Hawaii - U.S. Notary Reference

Last Update: November 18, 2024

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]).

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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

1. Address: Department of Attorney General
   Notary Public Program
   425 Queen Street
   Honolulu, HI 96813

2. Phone: 808-586-1216

3. Website: http://ag.hawaii.gov/notaries-public/

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Hawaii Revised Statutes (HRS), Chapter 456, “Notaries Public” and Chapter 502, “Acknowledgments; Proof of Instruments.”

2. Rules: Rules regulating Notaries are set forth in the Hawaii Administrative Rules (HAR), Chapter 5-11, “Notaries Public.”

3. 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.

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Commission Process

1. 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]).

2. Course: Not required.

3. Exam: Required.

   1. 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.

   2. 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]).

   3. 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]).

4. Application

   1. 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.

   2. 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]).

   3. 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]).

   4. 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]).

   5. 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.

   6. 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]).

5. Background Screening: Not required.

6. 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]).

7. Circuit Court Filing

   1. 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]).

   2. 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).

   3. 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]).

8. Nonresidents: Nonresidents of Hawaii may not hold a Notary commission in the state (HRS 456-2).

9. Reappointment

   1. 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.

   2. 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]).

   3. 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]).

   4. 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]).

   5. 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

1. 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]).

2. Qualifications: “Only a notary public with an active commission may apply for a remote online notary public commission” (HAR 5-11-62([a]).

3. 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.

4. 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).

5. 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).

6. 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).

7. 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).

8. 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]).

9. 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

1. 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]).

2. Name Change

   1. 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]).

   2. 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]).

   3. Fee: The fee for a commission name change is $10 (HAR 5-11-46[a][10]).

   4. 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”).

3. Address or Employer Change

   1. 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]).

   2. 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]).

   3. Fee: The fee for a change in the Notary’s information is $10 (HAR 5-11-46[a][10]).

   4. 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.

4. 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]).

5. 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]).

6. 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]).

7. Resignation

   1. 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]).

   2. 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.

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Authorized Acts

1. Notarial Acts: Hawaii Notaries are authorized to perform the following notarial acts:

   1. Take acknowledgments (HAR 5-11-4 and HRS 502-50[a]);

   2. Administer oaths and affirmations (HAR 5-11-4 and HRS 456-13);

   3. Execute verifications on oath or affirmation (HRS 456-1.6 “notarial act” and “verification on oath or affirmation”);

   4. Take depositions (NPM);

   5. Witness the signing of documents (HAR 5-11-4 and NPM);

   6. Certify copies (HRS 456-1.6 “notarial act”) and copies of the Notary’s record (HRS 456-15[d], [i]);

   7. Note protests (HRS 456-10 through 456-12 and HAR 5-11-4).

2. Remote Notarial Acts: A Hawaii Notary who has been commissioned as a Remote Online Notary may perform the notarial acts listed above remotely.

Acknowledgments

1. Definitions

   1. 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).

   2. 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.

2. Requirements

   1. Voluntary Act: “The fundamental purpose of the acknowledgment is to insure the authenticity and voluntariness of the signature” (NPM).

   2. Identification: 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).

Oaths and Affirmations

1. 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).

2. Requirements

   1. 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).

   2. 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

1. Definitions

   1. 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”).

   2. 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).

   3. 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).

2. Requirements

   1. 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

1. “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).

2. 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]).

3. 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

1. 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).

2. 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).

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Personal Appearance

1. 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”).

2. Requirement

   1. 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)

   2. 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

1. Notarial Acts

   1. 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).

   2. 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]).

   3. 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]).

   4. 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]).

   5. 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]).

   6. 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]).

2. Remote Notarial Acts

   1. Definition

      1. “'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”).

   2. 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]).

   3. 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]).

   4. 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]).

   5. 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]).

   6. 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]).

   7. 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

1. Specific Grounds: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
   ”(1) The person executing the document is competent or has the capacity to execute the document;
   ”(2) The person's signature is knowingly and voluntarily made; or
   ”(3) The 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]).

2. 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]).

3. 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).

4. 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

1. 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]).

2. 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).

3. 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]).

4. 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

1. 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).

2. 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

1. 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).

2. 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).

3. 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).

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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

1. Applicable Law

   1. 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).

   2. 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]).

   3. 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.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Tamper-Evident Technology: “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]).
   “'Tamper-evident' means any change to an electronic document that displays evidence of the change” (HRS 456-1.6 “tamper-evident”).

Remote Notarial Acts

1. Applicable Law

   1. 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.

   2. 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.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

   3. 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]).

3. 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).

4. 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]).

5. Communication Technology

   1. 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”).

   2. 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]).

   3. 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]).

6. 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]).

7. 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).

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Certificate Requirements

1. General: “Every acknowledgment or jurat shall be evidenced by a certificate signed and dated by a notary public contemporaneously with the performance of the notarial act, as prescribed by chapter 456, HRS. The certificate shall include the printed name of the notary public, the expiration date, the notary seal of the notary public, and identification of the jurisdiction in which the notarial act is performed” (HAR 5-11-8).

