Commission & Application
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Notarial Acts & Duties
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Certificates & Identification
Not publishedof exam
Journal, Seal & Fees
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Remote Online Notary
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Quick Facts
- Exam
- Notary Public Commission
- Administrator
- Attorney General
- Format
- Closed-book written
- Pass
- 80%
- Questions/Time
- Not published
- Term
- 4 years
- Level
- Entry-level
- Manual
- Rev. April 2023
Eligibility Requirements
- Age
- 18 years minimum
- Residency
- Hawaii resident required
- Citizenship
- US citizen or national
- Work-authorized
- Alien authorized to work qualifies
- Non-resident
- Disqualified, no exception
- Application portal
- notary.ehawaii.gov account
Commission Terms
- Term length
- 4 years
- Appointing body
- Attorney General
- Renewal deadline
- Before expiration date
- Forfeiture
- Knowing failure to renew
- Restore window
- Within 1 year
- After 1 year lapse
- Reapply as new
- Change report
- Report change in writing
Bond & Commission Fees
- Surety bond
- $1,000 required
- Bond approval
- Circuit Court judge
- Application fee
- $20
- Exam fee
- $10 per attempt
- Commission issuance
- $100
- Renewal fee
- $100
- Restoration fee
- $80
- Name/address change
- $10
Filing & Authentication
- Filing required
- Photocopy of commission
- Filed with
- Circuit Court clerk
- Also filed
- Seal impression, signature specimen
- Authentication
- Clerk certifies notary's authority
- Used for
- Documents sent out-of-state
- Optional filing
- Any other circuit court
Notary Public Functions
Oath, Witness, Attest, Protest, Acknowledge
Acknowledgment vs Jurat
Acknowledgment
- Signer appears after signing
- Confirms it was free act
- No oath taken
Jurat
- Signer swears in front of notary
- Oath or affirmation required
- "Subscribed and sworn" clause
Pre-signed vs oath-signed
Which Notarial Act To Use
- Signer wants free-act declaration→Acknowledgment
- Signer must swear document true→Jurat
- Need pledge without swearing→Affirmation
- Need written sworn statement→Affidavit
- Witness testimony for court→Deposition
- Payment refused on note→Protest
Core Notarial Acts
- Acknowledgment
- Signer confirms free act
- Oath or affirmation
- Solemn pledge or affirmation
- Jurat verification
- Signer swears; notary certifies
- Signature witnessing
- Notary attests a signature
- Copy certification
- Notary attests a copy
- Protest
- Note protest of note
Oath vs Affirmation
Oath
- Invokes God or deity
- Affiant says swear
Affirmation
- No religious invocation
- Affiant says affirm
Religious vs secular pledge
Disqualifying Interest Check
- Notary is a party→Must decline act
- Notary has beneficial interest→Must decline act
- Notary is mere relative→May notarize
- Notary is corp officer→May notarize, if not party
- Signer needs legal advice→Refer to attorney
- Document in foreign language→Refer to fluent notary
Duties & Limitations
- Own signature
- Never notarize
- Beneficial interest
- Disqualifies notary
- Mere relationship
- Does not disqualify
- Corporate officer
- May notarize, if not party
- Personal appearance
- Always required, in person
- Phone notarization
- Absolutely forbidden
- Foreign language doc
- Must understand language
- Legal advice
- Unauthorized practice of law
Mercantile vs Maritime Protest
Mercantile Protest
- Bills, notes, checks
- Payment was refused
Maritime Protest
- Ship master's statement
- Storm or peril damage
Payment vs voyage damage
Violations & Penalties
- Unauthorized practice
- Misdemeanor charge
- Failure to verify ID
- Auto commission revocation
- Failure to authenticate
- Auto commission revocation
- Misrepresent, 1st degree
- Intent to mislead, profit
- Misrepresent, 2nd degree
- Intent to mislead only
- Overcharging fees
- Violation of law
- Notarizing own signature
- Prohibited, always
Judicial Circuits Order
1st Oahu, 2nd Maui, 3rd Hawaii, 5th Kauai
