Hawaii - U.S. Notary Reference
Last Update: November 4, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (HRS 456-1[a]).
Notary Term Length
Four years (HRS 456-1[a] and HAR 5-11-12).
Notary Bond
$1,000 (HRS 456-5). Specially appointed government Notaries need not be bonded (HRS 456-18[2][C]).
Notary Seal
Required (HRS 456-3 and HAR 5-11-5[b]).
Notary Journal
Required (HRS 456-15[a]; see also HAR 5-11-9[a]).
ADMINISTRATION AND RULES
Commissioning Official
The Hawaii Attorney General appoints, commissions, regulates, adopts rules for, and maintains records on the state’s Notaries (HRS 456-1[a], 456-1.5 and 456-8).
Contact Information
Address: Department of Attorney General
Notary Public Program
425 Queen Street
Honolulu, HI 96813Phone: 808-586-1216
Laws, Rules and Guidelines
Laws
Hawaii Revised Statutes: Most Notary statutes are in the Hawaii Revised Statutes (HRS), Chapter 456, “Notaries Public” and Chapter 502, “Acknowledgments; Proof of Instruments.”
Citations: Citations to the Statutes in this chapter follow this convention: HRS, chapter, section, and any paragraph and subparagraph within the section, if any, in brackets. Example: HRS 456-18[2][A].
Rules
Hawaii Administrative Rules: Rules regulating Notaries are set forth in the Hawaii Administrative Rules (HAR), Chapter 5-11, “Notaries Public.”
Citations: Citations to the Rules in this chapter follow this convention: HAR, chapter, section, and any paragraph and subparagraph within the section, if any, in brackets. Example: HAR 5-11-46[a][18].
Guidelines: Other guidelines for Notaries are in the “Notary Public Manual” (NPM) (revised April 2023), published by the Attorney General and available on the website.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a Notary commission in the state of Hawaii must be:
(a) at least 18 years old,
(b) a resident of Hawaii and
(c) a U.S. citizen, U.S. national or permanent resident alien authorized to work in the United States (HRS 456-2, HAR 5-11-21[b][5] and NPM).
In addition, the Hawaii Administrative Rules allow denial of a Notary commission based on an inability to read, write or speak English with understanding (HAR 5-11-39[5]), being “addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature” (HAR 5-11-39[7]), or practicing as a Notary while impaired by alcohol, drugs, or mental instability, or substantially impaired by physical disability (HAR 5-11-39[8]).Course: Not required.
Exam: Required.
Scheduling: Upon approval of the application, the applicant can schedule an exam online. The exam is given on Oahu at least once a month and on the other islands periodically. The schedule may be found online.
Exam Type and Fee: This is a written, closed-book exam, with a minimum passing score of 80%. The exam fee is $10. The exam results and instructions on what to do next will be mailed to the applicant within 30 calendar days (HAR 5-11-32, 5-11-33 and 5-11-46[a][7]).
Penalties: Failure to take the exam as scheduled carries various fees and penalties, depending on whether and when the applicant gave notice of his or her inability to appear on the scheduled date. Failure to pass the exam may entail a fee and/or a delay before reapplication is permitted, depending on the given situation (HAR 5-11-32[b], [e] and [f] and 5-11-46[a][18], [19] and [20]). Failure to pass the examination twice requires an applicant to wait 90 days from the date of the last examination to reapply for a commission (HAR 5-11-32[f]).
Application
Online Application: Before taking the mandatory examination (see above), an applicant must submit a completed application to the Notary Public Program (NPP) office of the Attorney General. As of July 1, 2017, applications must be submitted online at https://notary.ehawaii.gov/notary/public/welcome.html.
Letters: “Two letters, one justification, and one character must accompany the application. The letter of justification should state in detail the reasons for applying for a commission with the estimated number of notarial acts, the type of documents being notarize (sic), and that the notary public will serve the general public. The letter of justification should be prepared by an officer of the corporation or a partner of the organization of which the applicant is an employee. An applicant who is self-employed may prepare a letter of justification for one’s self. The letter of character should be written by a reputable resident of Hawaii, other than an employer or relative, who from past association can vouch for the integrity and moral character of the applicant as well as a contact number and/or email address” (website, “Notary Public Commission Application Information and Instructions”; see also HAR -5-11-21[a]).
Information: An applicant must provide:
(a) the applicant’s legal name, verification of age;
(b) current residence, business, mailing, and email addresses;
(c) any misdemeanor or felony convictions that are related to the qualifications, functions, or duties of a Notary or that are relateto fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of these offenses;
(d) Proof that the applicant is a United States citizen, a United States national, or an alien authorized to work in the United States;
(e) Proof of the applicant’s identity by a current government-issued photo identification;
(f) Proof that the applicant is a resident of Hawaii;
(g) Proof that the applicant has executed an official surety bond that has been approved by a judge of the circuit court;
(h) Any other information the Attorney General may require to investigate the applicant’s qualifications (HAR 5-11-21[b]).Government-Notary Application: Applications for a government Notary commisison must “be accompanied by a letter of justification from the head of every department (which includes any department, board, commission, bureau, or establishment of the United States, the State, or any political subdivision thereof) where the applicant is employed and shall designate the applicant to perform, without charge, the services of a notary public in all matters of business pertaining to the business of the governmental entity employing the applicant” (HAR 5-11-21[c]).
Application Fee: The $20 application fee must be paid by eCheck or credit card (American Express, Discover, MasterCard and Visa). There is no application fee for a government-employed Notary.