2. Acknowledgments: “The certificate of acknowledgment shall state in substance that the person who executed the instrument appeared before the notary public granting the certificate and acknowledged or stated that the person executed the same, and that the person was personally known to the notary public granting the certificate to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be the party by the oath or affirmation of a credible witness known to the notary public whose name shall be inserted in the certificate or by other satisfactory evidence of identity under the laws of this State” (HRS 502-42).
   “It shall not be grounds for the rejection of any certificate, or for refusing to accept the instrument for record or in evidence, that the certificate fails to state that the person making the acknowledgment stated or acknowledged that the instrument was executed freely or voluntarily by the person or as the person’s free act and deed” (HRS 502-42).

3. Spelling of Names: “The notary should insert the name carefully, making sure that the name on the document or instrument agrees exactly with the name inserted in the acknowledgment. If the signer’s middle name is spelled out in the instrument, the notary should spell it out in the acknowledgment and make sure that the party signs the person’s full name exactly as it appears on the document” (NPM).

4. Attachment of Certificate by Another: A notary public shall not … [d]eliver a signed notarial certificate to another person and authorize that person to attach the certificate to a document outside of the notary public’s presence” (HAR 5-11-4.5[a][5]).

Certification Statement

1. Requirement: A law that took effect January 1, 2009 (Act 175, Session Laws Hawaii 2008), discourages fraudulent reattachment of notarial certificates: “A person commits the offense of failure to authenticate with a certification statement if the person is a commissioned notary public and knowingly notarizes a document and fails to 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;
   “(4) Identification or description of the document being notarized, placed in close proximity to the acknowledgment or jurat; and
   “(5) A statement of the number of pages and date of the document” (2009 HRS 456-D[a]).

2. 2021 Changes: Changes to HRS 456-21, effective January 1, 2021, modified the requirements for authenticating a notarial act with a certification statement. Under the new law, the following information must be included in the certification statement:

   1. Date of notarization;

   2. Notary Public’s signature;

   3. Notary Public’s printed name;

   4. Notary Public’s commission expiration date;

   5. Notary Public’s seal; and

   6. Jurisdiction in which the notarial act is performed.
      No longer required is including a description of the document notarized placed in close proximity to the jurat or acknowledgment, a statement of the number of pages, and the date of the document.

3. Penalty: Knowingly failing to include any of the above when notarizing a document — “Any person who violates this section [regarding the certificate statement] shall be guilty of a misdemeanor and shall be sentenced in accordance with Chapter 706” (HRS 456-21[c]). Conviction for this offense results in automatic commission revocation (HRS 456-21[d]). The Attorney General also may impose a $500 fine (HRS 456-9[c][4]).

4. Sample: The following rectangular sample “certification statement” includes the information as required by Chapter 20 of the Laws of 2020.
   _________ Notary Name
   _________ Circuit
   _________ Notary Signature and Date
   _________ Notary’s Commission Expiration Date
   NOTARY CERTIFICATION (Stamp or Seal)
   If the format above is used, then the Notary must affix his or her official seal and signature twice on the same document: once with the acknowledgment or jurat wording, and once on the “certification statement.”

5. Document Filed with Bureau of Conveyances: If a document will be filed with the Bureau of Conveyances, the certification statement must be as follows to comply with HRS 502-41 et seq. (NPH):
   Document Date: _________
   Pages: _________
   _________ Notary Name
   _________ Circuit
   Document Description: _________
   _________ (Stamp or Seal)
   _________ Notary Signature
   _________ Notary’s Commission Expiration Date
   The forms of acknowledgment from HRS 502-14 et seq. below are shown with the certification statement to be used if filing with the Bureau of Conveyances.

6. Undated Document: “What should I write on the certificate for the date of a document that is undated? — You should write ‘undated at time of notarization’” (website, “FAQs about the New Notary Rules”).

7. Statement on Separate Page: “It is best to include the description of the document on the same page and in ‘close proximity’ to or included in the acknowledgment or jurat. If you use a separate certificate, and there is no room for that certificate on the page on which the acknowledgment or jurat is contained, indicate on that page that there is a notary certificate on the next page, such as by typing: ‘Notary Certificate on next page’” (website, “FAQs about the New Notary Rules”).
   “If the certificate is separate from the jurat or acknowledgment itself, it needs to be separately sealed or stamped” (website, “FAQs about the New Notary Rules”).

8. Certification Within Jurat, Acknowledgment: “The information can be included within the jurat/acknowledgment itself (for example, one form of a particular type of notarization could be: "This document dated , was subscribed and sworn to before me this ____ day of _______, 2022, in the First Circuit of the State of Hawaii, by John H. Doe.")” (website, “FAQs about the New Notary Rules”).
   “There is not, however, only one acceptable form or format for the certificate, as long as the information specified in the rule is provided” (website, “FAQs about the New Notary Rules”).

Certificate Forms

* If No Corporate Seal Exists: “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 the corporation has no corporate seal’” (NPM). The Notary should also line out and initial the ensuing words “and sealed.”

Notary Should Verify Authority: “An acknowledgment 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 the attorney is in full force and effect” (NPM).

