Key Takeaways
- Notaries cannot notarize their own signature (self-notarization is prohibited)
- Notaries cannot notarize when they have a direct financial interest in the document
- Notaries cannot practice law or provide legal advice
- Notaries cannot certify copies of vital records (birth, death, marriage certificates)
- Notaries cannot notarize without proper identification of the signer
Prohibited Acts
Hawaii notaries are bound by strict rules regarding what they may and may not do. Understanding prohibited acts is essential to avoid discipline and potential criminal liability.
Self-Notarization
Prohibited: A notary may NOT notarize their own signature.
| Scenario | Permitted? |
|---|---|
| Notarize your own affidavit | NO |
| Notarize document naming you as party | NO |
| Acknowledge your own deed | NO |
| Notarize document you signed as witness | Generally NO |
Why Prohibited: A notary cannot be an impartial witness to their own signature or verify their own identity.
Financial Interest
Prohibited: A notary may NOT notarize a document in which they have a direct financial or beneficial interest.
| Has Financial Interest | May Notarize? |
|---|---|
| Named beneficiary in will | NO |
| Party to the contract | NO |
| Receiving payment from transaction | NO |
| Financial gain depends on document | NO |
| Notarizing for employer (no personal interest) | YES |
| Notarizing for family (if no financial interest) | Generally YES, with caution |
Unauthorized Practice of Law
Prohibited: A notary may NOT engage in the unauthorized practice of law.
What Constitutes UPL
| Prohibited (UPL) | Permitted |
|---|---|
| Drafting legal documents | Notarizing documents prepared by others |
| Giving legal advice | Providing notary service information |
| Explaining legal effects of documents | Explaining what notarization means |
| Recommending specific documents | Offering different notarization types |
| Representing clients in legal matters | Completing notarial certificates |
Note: Even if you are also an attorney, when acting as a notary, you should not mix the roles without clear disclosure.
Notarizing Without Proper Identification
Prohibited: A notary may NOT notarize a document if they cannot properly identify the signer.
| Violation | Consequence |
|---|---|
| Notarizing without ID or personal knowledge | Commission revocation possible |
| Knowingly notarizing for wrong person | Criminal liability |
| Accepting inadequate ID | Discipline and fines |
Certifying Copies of Vital Records
Prohibited: A notary may NOT certify copies of:
- Birth certificates
- Death certificates
- Marriage certificates
- Other vital records
Why: Certified copies of these documents must come from the official vital records agency.
Other Prohibited Acts
| Prohibited Act | Reason |
|---|---|
| Pre-dating or post-dating | Certificate must show actual date of act |
| Notarizing blank documents | Cannot notarize incomplete documents |
| Notarizing without appearance | Signer must personally appear |
| Using expired commission | Commission must be active |
| Notarizing outside jurisdiction | Must notarize within Hawaii |
| Lending seal to others | Only notary may use their seal |
On the Exam
Key prohibited acts:
- Self-notarization (notarizing own signature)
- Financial interest disqualifies notary
- Unauthorized practice of law
- Notarizing without proper ID
- Certifying vital records
Can a Hawaii notary notarize a document in which they are named as a beneficiary?
A signer asks you to explain what the legal document means and whether they should sign it. What should you do?