Regardless of the type of commission being applied for, the applicant must sign the affidavit and oath under penalty of perjury in the online application form.Notary Public Manual: A copy of the Attorney General’s “Notary Public Manual” may be downloaded from the website at no cost. It also is available in hard copy, for $5 if sent by mail or $3 if picked up in person (HAR 5-11-46[a][11]).
Background Screening: Not required.
Commission Fee: Upon being informed of passage of the exam, the applicant must pay a fee of $100 for issuance of the commission or renewal commission. The commission-issuance fee is waived for government Notaries (HRS 456-18[2][B]).
Circuit Court Filing
Bond: Before notarizing, the new Notary must obtain a $1,000 surety bond and a seal of office. The bond must be purchased from a surety company authorized to do business in Hawaii, must be approved by a judge of the circuit court, and then must be filed with the clerk of the circuit court of the judicial circuit in which the Notary resides (HRS 456-5). Government Notaries need not be bonded (HRS 456-18[2][C]).
Seal and Signature: In addition to the bond, the Notary also must deposit the following with the clerk of his or her circuit court: (a) a photocopy of the new commission, (b) an impression of the Notary seal or stamp and (c) a specimen of the Notary’s official signature. At the Notary’s option, the same items may be filed with any other circuit court clerk(s), thereby enabling authentication of the Notary’s acts by the additional clerk(s) (HRS 456-4).
Filing Fee: Circuit court fees for filing a copy of a Notary commission are set by the Hawaii Supreme Court (HRS 456-9[b]). Currently, there is a $6 fee for the filing of a commission (Hawaii State Judiciary website, “Circuit Court Filing Fees and Costs”). This filing fee is waived for government Notaries (HRS 456-18[2][A]).
Nonresidents: Nonresidents of Hawaii may not hold a Notary commission in the state (HRS 456-2).
Reappointment
Renewal Notice: A renewal notice is mailed to each Notary approximately two months before commission expiration (Online Notary Public website, “FAQs”). Renewal applications must be submitted online at the Hawaii Attorney General’s Online Notary Public website at https://notary.ehawaii.gov/notary/public/welcome.html.
The Notary’s Responsibility: “Each notary public shall be responsible for renewing the notary public’s commission on a timely basis … The failure to renew a commission in a timely manner may cause the commission to be forfeited, if the attorney general finds that the failure was done knowingly …” (HRS 456-1[b]).
Knowing Failure: “A failure to renew shall be deemed knowingly if notice of renewal is sent to the last address on file for the notary public and the notary public fails to complete all the requirements …” (HAR 5-11-40[a]).
Timely Filing: A renewal is timely if received by the Attorney General within 60 calendar days prior to the expiration of the current commission (HAR 5-11-23[a]).
Other Requirements and Fees: Other than the timing restrictions, the requirements and fees for the renewal process are the same as for the initial application (HRS 456-9[a][2] and HAR 5-11-23[b] and 5-11-46[a][2], [6] and [7]).
Remote Online Notary Commission
Requirement: “Prior to performing any initial notarial act under this section, the remote online notary public shall notify the attorney general that the remote online notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies that the remote online notary public intends to use. The technologies selected by a remote online notary public to perform notarial acts for remotely located individuals shall conform to the attorney general’s standards developed for this chapter” (HRS 456-23[f]).
Qualifications: “Only a notary public with an active commission may apply for a remote online notary public commission” (HAR 5-11-62([a]).
Application: A completed application for a remote online Notary commission must include the following (HAR 5-11-62[b]):
(a) A non-refundable application fee;
(b) The applicant’s email address;
(c) The applicant’s notary public commission number;
(d) A description of the communication technologies and devices that the applicant intends to use to perform remote online notarization;
(e) The name, address, and website address of any vendors or other persons that will directly supply to the notary public the technologies and devices that the notary public intends to use;
(f) A description of the data storage methods to maintain a secure backup of electronic journals and audiovisual recordings;
(g) A statement certifying that the applicant has obtained a digital certificate from a qualified certificate authority or a trusted service provider to be used by the applicant in performing remote online notarizations; and
(h) A statement of compliance that the technologies named in the application are fully compliant with HRS Chapter 456, HRS and Chapter 5 of the administrative rules.Examination: “No remote online notary public commission shall be issued to any notary public unless the notary public pays the examination fee and takes and passes an examination specific to notarization of remotely located individuals as prescribed by the attorney general and pursuant to the requirements of section 5-11-32” (HAR 5-11-64).
Commission, Electronic Seal and Signature: “[N]o remote online notary public commission shall be in effect, nor shall a notary public perform remote online notarization unless, in addition to the requirements of sections 5-11-62 and 5-11-64, the notary public:
“(1) Files a literal or photostatic copy of the notary public’s remote online notary public commission issued by the attorney general with the clerk of the circuit court of the circuit in which the remote online notary public resides within thirty days of the receipt of the commission; and
“(2) Submits to the attorney general a tangible copy of the notary public’s electronic seal and electronic signature” (HAR 5-11-65).Term Length: “A remote online notary public’s commission to perform notarial acts for remotely located individuals shall expire on the same date as the notary public’s commission” (HAR 5-11-66).
Reappointment: “(a) Each remote online notary public shall be responsible for timely renewing the remote online notary public’s commission and satisfying the renewal requirements provided by law. A completed renewal application to perform remote online notarial acts received by the attorney general within sixty calendar days prior to the expiration of the notary public’s current commission shall be considered timely filed.
“(b) At the time of commission renewal as a remote online notary public, each remote online notary public shall submit a completed renewal application, pay all applicable fees, and comply with any other requirement provided by law.