If Power of Attorney Not Recorded: “In case the enabling power of attorney has not previously been recorded, omit the reference to its place of record and insert in lieu thereof the words ‘which power of attorney is now in full force and effect’” (HRS 502-41[4] and [5]]).

Venue

All notarial certificates must include the venue — that is, the place in which the notarial act occurs (HRS 502-41 and HAR 5-11-8). Hawaii’s “Notary Public Manual” interprets this requirement as follows: “Because a notarial certificate usually requires a notary to indicate thereon the venue or location of the notarial act, a notary should be aware that the State is divided into four judicial circuits (HRS § 603-1), for venue purposes, as follows:

1. The first judicial circuit is the island of Oahu and all other islands belonging to the State not hereinafter mentioned, and the district of Kalawao on the island of Molokai [Designated venue ‘City and County of Honolulu’];

2. The second judicial circuit includes the islands of Maui, Molokai (except the district of Kalawao), Lanai, Kahoolawe, and Molokini [Designated venue ‘County of Maui’];

3. The third judicial circuit is the island of Hawaii [Designated venue ‘County of Hawaii’]; and

4. The fifth judicial circuit includes the islands of Kauai and Niihau [Designated venue ‘County of Kauai’].”*

* There is no fourth judicial circuit.

Remote Notarial Certificate

1. Indication of Remote Act: “If a notarial act is performed under this section, any certificate of notarial act required by this chapter or other laws of this State shall indicate that the notarial act was performed using communication technology” (HRS 456-23[c]).

2. Remote Acknowledgments: “If the person who executed the instrument appeared before a notary public as a remotely located individual under section 456-23, then the certificate shall indicate that the notarial act was performed using communication technology in a manner provided in section 456-23” (HRS 502-42).

   “The electronic notarial certificate shall comply with sections 456-21 and 456-23, HRS, the form of certificate provided in section 502-41, HRS, if applicable, or the form of certificate provided by other applicable law, and this chapter, and shall indicate that the notarial act was performed using communication technology” (HAR 5-11-72[d]).

3. Sufficiency of Certificate of Remote Act: “A form of certificate of notarial act subject to this section and authorized by the laws of this State, including a certificate of acknowledgment provided in [HRS] section 502-41, is sufficient if it:
   ”(1) Complies with rules adopted under this section; or
   ”(2) Is in the form authorized by the laws of this State and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology’” (HRS 456-23[d]).

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Definition

Stamping Device: “'Stamping device' means:
“(1) A physical device capable of stamping or impressing upon a tangible document a notary seal; or
“(2) An electronic device or process capable of attaching to, or logically associating with, an electronic document a notary seal” (HRS 456-1.6 “stamping device”).

Seal Requirement

1. Notarial Acts: Required.
   “Every notary public shall constantly keep a rubber stamp notary seal…. The notary public shall authenticate all the notary public’s official acts, attestations, certificates, and instruments therewith” (HRS 456-3; see also HAR 5-11-5[b]).

2. In-Person Electronic Notarial Acts: Required (HRS 456-21[b]).
   “If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in this section, an official stamp shall be attached to or logically associated with the certificate” (HRS 456-21[b]).

3. Remote Notarial Acts: Required.
   “In addition to the rubber stamp notary seal required for all notaries public pursuant to section 456-3, HRS, and section 5-11-5, a remote online notary public shall obtain and keep one or more electronic stamping devices” (HAR 5-11-72[a]).

4. Electronic Real Property Records: Not required.
   “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]).

Seal Format

1. Notarial Acts

   1. Rubber Inked Stamp: Each Notary must “constantly keep a rubber stamp notary seal …” (HRS 456-3).

   2. Shape/Size: The Notary’s seal or stamp must be circular, not over 2 inches in diameter, with “a serrated or milled edge border” (HAR 5-11-5[c]).

   3. Components: Effective May 5, 2008, only the following four components may appear in the seal (HRS 456-3 and HAR 5-11-5[a]):

      1. Notary’s name;

      2. Notary’s Commission number;

      3. The words “Notary Public”;

      4. The words “State of Hawaii.”
         (According to the Attorney General’s office, the Notary’s commission expiration date may not appear in the seal or stamp.)

   4. Failure to Maintain Seal or Stamp: For failure to maintain a seal or stamp as described above, the Attorney General may impose a fine of $20 (HRS 456-9[c][1]).

2. In-Person Electronic Notarial Acts: “Every notary public shall constantly keep a … notary seal which shall clearly show … when attached to or logically associated with an electronic document, only the notary public’s name, the notary public’s commission number, and the words, “notary public” and “State of Hawaii”. The notary seal shall be capable of being copied together with the document … with which it is logically associated” (HRS 456-3).

