Key Takeaways
- Hawaii notaries may perform six types of notarial acts under HRS 456-1.6
- Notarial acts include acknowledgments, oaths/affirmations, jurats, signature witnessing, copy certification, and protests
- Each notarial act requires personal appearance of the signer before the notary
- The notary must properly identify the signer for every notarial act
- All notarial acts must be recorded in the notary's journal
Last updated: January 2026
Types of Notarial Acts
Under Hawaii Revised Statutes Section 456-1.6, a "notarial act" is defined as an act that a notary public may perform under Hawaii law, whether for tangible or electronic documents.
Authorized Notarial Acts
Hawaii notaries may perform the following six types of notarial acts:
| Notarial Act | Purpose |
|---|---|
| Acknowledgment | Signer declares they signed document willingly |
| Oath/Affirmation | Signer pledges truthfulness under penalty of perjury |
| Jurat (Verification) | Combines signature witnessing with oath about truth |
| Signature Witnessing | Notary witnesses the act of signing |
| Copy Certification | Notary certifies a copy matches the original |
| Protest | Official notice regarding dishonored negotiable instrument |
Personal Appearance Required
Critical Requirement: For all notarial acts, the signer must personally appear before the notary at the time of the notarization.
This means:
- The signer must be physically present (for traditional notarization)
- The notary must see the signer and the signing
- Remote notarization requires special RON commission and technology
Essential Elements for Every Notarial Act
Every notarial act must include:
- Personal appearance of the signer before the notary
- Proper identification of the signer
- Signer's willingness - not under duress or coercion
- Signer's awareness - understands the document
- Notarial certificate with required elements
- Notary's signature, seal, and date
- Journal entry recording the act
When to Use Each Act
| Situation | Appropriate Act |
|---|---|
| Real estate deed or mortgage | Acknowledgment |
| Affidavit or sworn statement | Jurat |
| Witness swearing in for deposition | Oath/Affirmation |
| Signer needs document signed in presence | Signature Witnessing |
| Need certified copy of original document | Copy Certification |
| Unpaid check or promissory note | Protest |
On the Exam
Know the six types of notarial acts and when each is appropriate. The most common tested concepts are the differences between acknowledgments and jurats.
Test Your Knowledge
How many types of notarial acts can Hawaii notaries perform?
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Test Your Knowledge
What is required for ALL notarial acts in Hawaii?
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