“(c) The failure to timely renew a commission as a remote online notary public, the failure to pay all applicable fees, the dishonoring of any check upon first deposit, or the failure to comply with any other requirement may cause the commission to be automatically forfeited” (HAR 5-11-67).Updates on Technologies or Devices: “If, during the term of a remote online notary public’s commission, the remote online notary public intends to use the technologies or devices of a vendor or person other than those identified in the application submitted under subsection (b), the remote online notary public shall notify the attorney general identifying such other business or other person as required by this section” (HAR 5-11-62[c]).
Remote Online Notary is a Notary Public: “An individual commissioned as a remote online notary public under this section shall be deemed a notary public for purposes of this chapter and shall be subject to the requirements, powers, and duties of a notary public under this chapter” (HRS 456-24[e]).
Notification to Perform In-Person Electronic Notarial Acts
“Prior to the performance of an initial notarial act with respect to an electronic document, the notary public shall notify the attorney general that the notary public will be performing notarial acts with respect to electronic documents and identify the technology the notary public intends to use; provided that the technology selected by a remote online notary public for remote online notarizations shall conform to the attorney general's standards developed for this chapter” (HRS 456-25[b]).
Online Search
A searchable database of all Hawaii Notaries may be accessed at the Attorney General’s website at https://notary.ehawaii.gov/notary/public/publicsearch.html.
Jurisdiction
“The attorney general may, in the attorney general’s discretion, commission the number of notaries public for the State that the attorney general deems necessary for the public good and convenience” (emphasis added) (HRS 456-1).
Term Length
“The term of commission of a notary public shall be four years from the date of the notary public’s commission …” (HRS 456-1).
“The term of office of a notary public shall be four years from the date of the notary public’s commission, unless sooner terminated by the notary public’s resignation, death, or abandonment of commission, or revoked or suspended by action of the attorney general” (HAR 5-11-12).
Bond
“Each notary public forthwith and before entering upon the duties of the notary public’s commission shall execute, at the notary public’s own expense, an official surety bond which shall be in the sum of $1,000. Each bond, or bond continuation certificate, shall be approved by a judge of the circuit court. The obligee of each bond, or bond continuation certificate, shall be the State and the condition contained therein shall be that the notary public will well, truly, and faithfully perform all the duties of the notary public’s commission which are then or may thereafter be required, prescribed, or defined by law or by any rule made under the express or implied authority of any statute, and all duties and acts undertaken, assumed, or performed by the notary public by virtue or color of the notary public’s commission. The surety on each bond, or bond continuation certificate, shall be a surety company authorized to do business in the State” (HRS 456-5).
Changes of Status
General: “Each notary public shall file with the attorney general the notary public’s name, employer, residence and business addresses, telephone numbers, email address, and occupation and shall notify the attorney general of any change, in writing, within thirty days of the change” (HAR 5-11-10[a]; see also HRS-456-1[a]).
Any changes may be made by accessing the Notary’s “My Account“ information online https://notary.ehawaii.gov/notary/public/notary-services.html and completing the “Edit My Account” request with the resident/business changes (Online Notary Public website, “FAQs”).
The Attorney General has the authority to revoke a Notary’s commission if any change “renders the holding of such commission by the notary no longer necessary for the public good and convenience” (HRS 456-1[a]).Name Change
Requirement: The notice of name change, made to the Attorney General by the Notary within 30 days of the change, must state the old and new names and the effective date of the change, and it must include a copy of the legal documentation for the change, as well as the new signature of the Notary (HAR 5-11-10[b]).
Noncompliance: Failure to provide notice within the 30-day time limit will subject the Notary to a $25 administrative fine (HAR 5-11-10[d] and 5-11-46[b][1]).
Fee: The fee for a commission name change is $10 (HAR 5-11-46[a][10]).
Online Filing: Notaries who have changed their name must access their “My Account” online at https://notary.ehawaii.gov/notary/public/notary-services.html to complete the “Edit My Account” request with the name change. Notaries must submit supporting documentation (marriage license/divorce decree) showing the name change. Notaries may continue to notarize under the old name until the name change is processed (website, “Online Notary Public”>”Help”>“FAQs”).
Address or Employer Change
Requirement: The notice of a change in employer, residential or business address, telephone number or judicial circuit, made to the Attorney General by the Notary within 30 days of the change, must state the old and new information and the effective date of the change(s) (HAR 5-11-10[c]).
Noncompliance: Failure to provide notice within the 30-day time limit will subject the Notary to a $25 administrative fine. If the failure means that renewal forms are sent to the wrong address, the fine is $50 (HAR 5-11-10[d] and 5-11-46[a][11] and [12]).
Fee: The fee for a change in the Notary’s information is $10 (HAR 5-11-46[a][10]).
Online Filing: Notaries who have changed their address must access their “My Account” online at https://notary.ehawaii.gov/notary/public/notary-services.html to complete the “Edit My Account” request with the address change.
Death or Adjudication of Incompetency: “Each notary public or the notary public’s representative or guardian shall notify the attorney general in writing of an adjudication of the notary public’s incompetency within thirty days of the adjudication” (HAR 5-11-10.5[a]). Failure to provide timely notice will result in an administrative fine of $25 per violation (HAR 5-11-10.5[d]).
Upon the death of a current notary public, the notary public’s employer, personal representative, or any other person knowingly in possession of the notary public’s certificate or notary seal has 90 days to surrender the notary’s commission certificate, including the remote online notary’s commission certificate, if applicable and rubber stamp seal, and retain, or cause to be retained, the notary’s journal and inform the Attorney General of the location of the journal (HAR 5-11-17[a]).