3. Remote Notarial Acts: “An electronic stamping device shall consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union. A remote online notary public shall attach or logically associate the remote online notary public’s electronic signature and electronic notary seal to an electronic document that is the subject of a notarial act for a remotely located individual by use of a digital certificate. A remote online notary public may not perform a notarial act for a remotely located individual if the digital certificate:
   “(1) Has expired;
   “(2) Does not comply with section 5-11-71;
   “(3) Is invalid; or
   “ (4) Is incapable of authentication at the time the notarial act is performed” (HAR 5-11-72[a]).
   “Prior to the application of a digital certificate on an electronic document, the remote online notary public shall apply their electronic signature, notarial certificate, and electronic notary seal, that, when logically associated with an electronic document, shall contain the name of the notary public, the commission number of the notary public, and the words ‘notary public’ and ‘State of Hawaii’” (HAR 5-11-72[b]).

Example

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals (shaded) which are allowed by Hawaii law. Other circular formats may also be permitted.

Open

Traditional Seal

Open

Electronic Seal

Filing Seal and Signature

1. Circuit Court: “Each person commissioned a notary public under this chapter shall forthwith file a literal or photostatic copy of the person’s commission, an impression of the person’s tangible seal, and a specimen of the person’s official signature with the clerk of the circuit court of the circuit in which the notary public resides. Each person commissioned a notary public under this chapter may also, at the person’s option, file the above-named documents with the clerk of any other circuit court” (HRS 456-4[a]).

2. New Seal: “Do I need to submit an impression of my new seal or stamp to the Circuit Court where I reside? Yes. Haw. Rev. Stat. § 456-4 requires that each notary file an impression of the notary's seal/stamp with the Circuit Court where the notary resides. You will need to file an impression of your new seal or stamp with the Circuit Court to replace the impression of your old seal or stamp that you now have on file with the Circuit Court. You should also mail or hand-deliver an impression of your new seal or stamp to the Department of the Attorney General Notary Public Office at 425 Queen Street, Honolulu, HI 96813, for our files”(website, “FAQs about the New Notary Rules”).

One Seal/Stamp Only

“Am I allowed to have more than one notary seal? – No, you're allowed to have only one seal, one rubber stamp seal. If you possess more than one seal, you must turn in the one you won't be using to our office” (website, “Online Notary Public”>“Help”>“FAQs”).
A Notary who possesses more than one rubber stamp Notary seal at a time may be fined $200 (HAR 5-11-46[b][9])

Loss, Misplacement, Theft of Seal or Stamp

Within 10 days after a loss, misplacement or theft of a Notary’s seal or stamp, the Notary must send a written notice to the Attorney General. In the case of theft, the Notary must also inform the appropriate law enforcement agency and deliver to the Attorney General a copy of the law enforcement agency’s report of the theft. Failure to do so will result in a $20 administrative fine (HAR 5-11-18 and 5-11-46[b][3]).

Disposition of Seal/Stamping Device

1. Traditional Seal: “Upon resignation, death, expiration of term of commission without renewal, or revocation or abandonment of commission, the notary public, or in the case of the death of the notary public, the notary public’s personal representative, shall immediately deliver the notary public’s seal to the attorney general who shall deface or destroy the same” (HRS 456-3).

   1. Fine: If any notary fails to comply with this section within ninety days of the date of the notary’s resignation, expiration of term of office without reappointment, or removal from or abandonment of office or if the notary’s personal representative fails to comply with this section within ninety days of the notary’s death, then the notary public or the notary’s personal representative shall forfeit to the State not more than $200, in the discretion of the court, to be recovered in an action to be brought by the attorney general on behalf of the State (HRS 456-9[b][2] and HAR 5-11-5[e] and 5-11-17[a], [b], and [d]).

   2. Reissuance of Commission Barred: With reference to any living Notary, failure to surrender the seal within the 90-day time limit “shall preclude the reissuance of a notary public’s commission. Strict compliance … shall be a condition for the reissuance of a notary public’s commission” (HAR 5-11-17[d]).

2. Electronic Stamping Device: “If a notary public has used an electronic stamping device, upon resignation, death, expiration of term of commission without renewal, or revocation or abandonment of commission, the notary public, or in the case of the death of the notary public, the notary public’s personal representative, shall disable the electronic stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable and shall submit a declaration to the attorney general that the electronic stamping device was disabled and indicate the date and manner in which the device was disabled” (HRS 456-3).
   Failure to disable the electronic stamping device within 90 days of resignation, revocation of commission, or the expiration of a term without renewal shall result in a fine of $200 (HRS 456-9[c][3]).

Electronic Notary Seal, Stamping Device

1. Third-Party Technology Provider: “The remote online notary public shall use technology from a third-party provider of the communication technology for an electronic stamping device, electronic signature, electronic notary seal, and electronic notarial certificate” (HAR 5-11-72[c]).

2. Security of Electronic Stamping Device: “A remote online notary public shall safeguard and maintain sole control of the remote online notary public’s electronic notary seal and electronic stamping device by means of use of a password or other secure method of authentication” (HAR 5-11-72[e]).

