Key Takeaways
- Within 90 days of commission end, notary must surrender or disable seal
- Physical stamping device must be surrendered to the Attorney General
- Electronic stamping devices must be disabled and declaration submitted
- Journal must be maintained for 10 years after last entry
- Failure to comply results in $200 administrative fine
Last updated: January 2026
Obligations Upon Commission End
When a Hawaii notary's commission ends - whether through expiration, resignation, or revocation - specific legal obligations must be fulfilled.
When Commission Ends
A notary commission ends upon:
| Event | Effect |
|---|---|
| Expiration | 4-year term ends without renewal |
| Resignation | Notary voluntarily gives up commission |
| Revocation | AG revokes commission for cause |
| Death | Commission ends automatically |
| Loss of eligibility | Moving out of Hawaii, losing citizenship status |
90-Day Obligations
Within 90 days of commission end, the notary must:
Physical Stamping Device
| Requirement | Details |
|---|---|
| Surrender | Return to Attorney General |
| Include | Stamping device AND commission certificate |
Electronic Stamping Device
| Requirement | Details |
|---|---|
| Disable | Destroy, deface, damage, erase, or secure against use |
| Declaration | Submit declaration to AG indicating date and manner of disabling |
Methods to Disable Seal
Acceptable ways to disable a seal:
| Method | Description |
|---|---|
| Destroying | Physically break or cut the seal |
| Defacing | Damage the seal surface |
| Damaging | Render incapable of producing impression |
| Erasing | Remove text/design from seal |
| Securing | Lock away so it cannot be used |
Penalties for Non-Compliance
| Violation | Administrative Fine |
|---|---|
| Failure to surrender physical stamping device and certificate within 90 days | $200 |
| Failure to disable electronic stamping device within 90 days | $200 |
Journal and Records
| Requirement | Timeframe |
|---|---|
| Maintain journal | 10 years after last entry |
| Keep records accessible | For AG audit/inspection |
| Update contact information | Notify AG of address changes |
Upon Death of Notary
The personal representative of a deceased notary must:
- Safeguard the journal - Maintain for remaining retention period
- Disable/destroy the seal - Prevent unauthorized use
- Notify the Attorney General - Inform of notary's death
- Comply with records requests - Respond to lawful requests
Upon Resignation
If you voluntarily resign:
- Submit written notice to Attorney General
- Surrender seal and certificate within 90 days
- Disable any electronic seal within 90 days
- Maintain journal for 10 years
- Keep AG informed of contact information
Upon Revocation
If your commission is revoked:
- Stop notarizing immediately
- Surrender seal and certificate within 90 days
- Disable any electronic seal within 90 days
- Maintain records as required
- Comply with any AG directives
Consequences of Non-Compliance
| Failure | Consequence |
|---|---|
| Using seal after commission ends | Unauthorized notarization, potential fraud |
| Not surrendering seal | $200 fine |
| Not maintaining records | $50-$500 fine |
| Destroying records prematurely | Violations, potential criminal liability |
Best Practices for Commission End
- Mark your calendar for commission expiration
- Apply for renewal early if continuing
- Surrender seal promptly if not renewing
- Keep records organized for retention period
- Update address with AG if you move
On the Exam
Key obligations:
- 90-day deadline for seal surrender/disabling
- $200 fine for non-compliance
- Journal retention: 10 years after last entry
- Upon death: personal representative must handle records
Test Your Knowledge
Within what timeframe must a notary surrender their seal after their commission ends?
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B
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D
Test Your Knowledge
If a notary dies, who is responsible for their notary records?
A
B
C
D
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