“Upon the death of a current or former notary public, the notary public’s employer, personal representative, or any other person knowingly in possession of the notary public’s journal shall transmit the journal to the attorney general or a repository approved by the attorney general as provided in section 456-15(h), HRS, and notify the attorney general of the location of the repository” (HAR 5-11-17[c]).Criminal Convictions: “Each notary public shall notify the attorney general in writing of a criminal conviction against the notary public of any felony, or a misdemeanor related to the qualifications, functions, or duties of the notary public or involving fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of these offenses” (HAR 5-11-10.5[b]). Failure to provide timely notice will result in an administrative fine of $25 per violation (HAR 5-11-10.5[d]).
Professional Disciplinary Actions: “Each notary public shall notify the attorney general in writing of any professional disciplinary decision issued against the notary public in this or another jurisdiction within thirty days of the disciplinary decision” (HAR 5-11-10.5[c]). Failure to provide timely notice will result in an administrative fine of $25 per violation (HAR 5-11-10.5[d]).
Resignation
Requirements: “A notary public may resign the notary public’s commission, and shall … [s]urrender the notary public’s commission certificate and rubber stamp notary seal as provided in sections 5-11-5(e) and 5-11-17(a) and provide to the attorney general the location of the journal as provided in section 5-11-9(f)” (HAR 5-11-16[a][1]). Items must be surrendered to the Attorney General’s office within 90 days of resignation (HAR 5-11-17[a]).
Online Filing: Resignations may be submitted online through “My Account” at https://notary.ehawaii.gov/notary/public/notary-services.html. The online process will produce a registration letter that must be printed and mailed to the Notary Public office.
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Hawaii Notaries are authorized to perform the following notarial acts:
Take acknowledgments (HAR 5-11-4 and HRS 502-50[a]);
Administer oaths and affirmations (HAR 5-11-4 and HRS 456-13);
Execute verifications on oath or affirmation (HRS 456-1.6 “notarial act” and “verification on oath or affirmation”);
Take depositions (NPM);
Witness the signing of documents (HAR 5-11-4 and NPM);
Certify copies (HRS 456-1.6 “notarial act”) and copies of the Notary’s record (HRS 456-15[d], [i]);
Note protests (HRS 456-10 through 456-12 and HAR 5-11-4).
Remote Notarial Acts: A Hawaii Notary who has been commissioned as a Remote Online Notary may perform the notarial acts listed above remotely.
Acknowledgments
Definitions
Acknowledgment: “'Acknowledgment' means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document” (HRS 456-1.6 “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 such instrument was his or her free act and deed” (NPM).In a Representative Capacity: “'In a representative capacity' means acting as:
“(1) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
“(2) A public officer, personal representative, guardian, or other representative, in the capacity stated in an applicable document;
“(3) An agent or attorney-in-fact for a principal; or
“(4) An authorized representative of another in any other capacity.
Requirements
Identity of Principal: Before certifying an acknowledgment, a notary must either have personal knowledge of the individual who makes it, or be satisfied of the individual’s identity by thorough precaution (e.g., checking identification cards)” (NPM).
Voluntary Act of Principal: “The fundamental purpose of the acknowledgment is to insure the authenticity and voluntariness of the signature” (NPM).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (HRS 456-1.6 “acknowledgment”):
Signature: The individual must acknowledge that “the individual has signed a document for the purpose stated in the document….”
Representative Capacity and Authority: If the individual has or is signing the document in a representative capacity, the individual must declare “that the individual signed the document with proper authority and signed it as the act of the individual or entity identified in the document.”
Oaths and Affirmations
Definition: “An oath is a solemn pledge, made by a person (often referred to as the affiant) with an appeal to God or a Supreme Being to attest to the truth of the person’s statement. When an affiant’s conscience will not permit the affiant to use the term ‘swear,’ an affirmation is permissible. Instead, the notary should substitute the term ‘affirm’ for the term ‘swear’ (NPM).
Requirements
Judicial Oaths: The following words may be used to administer an oath or affirmation to a witness in a judicial proceeding: “Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth?” (HRS 621-12).
Affidavit Oath: “The following is an example of an oath that can be administered with an affidavit: ‘You do solemnly swear or affirm that the statements made in this affidavit are the truth, the whole truth, and nothing but the truth.’ The affiant answers, ‘I do’” (NPM).
Verifications on Oath or Affirmation
Definitions
Verification on Oath or Affirmation: “'Verification on oath or affirmation' means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true” (HRS 456-1.6 “Verification on oath or affirmation”).
Affidavit: “An affidavit is ‘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.’ Black’s Law Dictionary (Rev. 6th Ed.), at p. 58” (NPM).
Jurat: The notarial act of jurat is referenced repeatedly in HRS Chapter 456 and HAR Chapter 5-11. See, for example, HRS 456-6 and 456-9(c)(4), and HAR 5-11-8.
“The jurat … is the portion of the affidavit commonly referred to as the ‘subscribed and sworn to’ clause. It is the notary’s statement that the affiant appeared before the notary on a certain day, took the oath, and signed the statement; in other words, that the notary actually witnessed the affiant’s signature” (NPM).
Requirements
Oath or Affirmation: The definition of verification on oath or affirmation (see “Definitions,” above) indicates that the Notary Public administers an oath or affirmation to the individual to indicate that a statement in a document is true (HRS 456-1.6 “Verification on oath or affirmation”).