3. Disposition of Electronic Stamping Device: “Upon resignation from, or revocation or abandonment of, a commission, or the expiration of a commission without renewal, the remote online notary public shall destroy or disable the remote online notary public’s electronic stamping device, including but not limited to, any coding, disk, digital certificate, card, software, or password, that enables the notary public to attach the electronic notary seal to an electronic record. The remote online notary public shall submit a declaration to the attorney general within ninety days of resignation from, or revocation or abandonment of, a commission, or the expiration of a commission without renewal in which the remote online notary public declares that the electronic stamping device was disabled and indicates the date and manner in which the electronic stamping device was disabled. Failure to comply with this section may result in an administrative fine of $200” (HAR 5-11-72[f]).

Notary Signature

“A notary public shall sign on every notarial certificate, at the time of notarization, the notary public’s official signature as filed with the clerk of the circuit court in the circuit in which the notary public resides and as the notary public’s name appears on the notary public’s seal” (HAR 5-11-6[a]).

“A notary must sign the notary’s official signature in the same manner as it appears on the notary’s seal. For example, if the notary’s name is ‘John Doe’ on the notary’s seal, he signs in the same form: i.e., ‘John Doe’ and not ‘J. Doe’” (NPM).

Name, Expiration Date, Title

1. Requirement: “The notary public … shall always add to an official signature the typed or printed name of the notary public and a statement showing the date that the notary public’s commission expires” (HRS 456-3; see also HAR 5-11-6[b]).

2. In Addition to Name in Seal: The name in the Notary seal or stamp does not suffice as the required “typed or printed name”; this name must be affixed apart from the seal or stamp (NPM).

3. Title: The title of the notarizing officer, whether “Notary Public” or other official, must also appear on the notarial certificate (HRS 502-41).

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Records Requirement

1. Journal

   1. Notarial Acts: Required.
      “A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (HRS 456-15[a]); see also HAR 5-11-9[a]).

   2. In-Person Electronic Notarial Acts: Required (HRS 456-15[a]); see also HAR 5-11-9[a]).

   3. Remote Notarial Acts: Required.
      “In addition to the tangible journal required of all notaries public pursuant to section 456-15, HRS, a remote online notary public shall retain an electronic journal as required under section 456-15, HRS, and this chapter and any audiovisual recording created under section 456-23, HRS, in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The electronic journal and audiovisual recording shall be maintained and retained in an industry-standard audiovisual file format that can be viewed by the attorney general without the need for additional software. An electronic journal kept by the remote online notary public and the audiovisual recording created pursuant to this subchapter are not subject to the requirements of [HAR] section 5-11-9” (HAR 5-11-73[a]).

2. Recording of Remote Notarial Acts: Required.
   “A remote online notary public located in this State may perform a notarial act for a remotely located individual using communication technology if… [t]he remote online notary public, or a person acting on behalf of the remote online notary public, creates an audiovisual recording of the performance of the notarial act” (HRS 456-23[b][3]).

One Journal At a Time

“A notary public shall maintain only one tangible journal at a time to chronicle all notarial acts performed regarding tangible documents and one electronic journal at a time to chronicle all notarial acts performed regarding electronic documents” (HRS 456-15[b]).

Journal Format

1. Paper or Electronic: “A journal may be created on a tangible medium or in an electronic format” (HRS 456-15[b]).

2. Paper Journal

   1. Permanently Bound: “If the journal is maintained on a tangible medium, it shall be a permanent, bound register…” (HRS 456-15[b]).

   2. Numbered Pages: “If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages” (HRS 456-15[b]).
      “The pages of the record book shall be consecutively numbered” (HAR 5-11-9[c]).

   3. Cover and Dimensions: “The record book shall be bound with a soft cover and shall not exceed eleven inches in height and sixteen and one-half inches in width when fully opened” (HAR 5-11-9[b]).

   4. Notary Information: “The notary public shall always provide and print legibly on the information page of each tangible journal the notary public’s name, business address, commission number, commission expiration date, journal number, and the beginning and ending dates of the notarial acts recorded in that journal” (HAR 5-11-9[d]).

   5. Name and Title: “The notary public shall always print legibly the notary public’s name on the top left corner and the notary public’s commission number on the top right corner of each set of pages of transactions in each tangible journal” (HAR 5-11-9[e]).

3. Electronic Journal: “ If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with all rules adopted by the attorney general pursuant to this chapter” (HRS 456-15[b]).

4. Backup of eJournal: “A remote online notary public shall take reasonable steps to ensure that a backup of the electronic journal and audiovisual recording exists and is secure from unauthorized use” (HAR 5-11-73[b]).

Journal Entries

1. Required Entries: “An entry in a journal shall … contain the following information:
   ”(1) The type, date, and time of day of the notarial act;
   ”(2) The title or type and date of the document or proceeding and the nature of the act, transaction, or thing to which the document relates;
   ”(3) The full printed name and address of each person whose signature is notarized and of each witness and, if the journal is maintained in a tangible medium, the signature of that person;
   ”(4) If the identity of the person is based on personal knowledge, a statement to that effect;
   ”(5) If the identity of the person is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the identification number and date of expiration of any identification credentials; and
   ”(6) The fee, if any, charged by the notary public” (HRS 456-15[e]).

2. Each Act Individually Recorded: “This means that each notarial act, including notarizations of multiple copies of the same document, must be individually recorded in the notary public's record book, without exception” (website, “Online Notary Public”>“Help”>“FAQs”).

