Cheat sheet

Hawaii Notary Public Cheat Sheet

Commission & Application

Not publishedof exam

EligibilityBondFeesFiling

Notarial Acts & Duties

Not publishedof exam

AcknowledgmentOathJuratSignatureCopyProtest

Certificates & Identification

Not publishedof exam

CertificateVenueSatisfactory EvidenceCircuits

Journal, Seal & Fees

Not publishedof exam

Record BookSeal SpecsFee CapRetention

Remote Online Notary

Not publishedof exam

RONAudiovisualIdentity ProofingE-Journal

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

Administer oathsWitness signingAttest identityNote protests

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

  1. Signer wants free-act declarationAcknowledgment
  2. Signer must swear document trueJurat
  3. Need pledge without swearingAffirmation
  4. Need written sworn statementAffidavit
  5. Witness testimony for courtDeposition
  6. Payment refused on noteProtest

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

  1. Notary is a partyMust decline act
  2. Notary has beneficial interestMust decline act
  3. Notary is mere relativeMay notarize
  4. Notary is corp officerMay notarize, if not party
  5. Signer needs legal adviceRefer to attorney
  6. Document in foreign languageRefer 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

1st: Oahu, Kalawao2nd: Maui, Molokai, Lanai3rd: Hawaii Island only5th: Kauai, NiihauNo 4th circuit exists

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

  1. Notary knows signer wellPersonal knowledge
  2. Signer is a strangerSatisfactory evidence
  3. Remote signer, no personal IDRON two-factor proofing
  4. No valid photo ID for RONCredible witness
  5. Document altered after signingRefuse, report misrepresentation
  6. Interlineations presentNotary 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

Max 2 inch circleSerrated edge requiredName and number shown"Notary Public State of Hawaii"

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

$5 per act$2.50 extra duplicate$25 for RONNo charge oath of loyalty

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. 1.Passing score is 80 percent
  2. 2.Exam is closed-book, no notes
  3. 3.AG runs program, not SOS
  4. 4.Bond is $1,000 for 4 years
  5. 5.Commission term lasts four years
  6. 6.Seal: circular, max 2 inches
  7. 7.Journal retained for ten years
  8. 8.Standard fee capped at $5
  9. 9.RON fee capped at $25
  10. 10.Never notarize your own signature
  11. 11.Personal appearance is always required
  12. 12.No fourth judicial circuit exists
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