Depositions
Definition: “‘The term ‘deposition’ is sometimes used in a broad sense to describe any written statement verified by oath; but in its more technical and appropriate sense, the meaning of the word is limited to the written testimony of a witness given in the course of a judicial proceeding, either 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.’ 23 Am.Jur.2d Depositions and Discovery § 108” (NPM).
Copy Certifications
“Notarial Act”: The definition of “notarial act” that was added to the statute by Chapter 20 of the Laws of 2020 (Senate Bill 2275) and effective January 1, 2021, appears to open the door to Notaries Public performing copy certifications. The definition includes this statement: “'Notarial act' includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument” (HRS 456-1.6 “notarial act,” emphasis added).
Notary Records: HRS 456-15, which deals with the Notary’s journal, suggests that certifying copies of entries in the Notary’s journal is a notarial act: “All copies or certificates granted by the notary public shall be under the notary public’s hand and notarial seal, and shall be received as evidence of such transactions” (HRS 456-15[i]).
Tangible Copy of Electronic Record: “A notary public may certify that a tangible copy of an electronic document is an accurate copy of the electronic document” (HRS 456-14[c]).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (HRS 490:3-505[b]).
“A protest 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 which would attach to the person unless the person expressly negatived the person’s assent.' Black’s Law Dictionary (Rev. 6th Ed.), at p. 1223” (NPM).Requirements: “The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (HRS 490:3-505[b]).
“In noting a protest, a notary writes 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’s seal of office, that at the request of the holder of a bill or note, the notary presented said bill or note to a third party for payment, but said payment was refused for certain reasons, whereupon the notary notified certain parties of the refusal” (NPM).
STANDARDS OF PRACTICE
Personal Appearance
Definition: “'Appear personally' means:
“(1) Being in the same physical location as another person and close enough to see, hear, communicate with, and exchange proof of the signer’s signature and identity with that person; or
“(2) Interacting with a remotely located individual by means of communication technology that complies with the provisions of section 456-23, HRS, and [HAR Chapter 5]” (HAR 5-11-1.5 “appear personally”).Requirement
Traditional Notarial Acts: The notarial acts of acknowledgment and verification upon oath or affirmation require the individual for whom those notarial acts are performed to appear personally before a Notary (HRS 456-1.6 “acknowledgment” and “verification on oath or affirmation”).
“It is of utmost importance that the individual who is to have a document notarized personally appear before the notary public. A notarization over the telephone is absolutely forbidden” (NPM)Remote Notarial Acts: “A remotely located individual may comply with any law requiring the individual to appear personally before, or be in the presence of, a notary public at the time of the performance of a notarial act by using communication technology to appear before a remote online notary public” (HRS 456-23[a]).
“A remotely located individual may comply with the requirement to appear personally before a remote online notary public by appearing before the remote online notary public by means of communication technology” (HAR 5-11-68[b]).
Identification
Notarial Acts
Requirement: “A notary public shall not perform a notarial act unless there is proof of the signer’s signature and identity as defined in section 456-1.6, HRS, or as otherwise provided in [HAR] sections 5-11-69 and 5-11-70” (HAR 5-11-7; see also HRS 502-48).
Personal Knowledge: A Notary may identify an individual appearing before the Notary “by means of [h]aving personal knowledge of the identity of an individual before the officer if the individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (HRS 456-1.6 “proof of the signer’s signature and identity” [1][A]).
ID Documents: In a new law effective January 1, 2021, a Notary may identify an individual appearing before the Notary with a “passport, driver's license, or government‑issued non-driver identification card that is valid or expired no more than three years prior to the performance of the notarial act and contains the signature and photograph of the individual” [or] “another form of government identification issued to an individual that is valid or expired no more than three years prior to performance of the notarial act, contains the signature and photograph of the individual, and is satisfactory to the notary public” (HRS 456-1.6 “proof of the signer’s signature and identity” [1][B] and [C]).
Credible Witness: A Notary may identify an individual appearing before the Notary “[b]y verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify on the basis of a passport, driver's license, or government‑issued non-driver identification card that is valid or expired no more than three years prior to performance of the notarial act” (HRS 456-1.6 “proof of the signer’s signature and identity” [1][D]).
Additional Information or Credentials: A Notary may identify an individual appearing before the Notary “[b]y requiring an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual” (HRS 456-1.6 “proof of the signer’s signature and identity” [2]).
Failure to Identify: A Notary commits the offense of “failure to verify identity” for knowingly notarizing a document if the Notary witnesses the signing of the document and “fails to verify the identity of the signer by “proof of the signer’s signature and identity, or by obtaining satisfactory evidence of identity of a remotely located individual under section 456‑23” (HRS 456-20[a]).
Remote Notarial Acts
Definition
“'Identity proofing' means a process or service by which a third person provides a remote online notary public with a means to verify the identity of a remotely located individual by a review of the remotely located individual’s personal information from public or private data sources” (HRS 456.23[i] “identity proofing”).
Requirement: “A remote online notary public located in this State may perform a notarial act for a remotely located individual using communication technology if:
“(1) the remote online notary public has:
“(A) Personal knowledge of the identity of the individual;
“(B) Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the remote online notary public under this chapter; or
“(C) Obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing” (HRS 456-23[b][1]).Personal Knowledge: “A remote online notary public has personal knowledge of the identity of the remotely located individual appearing before the remote online notary public if the remotely located individual is personally known to the remote online notary public through dealings sufficient to provide reasonable certainty that the remotely located individual has the identity claimed” (HAR 5-11-70[1]).