3. Penalty: For failure to keep such a journal as described above, the Attorney General may impose a fine of $200 (HRS 456-9[c][5]).

Contemporaneous Entry

“An entry in a journal shall be made contemporaneously with performance of the notarial act” (HRS 456-15[e]).

Inspection and Copies of Records

1. Photographed, Microphotographed, Filmed: “A notary public having the care and custody of the journal may cause the same to be photographed, microphotographed, reproduced on film, or copied to an electronic format. Any device or electronic storage system used to copy or reproduce the journal shall accurately reflect all details of the information in the original thereof” (HRS 456-15[c]).

2. Open to Inspection: “The [notarial] records, both while in the custody of the acknowledging officer and after... filing [with the attorney general], shall be open at all reasonable times to the inspection of any responsible person, without fee or reward” (HRS 502-73).

3. Attorney General Fee for Journal Copies: The Attorney General may charge $5 for certification of each notarial transaction in a notary’s journal that is in the possession of the Attorney General, with an additional 25 cents charged for each copied page (HAR 5-11-46[a][12] and [13]).

Retention of Records

1. Paper Journal: “The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal” (HRS 456-15[a]; see also HAR 5-11-9[f]).

2. Electronic Journal; Recordings: “The remote online notary public shall retain the remote online notary public’s electronic journal and audiovisual recording for ten years after the performance of the last notarial act chronicled in the journal. The notary public shall provide to the attorney general the location of the electronic journal upon resignation from, or revocation or abandonment or suspension of, a commission, or the expiration of a commission without renewal” (HAR 5-11-73[f]).

Audit of Records

1. Paper Journal: “The journals are subject to any reasonable periodic, special, or other audits or inspections by the department of the attorney general, within or without the State, as the attorney general considers necessary or appropriate. An audit or inspection may be made at any time and without prior notice. The department of the attorney general may copy, and remove for audit or inspection copies of, all records that the department of the attorney general reasonably considers necessary or appropriate to conduct the audit or inspection. If any notary public fails to comply with this section, the notary public shall be subject to an administrative fine of no less than $50 nor more than $500” (HRS 456-15[j]; see also HAR 5-11-9[f]).

2. Electronic Journal, Recordings: “At any time, the electronic journal and audiovisual recording shall be subject to reasonable periodic, special, or other audits or inspections by the department as required under section 456-15, HRS” (HAR 5-11-73[e]).

Lost or Stolen Journal

“Within ten days after loss, misplacement, or theft of the notary public’s notary seal or journal or both, a notary public shall transmit 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 with this section shall result in an administrative fine of $20” (HAR 5-11-18).

Disposition of Journal, Audiovisual Recordings

1. Resignation, Expiration, Revocation, Suspension: “On resignation from, or the expiration, revocation, or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with this section and provide to the attorney general the location of the journal” (HRS 456-15[g]).
   “The notary public shall provide to the attorney general the location of the journal upon resignation from, or revocation, abandonment, or suspension of the notary public’s commission, or the expiration of a commission without renewal” (HAR 5-11-9[f]).

2. Death or Adjudication of Incompetency: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the attorney general or a repository approved by the attorney general” (HRS 456-15[h]).

3. Retention by Employer: “Although your former employer may have paid for your bond or commission fees, the notary commission is personal to you not your employer. You are personally responsible for the safekeeping of your seal or stamp, and notary book. You may not ‘pass it on’ or transfer your record book to anyone, including your former employer. The only time you should give up possession of your stamp or seal, and record books is when you surrender them to [the Attorney General’s office] upon resignation or the end of your commission term” (website, “FAQs about the New Notary Rules”).

4. Audiovisual Recordings: “A remote online notary public; guardian, conservator, or agent of a remote online notary public; or personal representative of a deceased remote online notary public shall retain any audiovisual recording created under this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by a rule adopted under this section, the recording shall be retained for a period of no less than ten years after the recording is made” (HRS 456-23[e]).

5. Repositories: “A remote online notary public, a guardian or personal representative of a remote online notary public, or any other person knowingly in possession of an electronic journal or audiovisual recording may, by written contract, engage a third person to act as a repository to provide the storage required by this chapter. A third person under a contract pursuant to this subsection shall be deemed a repository under chapter 456, HRS. The contract shall:
   “(1) Enable the notary public, the guardian or personal representative, or the person in possession to comply with the retention requirements of chapter 456, HRS, and this chapter, even if the contract is terminated; or
   “(2) Provide that the information will be transferred to the attorney general in an industry-standard data storage device that is readable without the need for additional software or password or cryptographic process upon the attorney general’s request or if the contract is terminated” (HAR 5-11-73[d]).

Loss, Misplacement or Theft of Journal

1. Notification: “If a notary public’s journal is lost or stolen, the notary public shall promptly notify the attorney general upon discovering that the journal is lost or stolen” (HRS 456-15[f]).

