth judicial district, "County of Kanai", inclides the islands of Kauai and Niihau. 0L- ANSWER-The notary must. indica of Notarial Act of the notary’s notarial act. This is a very important date and the notary should Dale of Notarial / tc on Lhe noLarized document the Dale Customary form: “Subscribed and sworn to before me this day of 220" Essential Parts of an Affidavit (4) - ANSWER-The essential parts of an affidavit are: 1) The vec; 2) The body of the affidavit; 3) The signature of the affianl; A) The jurat: 5) The signature, seal, and commission expiration of the notary. Parts of an Affidavit - The Body of the Affidavit (Definition) - ANSWER-The body of the affidavit is the sworn statement of the affiant. Tt is usually preceded by an introductory statement. Example: “John Doe, being first duly sworn on oath, deposes and says:" Affadavit Example - ANSWER-The following is an example of an affidavit: AFFIDAVIT OF KIMO SMITH STATE OF HAWAII) ySS. CITY AND COUNTY OF HONOLULU } KIMO SMITH, being first duly sworn on oath, deposes and says: 1. That he is the affiant herein; 2. That he is a resident of the City and County of Honolulu, State of Hawati: 3. That he has read the affidavil and knows the contents thercol and A, That the said affidavit is true to the best of the affiant’s knowledge and belief. Further affiant sayeth not. (Signature of Kimo Smilh) Subscribed and sworn to before me this day of. . 20) (Signature of Notary Public) (Print name of Notary Public) (SEAL) My commission cxpires: (¢xpiration dale) Essential Parts of an Acknowledgment (4) - ANSWER-The essential parts of an affidavit are: 1) The venue: 2) The date of the notarial act Witness my hand and seal. (SEAL)(Signature of Notary Public) Print name of Notary Public} My commission expires: (exp. date) The following is an example of a corporate acknowledgment: STATE OF HAWAII) YSS. COUNTY OF HAWAII) On this day of , 20, before me personally appeared John Doe and James Smith, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of XYZ Corporation, and that the seal affixed to the instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its board of directors, and John Doe and James Smith acknowledged the instrument to be the free act and deed of the corporation. (SEAL) (Signature of Notary Public) (Print name of Notary Public) My commission expires: (exp. date) 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 he corporation” and add “and thal the corporation has no corporate seal.” Acknowledgment Example (Individual Acting by Power of Attorney) - ANSWER-The following is an example of an acknowledgement of an individual acting by power of attorney: STATE OF HAWAII} ySS. COUNTY OF KAUAT) On this day of 20) . before me personally appeared Jane Smith, ta me known to be the person who executed the foregoing instrument on behalf of Greg Thompson and acknowledged that she executed the same as the free act and deed of said Greg Thompson. IN WITNESS WHEREOF, I have hereunto set my hand and seal. (SEAL) (Signature of Notary Public) (Print name of Notary Public) My commission expires: (exp. date) An acknowledgment of an individual acting by power of attorney should never be notarized unless the notary is completely satisfied that the attorne to sign the instrument for the individual executing the instrument, and that the power of the allomey is in full force and fleet. Nolary Certificate Example - ANSWERNolary Certificate Pursuant to HAR § 5-118, “every acknowledgment or jurat shall be evidenced by a certificate signed and dated by anolary public". The certificate shall inchide: 1. The printed name of the notary; 2. The official stamp or seal of the notary; 3. The signature of the notary; 4. The identification of the jurisdiction in which the notarial act is performed; 3. The date of the nolarizalion.. The following is an example of a certificate that complies with HAR § 5-11-8. in-fact does indeed have the authority (Besides protests of mercantile paper, there is a protest connected with maritime law. A maritime protest is a written statement made by the master of a vessel, attested by a notary, to the effect that damages suffered by the ship in the ship's voyage were caused by storms or other perils of the sca wilhoul any negligence or misconduct on the master’s part.) For noting any other protest... $5.00 For every notice thereof and certified copy of said protest... For every deposition or official certificate or copy thereof........ (A “depasilion" is the testimony of a wilness Laken not in open court and reduced Lo writing and duly authenticated; it is usually intended to be used at trial or in preparation for trial.) For administration of an oath, including the Fees Charged to Notaries - ANSWERA notary who charges for the notary’s official sorviccs must secure a State gross income tax license. Fees collocicd by the notary are snbiccl Lo the State general excise lax. Fees Charged To Notaries The Attorney General shall charge and collcet the following foes for: Application for nalary public commission... $20.00 Application for renewal of notary commission... .... $20.00 Application for restoration of forfeited commission $10.00 Application for reinstatement of suspended commission........ $10.00 Issuance of notary $100.00 Renewal of notary public $100.00 Each public commission... commission... examination... ... $10.00 Restoration of forfeited commission... $80.00 Commission name chang . $10.00 Change in judicial .. $10.00 Notary public $ 3.00 Notary public mammal cireuit. manual $5.00 mailed... Certified copy of record of cach notarial transaction from a notary public's record book in the disposition of the S 0 Attorney General, per notarial transaction Copying, per printed page: .. $0.25 Checks should be made out to "State Director of Finance". The fees collected by the Attorney General shall be deposited into the notaries public revolving fund established by HRS § 456-9.5, except that if that fund is terminated, the thercafler be depasited with the director o Notaries Public Revolving Fund - ANSWER-Notaries Public Revolving Fund There is established in the state treasury the notaries public revolving fund into which shall be deposited: 1. All fees, charges, or other payments received pursuant to HRS 8 456-9; 2. Penalties and fines for violations of HRS 8 8 436-3, 456-7, or 456-16: 3. Appropriations made for deposit into the notaries public revolving fund; and 4. Interest earned on money in the notaries public revolving fund. The notaries public revolving [umd shall be administered by the Department of the AtLorney Genoral. Notwithstanding any law Lo the contrary, moneys in the notaries public revolving find shall be used for personnel costs, the acquisition of equipment, and operating and administrative costs deemed necessary by the Department of the Attorney General to administer HRS Chapter in the fund may also be used to train personnel as the Attorney General deems 456. The moneys necessary, and for any other activity related to notaries public. Can your clerks or depulys ofa notary public notarize for the nolary public? - ANSWER-no Can you notarize your own signature? - ANSWERno Can you notarize for someone you have a relationship with? - ANSWER-Yes if there is no beneficial interest