Credible Witness: “To be a credible witness, the witness shall have personal knowledge of the remotely located individual who has made a statement in or executed a signature on the record that is the subject of the notarial act. The remote online notary public shall have personal knowledge of the credible witness or shall have verified the identity of the credible witness under section 5-11-69. A credible witness may be a remotely located individual if the remote online notary public, credible witness, and remotely located individual whose statement or signature is the subject of the notarial act can communicate by using communication technology” (HAR 5-11-70[2]).
Identity Proofing: “If a remote online notary public does not have satisfactory evidence of the identity of a remotely located individual, the remote online notary public shall reasonably verify the remotely located individual’s identity through two different types of identity proofing consisting of a multi-factor authentication procedure as provided in this section. The procedure shall analyze the remotely located individual’s identity credential against trusted third-person data sources, bind the remotely located individual’s identity to the remotely located individual following successful knowledge-based authentication, and permit the remote online notary public visually to compare the identity credential and the remotely located individual” (HAR 5-11-69[a]).
Credential Analysis: “The analysis of an identity credential shall use public or private data sources to confirm the validity of the identity credential presented by a remotely located individual and shall, at a minimum:
“(A) Use automated software processes to aid the remote online notary public in verifying the identity of each remotely located individual;
“(B) Require that the identity credential passes an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identity credential is not fraudulent or inappropriately modified;
“(C) Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identity credential details; and
“(D) Enable the remote online notary public visually to compare for consistency the information and photograph on the identity credential and the remotely located individual as viewed by the remote online notary public in real time through communication technology” (HAR 5-11-69[b][1]).Knowledge-Based Authentication: “A knowledge-based authentication is successful if it meets the following requirements:
“(A) The remotely located individual shall answer a quiz consisting of a minimum of five questions related to the remotely located individual’s personal history or identity formulated from public or private data sources;
“(B) Each question shall have a minimum of five possible answer choices;
“(C) At least eighty per cent of the questions shall be answered correctly;
“(D) All questions shall be answered within two minutes;
“(E) If the remotely located individual fails the first attempt, the remotely located individual may retake the quiz one time within twenty-four hours;
“(F) During a retake of the quiz, a minimum of forty per cent of the prior questions shall be replaced;
“(G) If the remotely located individual fails the second attempt, the remotely located individual is not allowed to retry with the same remote online notary public within twenty-four hours of the second failed attempt; and
“(H) The remote online notary public shall not be able to see or record the questions or answers” (HAR 5-11-69[b][2]).
Refusal of Services
Specific Grounds
Competence: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that [t]he person executing the document is competent or has the capacity to execute the document….” (HRS 456-22[a][1]).
Willingness: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that … [t]he person's signature is knowingly and voluntarily made….” (HRS 456-22[a][2]).
Proof of Signature and Identity: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that [t]he notary public has proof of the signer's signature and identity or, if the person is a remotely located individual, satisfactory evidence of the identity under section 456-23” (HRS 456-22[a][3]).
General Grounds: “A notary public may refuse to perform a notarial act unless the refusal is prohibited by any provision of law other than this chapter” (HRS 456-22[b]).
Availability to the Public: “Although a notary public may be commissioned to perform services in connection with work for his/her employer, the notary is nonetheless a public officer and as such is required to provide notarial service to the general public” (NPM).
Discriminatory Refusal: “The Notary shall not … [r]efuse to perform a lawful and proper notarial act because of the race; sex, including gender identity or expression; sexual orientation; color; ancestry; nationality; ethnicity; religion; politics; advanced age; or disability, including the use of a service animal, of the person appearing before the notary public; or any disagreement with the statements or purpose of a document” (HAR 5-11-4.5[a][1]).
Signature by Mark
The “Notary Public Manual” indicates that notarization of a signature by mark must include a notarial certificate drafted to reflect the circumstances of the signing: “If a person is able to make a mark on a document, the notarization forms should reflect that the person is signing by mark. In such instances, an attorney may require the presence of at least two impartial witnesses to witness the signing by mark, and the notarial certificate will be drafted to reflect their presence. Thereafter, the person places the person’s mark on the document and the notary indicates that it is the mark of the person in question. Example: X (mark of John Doe).”
Signature by Proxy
“A notary public may sign the name of a person physically unable to sign or to make a mark on a document presented for notarization; provided that the notary public is satisfied that the person has voluntarily given consent for the notary public to sign on the person’s behalf, if the notary public writes, in the presence of the person: ‘Signature affixed by notary public pursuant to section 456-19, Hawaii Revised Statutes.’ beneath the signature, and if a doctor’s written certificate is provided to the notary public 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. The certificate shall be attached to the document.” (HRS 456-19).
Disqualifying Interest
Personal: “A notary public shall not perform a notarial act with respect to a document to which the notary public … has a direct beneficial interest. A notarial act performed in violation of this section is voidable” (HRS 456-14[b]).
“A notary public shall not … [n]otarize the notary public’s own signature” (HAR 5-11-4.5[a][3]).Conflict of Interest: “A notary public shall not … [p]erform a notarial act if the notary public has an actual and apparent conflict of interest regarding the transaction in question” (HAR 5-11-4.5[a][4]).