2. Time Limit: Within 10 days after a loss, misplacement or theft of a Notary’s record book, the Notary must send a written notice to the Attorney General. In the case of theft, the Notary must also inform the appropriate law enforcement agency and deliver to the Attorney General a copy of the law enforcement agency’s report of the theft. Failure to do so will result in a $20 administrative fine (HAR 5-11-18 and 5-11-46[b][3]).

Other Notarial Officers

“All judges and other officers authorized by law to take acknowledgments to instruments, besides the certificate of acknowledgment indorsed upon the instrument, shall keep a record of every acknowledgment in a book of records. Each record shall set forth at least the date of acknowledgment, the parties to the instrument, the persons acknowledging, the date, and some memorandum as to the nature of the instrument acknowledged” (HRS 502-71).

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Maximum Fees

1. Notarial Acts: The maximum fees that Hawaii Notaries may charge for notarial acts are (HRS 456-17[1]-[7]):

   1. Taking an acknowledgment: $5 per signer for one original and one duplicate original; plus $2.50 per signer for every duplicate original beyond the first;

   2. Administering an oath, including preparing a certificate: $5 for one original and four duplicate originals, if needed; plus $2.50 for every duplicate original beyond four;

   3. Taking a deposition: $5 for each certificate;

   4. Preparing any other official certificate: $5;

   5. Executing a protest: $5 for noting protest of commercial paper, or any other protest; $5 for each notice and certified copy of the protest.
      For administering a loyalty oath to a government employee or official, a Notary may not charge a fee (NPM).
      “A notary may charge less than the statutory fees for the notary’s acts” (NPM).

2. Remote Notarial Acts: For any of the notarial acts described above that are performed for a remotely located individual under HRS 456-23, other than affixing a Notary Public's certificate to a duplicate original, $25 (HRS 456-17[8]).

Other Charges

“The notary may make further charges for unofficial services, but the charging of a round sum for notarial and other services together is not permissible” (NPM).

Discriminatory Fee Practices

“The Notary shall not … [b]ase the charging of a fee for performing a notarial act or the amount of the fee on 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][2]).

Waiving Fee

None of the prohibitions above against discriminating in charging Notary fees may be construed to prohibit reducing or waiving a fee at the notary public’s discretion, provided that doing so is not done for an unlawful or discriminatory purpose (HAR 5-11-4.5[c]).

Income Tax License

“A notary who charges for the notary’s official services must secure a State gross income tax license. Fees collected by the notary are subject to the State general excise tax” (NPM).

Government Notaries

1. Government Matters: Specially appointed government Notaries may not charge in notarizing for government matters (HRS 456-18[3]).

2. Non-Government Matters: If urgent necessity requires government Notaries to notarize in nongovernmental matters, government Notaries may perform the notarial act(s) and must charge the standard fee for the notarial act(s), and these fees must be handed over to the state. Government Notaries may, with prior approval of the Attorney General, pay for their own commission and bond, in which case they may charge for notarizing in nongovernmental matters (HRS 456-18[3]).

Public Library Notaries

“The state librarian shall … [h]ave the ability to designate one or more of the public library’s subordinates to be a notary public pursuant to section 456-18. Notwithstanding section 456-18, the designated subordinates, upon duly qualifying and receiving commissions as notaries public in government services, may administer oaths or take acknowledgements in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and deposited into the library fee for enhanced services special fund …” (HRS 312-21[a][2]).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules prohibiting or restricting the operation of Notary Signing Agents within the state of Hawaii.

Charging “Round Sums”

Note above under “Notary Fees” (i.e., “Other Charges”) that “the charging of a round sum for notarial and other services together is not permissible” (NPM).

Recording Requirements

“All instruments to be recorded shall include the original signature and the top three and one-half inches of space of the first page shall be reserved for recording information for the assistant registrar on the left half of such space, and for the registrar of conveyances on the right half of such space. The following one inch of space shall be reserved for information showing to whom the document should be returned beginning one and one-half inch from the left margin and not exceeding three and one-half inches per line. In addition, the first page shall identify and include, if possible, all names of the grantors and all names and addresses of the grantees, the type of document, and the tax map key number. Indorsements, if any, may be made on a conforming fly sheet. No papers or materials, written or otherwise, shall be secured or attached to a page in any manner that may conceal any other written text. If an instrument consists of more than one page, each page shall be single-sided sheets of written text numbered consecutively, beginning with number one, and shall be stapled once in the upper left corner. No instrument shall have a cover or backer attached. The registrar of conveyances shall be permitted to remove any rivets affixed to any instrument. The registrar may refuse to accept all instruments, papers, or notices presented for recordation that will not reproduce legibly under photographic, electronic, or electrostatic methods. Notwithstanding any other law to the contrary, the registrar may accept an electronic instrument in lieu of an original instrument with original signatures subject to the requirements set forth in rules adopted by the department of land and natural resources consistent with this section and chapter 489E” (HRS 502-31[e]).

