Key Takeaways
- The Attorney General may audit or inspect notary records at any time
- Failure to comply with audit within 90 days = fine of $50-$500
- Records include journal, seal impressions filed, and commission documents
- Upon death, the personal representative must safeguard notary records
- Certified copies of journal entries available for $5 per transaction
Last updated: January 2026
Record Keeping and Audits
Hawaii notaries must maintain proper records and make them available for inspection by the Attorney General.
Attorney General's Audit Authority
The Attorney General has the authority to:
- Audit notary records at any time
- Inspect journals and documents
- Request copies of records
- Investigate complaints
- Verify compliance with laws and rules
Records Subject to Audit
| Record Type | Retention Period |
|---|---|
| Journal | 10 years after last entry |
| Commission certificate | Duration of commission |
| Seal impressions | On file at Circuit Court |
| Correspondence with AG | As appropriate |
| RON recordings | Per AG requirements |
Compliance Requirements
Response Timeline
| Request Type | Required Response |
|---|---|
| AG audit request | Within 90 days |
| Subpoena | As specified in subpoena |
| Law enforcement request | With proper legal process |
Failure to Comply
| Violation | Consequence |
|---|---|
| Failure to comply with audit within 90 days | Fine of $50-$500 |
| Obstruction of audit | Additional penalties possible |
| False statements in audit | Potential criminal liability |
Certified Copies
Notaries may provide certified copies of journal entries:
| Service | Fee |
|---|---|
| Certification of notarial transaction from journal | $5 per transaction |
Certified copies may be requested by:
- The signer
- Parties to the document
- Courts with proper authority
- Law enforcement with legal process
- The Attorney General
Records Upon Death
If a notary dies:
- Personal representative (executor/administrator) must safeguard records
- Journal must be maintained for remaining retention period
- Seal must be destroyed or disabled
- Notice should be given to Attorney General
Records Upon Resignation or Expiration
| Requirement | Action |
|---|---|
| Journal | Continue to maintain for 10 years |
| Seal | Surrender or disable within 90 days |
| Certificate | Return to AG if requested |
| Address | Keep AG informed of contact information |
Inspection Best Practices
To prepare for potential audits:
- Keep current records - Make entries immediately after each act
- Organize chronologically - Entries in date/time order
- Complete all fields - No blank entries
- Store securely - Protect from loss, theft, damage
- Know your records - Be able to locate any entry
Prohibited Actions
| Never Do This | Why |
|---|---|
| Destroy records before retention period | Violation of law |
| Refuse to cooperate with AG audit | Subject to fines |
| Alter journal entries | Evidence tampering |
| Give false information | Criminal liability |
| Share records inappropriately | Privacy violations |
Who May Access Records
| Requestor | Access |
|---|---|
| Attorney General | Full access |
| Courts (with subpoena) | Specified records |
| Law enforcement (with process) | Specified records |
| Signers (their own records) | Their entries |
| Public (general) | No right to browse |
On the Exam
Key points:
- AG may audit at any time
- 90-day compliance deadline
- Failure to comply = $50-$500 fine
- Maintain records 10 years after last entry
- Certified copies = $5 per transaction
Test Your Knowledge
How long does a notary have to comply with an Attorney General audit request?
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D
Test Your Knowledge
What happens to a notary's records when the notary dies?
A
B
C
D