“A notary public cannot certify to, or act in, a matter in which the notary has a personal interest.... One who has a beneficial interest in a document, no matter how small or nominal the interest, cannot act as a notary public relative to that document. Therefore, one partner cannot as a notary public take the oath of his co-partner in a matter in which the partnership has an interest” (NPM).Corporate Employee or Officer: “It shall be lawful for any notary public, although an officer, employee, shareholder, or director of a corporation or trust company to take the acknowledgment of any party to any written instrument executed to or by the corporation or trust company, or to administer an oath to any shareholder, director, officer, employee, or agent of the corporation or trust company, or to protest for nonacceptance or nonpayment of bills of exchange, drafts, checks, notes, and other negotiable instruments that may be owned or held for collection by the corporation or trust company” (HRS 456-14[b]).
Spouse or Civil Partner: “A notary public shall not perform a notarial act with respect to a document to which the … notary public's spouse or civil partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this section is voidable” (HRS 456-14[b]).
Willingness and Mental Competence
Competence: See “Refusal of Services,” above for the authorization for a Notary to refuse notarial services for a person who is not competent.
“‘The notary should avoid being placed in the position of having to decide whether a person is sufficiently competent to fully understand the agreement the person is signing or the oath or affidavit the person is taking. The notary should either seek counsel from the notary’s own attorney or advise the party who appears to be incompetent to go to an attorney. If a person is declared to have been incompetent at the time the agreement was signed and notarized, the agreement could be declared null and void.’ Rotham (sic), supra, at p. 48” (NPM).Willingness: See “Refusal of Services,” above for the authorization for a Notary to refuse notarial services for a person who is not signing a record voluntarily.
Interlineations; Initialing Changes
Inspection: “Every notary public or the officer authorized to take acknowledgments to instruments, before taking any acknowledgment, shall first carefully inspect any instrument proposed to be acknowledged before the notary public or officer, and ascertain whether there are any interlineations, erasures, or changes in the instrument. If there are any interlineations, erasures, or changes, the notary public or officer shall call the attention thereto of the person offering to acknowledge the instrument. If they are approved, the acknowledging officer shall place the officer’s initials in the margin of the instrument opposite each interlineation, erasure, or change. The initialing by the officer taking the acknowledgment is prima facie evidence of the extent of the interlineations, erasures, or changes and of the fact that the same were made prior to acknowledgment of the instrument, but does not preclude proof to the contrary” (HRS 502-61).
“Before notarizing any document, the notary public should inspect the document and ascertain whether there are interlineations, erasures, or other changes. If there are changes, the notary should call them to the attention of the person who is signing the document. If the changes are approved, the notary public places the notary’s initials in the margin of the document opposite each interlineation, erasure, or change. (For the protection of the notary, it is also advisable to have the person who is signing the document initial each interlineation, erasure, or change.)
“It is our understanding that no document containing interlineations, erasures, or other changes will be recorded by the registrar of the State Bureau of Conveyances unless they are initialed by the notary. It is also our understanding that no document should be rejected for recording solely based on errors or inconsistencies in the certification statement required by HAR § 5-11-8” (NPM).Prohibition: “No instrument acknowledged in the State of Hawaii in which there are interlineations, erasures, or changes shall be recorded by the registrar, unless the same are duly initialed by the officer or officers taking the acknowledgment or acknowledgments to the same in the State of Hawaii” (HRS 502-63).
Absent Initials: Procedures for validating a document with an interlineation, erasure or other change but without an initial are described in HRS 502-50(b).
Notarizing While Impaired
A Notary may be disciplined for “being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature” (HAR 5-11-39[7]). A Notary also may be disciplined for “practicing as a Notary Public while the ability to practice is impaired by alcohol, drugs, or mental instability, or substantially impaired by physical disability” (HAR 5-11-39[8]).
Unauthorized Practice of Law
A notary public shall not … [p]rovide legal advice, unless the notary public is an attorney licensed to practice law in this State” (HAR 5-11-4.5[a][6]).
“‘The most important obligation a notary has to the public the notary serves is to judge what acts constitute the practice of law and what acts constitute 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 of 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.’ Rotham (sic), supra, at p. 28” (website, “Notary Public Commission Application Information and Instructions”).
Foreign-Language Documents
“As a general rule, ‘the notarization of a document that has been written 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.’ Rothman, supra, at p. 29” (website, “Notary Public Commission Application Information and Instructions”).
Foreign-Language Signers
“[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 the latter instance, the notary should refer the parties to another notary who speaks the foreign language of the parties, or to the foreign consulate, or to an attorney. The notary may also contact the Notary Public Program for a listing of bilingual notaries” (NPM).
Advertisements
Misrepresentation: A Notary may be disciplined by the Attorney General for “allowing the notary public’s name or title to be used deceptively, fraudulently, or in false or misleading advertising, or [for] making untruthful or improbable statements” (HAR 5-11-39[6]).
In-Person Electronic Notarial Acts
Applicable Law
Uniform Electronic Transactions Act: Hawaii has adopted its own version of the Uniform Electronic Transactions Act (HRS Chapter 489E), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, certified, acknowledged, verified, or made under oath or seal, the requirement is satisfied if the electronic signature or seal of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (HRS 489E-11).
Uniform Real Property Electronic Recording Act: Effective July 1, 2009, Hawaii has enacted its own version of the Uniform Real Property Electronic Recording Act (HRS 502-121 through 502-125). The Act enables registrars of the Hawaii Bureau of Conveyances to record land records in electronic format and authorizes Notaries to use electronic signatures in notarizing such electronic land records: “Any requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath shall be satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. It shall not be necessary to accompany an electronic signature with a physical or electronic image or a stamp, impression, or seal” (HRS 502-122[c]).
Hawaii Revised Statutes Chapter 456: Effective January 1, 2021, Hawaii enacted provisions for performing notarial acts with respect to electronic documents. The applicable provisions are summarized below.