Personal Knowledge vs Evidence
Personal Knowledge
- Prior acquaintance
- No ID document needed
Satisfactory Evidence
- Photo ID required
- Signature comparison
Know signer vs verify ID
Identity Verification Picker
- Notary knows signer well→Personal knowledge
- Signer is a stranger→Satisfactory evidence
- Remote signer, no personal ID→RON two-factor proofing
- No valid photo ID for RON→Credible witness
- Document altered after signing→Refuse, report misrepresentation
- Interlineations present→Notary initials margin(Before signing)
Identity Verification
- Personal knowledge
- Prior acquaintance, certainty
- Satisfactory evidence
- Current photo ID document
- ID source
- US, state, or national govt
- ID must show
- Photograph and signature
- RON proofing
- Two ID methods minimum
- Credible witness
- RON identity alternative
Certificate & Venue
- Venue format
- State plus county/circuit
- Certificate signer
- Notary, signed and dated
- Certificate must show
- Name, seal, signature, jurisdiction, date
- Testimonium clause
- Hand and official seal
- 1st circuit
- Oahu and Kalawao
- 2nd circuit
- Maui, Molokai, Lanai
- 3rd circuit
- Hawaii Island only
- 5th circuit
- Kauai and Niihau
- No 4th circuit
- Does not exist
Seal Spec Recall
2 inches, circular, serrated, name plus number
Standard Fee vs RON Fee
Standard Act
- $5 per act
- Per party signing
RON Act
- $25 flat fee
- Remote signer only
In-person vs remote fee
Seal Specifications
- Shape
- Circular only
- Max diameter
- 2 inches
- Edge
- Serrated or milled border
- Seal text
- Name, number, title, state
- Seal count
- Only one type allowed
- Signature rule
- Match seal name exactly
- Surrender deadline
- 90 days after leaving
- Seal fine
- Up to $200
Fee Cap Recall
$5 standard, $2.50 extra copy, $25 remote
Seal Surrender vs Journal Retention
Seal
- Surrender within 90 days
- AG defaces it
Journal
- Notary keeps 10 years
- Subject to AG audit
Surrender vs retain
Record Book Requirements
- Cover
- Soft cover, bound
- Max size
- 11 by 16.5 inches
- Pages
- Consecutively numbered
- Entry: act info
- Type, date, time
- Entry: document
- Title, type, date
- Entry: parties
- Signature, name, address
- Entry: ID method
- Personal or satisfactory evidence
- Entry: fee
- Fee charged, if any
- Retention period
- 10 years
- Record fine
- $50 to $500
Notarial Act Fees (HRS 456-17)
- Acknowledgment
- $5 first, $2.50 extra
- Oath/affidavit
- $5 first, $2.50 extra
- Deposition/certificate
- $5 each
- Protest
- $5 each
- RON act
- $25 flat fee
- Oath of loyalty
- No charge
- Overcharging
- Violation of law
- Fee unit
- Per party signing
RON Fundamentals
- RON eligibility
- Active base commission required
- RON application
- Separate from base commission
- RON term
- Expires with base commission
- Notary location
- Must be in Hawaii
- Signer location
- Remotely located, anywhere
- AV recording
- Retained 10 years minimum
- Digital certificate
- Qualified authority required
- Authorizing law
- HRS 456-23, HAR 5-11
Common Traps
Acknowledgment ≠ Jurat
No oath required ≠ Oath is mandatory
Oath ≠ Affirmation
Invokes a deity ≠ Purely secular pledge
3rd Circuit ≠ Kauai
3rd is Hawaii Island ≠ Kauai is 5th circuit
Notary ≠ Attorney
Cannot draft legal documents ≠ Cannot give legal advice
Standard Fee ≠ RON Fee
Standard capped at $5 ≠ RON capped at $25
Relationship ≠ Beneficial Interest
Relation alone is allowed ≠ Financial interest disqualifies notary
Seal Surrender ≠ Journal Retention
Seal surrendered in 90 days ≠ Journal kept for 10 years
Last Minute
- 1.Passing score is 80 percent
- 2.Exam is closed-book, no notes
- 3.AG runs program, not SOS
- 4.Bond is $1,000 for 4 years
- 5.Commission term lasts four years
- 6.Seal: circular, max 2 inches
- 7.Journal retained for ten years
- 8.Standard fee capped at $5
- 9.RON fee capped at $25
- 10.Never notarize your own signature
- 11.Personal appearance is always required
- 12.No fourth judicial circuit exists
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