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Proofs or Acknowledgments Outside Hawaii

“The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without the State and within any other state, territory, district, or dependency of the United States, may be made before any officer of the state, territory, district, or dependency authorized by the laws thereof to take proof and acknowledgment of deeds and when so taken, and when the certificate of acknowledgment is in a form sufficient to entitle deeds of real property to be recorded in the appropriate office for recording in such state, territory, district, or dependency or in the form provided or permitted by any of sections 502-41 to 502-43, shall be entitled to be recorded and may be read in evidence in the State. The signature of such officer constitutes prima facie evidence that the acknowledgment is taken in accordance with the laws of the place where made and of the authority of the officer to take the acknowledgment. If the record of any such instrument, or a transcript thereof, is used in evidence in any proceeding the burden shall be on the party relying on such record to prove that the instrument was duly executed, in any proceeding where such fact is asserted by such party and is in dispute. The burden may be met by proof made in the manner provided in section 502-46” (HRS 502-45).

Proofs or Acknowledgments Outside the United States

“The proof or acknowledgment of any deed or other instrument required to be proved or acknowledged in order to entitle the same to be recorded or read in evidence, when made by any person without the United States may be made by:
”(1) Any officer now authorized thereto by the laws of the State;
”(2) Any officer of the United States diplomatic or consular service, resident in any foreign country or port, when certified by the officer under the officer’s seal of office; and
”(3) Any person authorized by the law of any foreign country to take such acknowledgment or proof, when such acknowledgment or proof is accompanied by a certificate to the effect that the person taking the same is duly authorized thereto and that such acknowledgment or proof is in the manner prescribed by the laws of the foreign country or by treaty or international agreement of the United States. The certificate may be made by a diplomatic or consular officer of the United States under the seal of the officer’s office, or by a diplomatic or consular officer of the foreign country, resident in the State, under the seal of the officer’s office with the signature or facsimile of the signature of the diplomatic or consular officer of the United States. For the purposes of this section diplomatic or consular officer includes any minister, consul, vice-consul, charge d’affaires, consular, or commercial agent, or vice-consular or vice-commercial agent” (HRS 502-47[a]).

Military Officers: “Proof or acknowledgment may be made by any person in the armed forces of the United States, or by any person without the United States, before any officer of the armed forces authorized by Congress to exercise the powers of a notary public. The signature without seal of any officer acting as such notary public is prima facie evidence of the officer’s authority” (HRS 502-47[b]).

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Circuit Court Clerk

Locally, an authenticating certificate for a Hawaii Notary may be obtained at the office of any clerk of the circuit court where the Notary has filed a copy of his or her commission and specimens of his or her seal and signature. Notaries must file these items with the circuit court of the circuit in which the Notary resides but may also, at their discretion, file them with the clerk of any other circuit court (HRS 456-4). As a result, it may be possible to obtain an authenticating certificate for a given Notary in more than one county.

Fee: Circuit court fees for issuing a certificate of authentication are set by the Hawaii Supreme Court (HRS 456-9[b]). Currently, there is a $3 fee for authenticating each notarized document (Hawaii State Judiciary website, “Circuit Court Filing Fees and Costs”).

Lieutenant Governor

Authenticating certificates validating the acts of Notaries, including apostilles, are also issued by the Hawaii Lieutenant Governor, but only after each notarial act has first been authenticated by a circuit court clerk. Such “general” documents as school diplomas, unrecorded powers of attorney, agreements, bylaws, transcripts, unrecorded conveyances and unprobated wills may be signed, notarized and authenticated by the local circuit court clerk and then by the Lieutenant Governor; however, such “public” documents as birth, death and marriage certificates and divorce decrees may be attested only by personnel in Hawaii’s Department of Health, Vital Records before authentication by the Lieutenant Governor. “The Office of the Lieutenant Governor reserves the right to deny applications for Apostilles and Certifications that appear to be contrary to State or federal law, interest, or policy, or intended to be used for improper or illegal purposes” (Lieutenant Governor’s website, “Apostilles and Certifications”).

1. Address
   Office of Lieutenant Governor
   State Capitol, 5th Floor
   415 S. Beretania St.
   Honolulu, HI 96813

2. Phone: 808-586-0255

3. Website: https://ltgov.hawaii.gov/application-for-apostille-or-certification-of-documents

4. Email: ltgov.help@hawaii.gov

5. Procedure

   1. Application: The first step is to complete and sign the “Application for Apostille or Certification of Documents,” which indicates the country of destination and may be downloaded from the Lieutenant Governor’s website (website, “Application for Apostilles or Certification of Documents”).

   2. Mail and In-Person Requests: Mail or present in person the application and the original notarized document(s), along with the attached circuit court certificate(s) of authentication and the appropriate fee. “If you would like to pick-up the request upon completion, please select the “Pick-Up” option and provide a local, toll-free telephone number to be contacted for pick-up. If you would like the request to be mailed upon completion, please select the “Mail” option and provide a self-addressed stamped envelope via USPS is preferred for return” (website, “Application for Apostilles or Certification of Documents”).

   3. Fee: $1 (cashier’s check or money order; no personal checks accepted) per document for either an apostille or an authenticating certificate (website, “Application for Apostilles or Certification of Documents”).

   4. Processing Time: 7-10 days (website, “Application for Apostilles or Certification of Documents”).

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