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
Tamper-Evident Technology
Definition: “'Tamper-evident' means any change to an electronic document that displays evidence of the change” (HRS 456-1.6 “tamper-evident”).
Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic documents. No person shall require a notary public to perform a notarial act with respect to an electronic document using a technology that the notary public has not selected” (HRS 456-25[a]).
Remote Notarial Acts
Applicable Law
Hawaii Revised Statutes Chapter 456: Effective January 1, 2021, Hawaii enacted provisions for performing notarial acts for remotely located individuals. The applicable provisions are summarized below.
Hawaii Administrative Rules Chapter 5: Effective February 27, 2022, the Hawaii Attorney General adopted administrative rules for remote online notarization. The applicable rules are summarized below.
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
Self-Certification by Remote Notary: A remote online Notary applicant must certify in the application for a remote online Notary commission that the applicant has obtained a digital certificate from a qualified certificate authority or a trusted service provider to be used by the applicant in performing remote online notarizations and that the technologies named in the application are fully compliant with chapter 456, HRS, HAR Chapter 5 (HAR 5-11-62[b][7], [8]).
Personal Appearance: “A remotely located individual may comply with any law requiring the individual to appear personally before, or be in the presence of, a notary public at the time of the performance of a notarial act by using communication technology to appear before a remote online notary public” (HRS 456-23[a]; see also HAR 5-11-68).
Confirmation of Record: “A remote online notary public located in this State may perform a notarial act for a remotely located using communication technology if… [t]he remote online notary public is able reasonably to confirm that a document before the remote online notary public as the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (HRS 456-23[b][2]).
Communication Technology
Definition: “'Communication technology' means an electronic device or process that:
”(1) Allows a remote online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
“(2) When necessary and consistent with other applicable laws, facilitates communication between a remote online notary public and a remotely located individual who has a vision, hearing, or speech impairment” (HRS 456-23[i] “communication technology”).Requirements: “A remote online notary public may not perform a notarial act for a remotely located individual unless the technology identified by the remote online notary public satisfies all of the following:
“(1) Provides continuous synchronous audiovisual feeds;
“(2) Provides sufficient video resolution and audio clarity to enable the remote online notary public and remotely located individual to see and speak with each other simultaneously through live, real-time transmission;
“(3) Provides sufficient captured-image resolution for identity proofing;
“(4) Provides a means of authentication that reasonably ensures only authorized parties have access to the audiovisual record of the performed notarial act;
“(5) Provides for the recording of the remote online notarial act in compliance with this chapter in sufficient quality to ensure the verification of the remote online notarial act;
“(6) Ensures that any change to or tampering with an electronic record is evident after the electronic notary signature and notary seal have been affixed and the remote online notarial act has been;
“(7) Provides confirmation that the electronic record presented is the same electronic record notarized;
“(8) Provides the notary public with a means of electronically affixing the notary public’s notary seal, signature, and notarial certificate to the notarized document based on an electronic technology standard that utilizes public key infrastructure (PKI) technology from a PKI service provider that is X.509 compliant;
“(9) Provides an electronic-format notary journal that complies with the provisions of chapter 456, HRS, and this chapter to document the remote online notarial acts;
“(10) Provides that if a remotely located individual shall exit the workflow or if the workflow is interrupted for any reason, the remotely located individual shall restart the identity verification process under section 5-11-69 or 5-11-70 from the beginning; and
“(11) Provides security measures the attorney general deems reasonable to prevent unauthorized access to:
“(A) The live transmission of the audiovisual communication;
“(B) A recording of the audiovisual communication;
“(C) The verification methods and credentials used in the identity proofing procedure;
“(D) The electronic records presented for online notarization; and
“(E) Any personally identifiable information used in the identity proofing” (HAR 5-11-71[a]).Online Notary’s Duty: “The online notary public shall immediately cease performing remote online notarial acts and notify the attorney general if:
“(1) The technology no longer permits the remote online notary public to meet the requirements of chapter 456, HRS, or this chapter;
“(2) The vendor ceases to provide the technology, which met the requirements of this section;
“(3) The vendor has failed to protect from unauthorized access any information it is required to protect under chapter 456, HRS, this chapter, or any other laws in Hawaii; or
“(4) Any other grounds that may materially affect the ability of notaries public to meet the requirements of Hawaii law” (HAR 5-11-71[b]).
Principals Located Outside the U.S.: “A remote online notary public located in this State may perform a notarial act for a remotely located using communication technology if… [f]or a remotely located individual located outside the United States,
”(A) The document to be notarized:
”(i) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States;
”(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; or
”(iii) Involves a transaction with a bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, including a bank so insured and that is located in the Federated States of Micronesia, Republic of the Marshall Islands, or Republic of Palau; and
”(B) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (HRS 456-23[b][4]).Audiovisual Recording: For the requirement that a Notary who performs notarial acts for remotely located individuals keep a recording of each notarial act, see “Records of Notarial Acts,” below.
Notary Liability
“In the performance of a notarial act, a notary’s liability shall be limited to a failure by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act. The notary’s liability shall not be based on statements in a notarized document apart from the notarial certificate” (HRS 456-6[a]).
Validity of Notarial Acts
“Except as otherwise provided in section 456-14(b), the failure of a notary public to perform a duty or meet a requirement specified in this chapter does not validate or invalidate a notarial act performed by the notary public. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the document or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this State other than this chapter or based on the laws of the United States. This section shall not be deemed to validate a purported notarial act performed by a person who does not have the authority to perform notarial acts” (HRS 456-26).