HI Notary Exam Flashcards

Q: How many questions are on the Hawaii notary exam?

The Hawaii Attorney General does not publish the exact number of exam questions or a time limit. The exam is a closed-book written test covering HRS Chapter 456 and HAR Chapter 5-11, and requires a score of 80% or higher to pass (HAR 5-11-32).

Q: What happens if I fail the Hawaii notary exam?

You can request, pay for, and reschedule a reexamination within 14 calendar days of your failure notice without filing a new application - there is no mandatory waiting period before that first retake. If you miss the 14-day window, or if you fail twice total, you must wait 90 days from your last exam date and submit a brand-new application with updated letters (HAR 5-11-32(e)-(f)).

Q: How many types of notarial acts does Hawaii law recognize?

HRS 456-1.6 defines 'notarial act' as six statutory categories: taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. Terms like 'jurat' and 'deposition' describe specific applications of these categories in practice, not additional statutory acts.

Q: What are the total fees to become a Hawaii notary?

A $20 non-refundable application fee, a $10 fee per examination attempt, and a $100 commission-issuance fee - roughly $130 total before bond costs (HAR 5-11-46). You will also need a $1,000 surety bond (about $50-$130 to purchase) approved by a circuit court judge, plus any circuit court filing fee.

Q: Does Hawaii allow Remote Online Notarization (RON)?

Yes, since January 1, 2021 under HRS 456-23 through 456-25. RON requires its own commission (a separate $20 application plus $100 issuance fee), the notary must be physically located in Hawaii even though the signer can be anywhere, and each RON act is capped at $25.

Question 1

Which state agency commissions notaries public in Hawaii?

Accepted Answer

The Department of the Attorney General - not the Secretary of State - commissions, disciplines, and administers Hawaii notaries under HRS Chapter 456. This is unusual; most states use the Secretary of State's office.

Question 2

Minimum age to become a Hawaii notary public

Accepted Answer

18 years old. Applicants must provide verification of age as part of the commission application (HAR 5-11-21(b)).

Question 3

Hawaii notary residency requirement

Accepted Answer

Applicants must be a resident of the State of Hawaii - non-residents do not qualify for a Hawaii commission, even if they work in Hawaii (HRS 456-2; HAR 5-11-21(b)(7)).

Question 4

Citizenship/immigration status required for a Hawaii notary commission

Accepted Answer

Proof of U.S. citizenship, U.S. national status, OR authorization to work in the United States as an alien (HAR 5-11-21(b)(5)). This is broader than just lawful permanent residents pursuing citizenship.

Question 5

The two letters every Hawaii notary application must include

Accepted Answer

(1) A character reference letter from a Hawaii resident who is NOT a relative or employer, attesting to honesty and moral character, and (2) a justification letter from the applicant's employer (or the applicant, if self-employed) explaining why the commission is needed (HAR 5-11-21(a)).

Question 6

Length of a Hawaii notary commission term

Accepted Answer

4 years from the date of commissioning (HRS 456-1(a)). The commission must be renewed before expiration or it is automatically forfeited.

Question 7

Hawaii notary surety bond requirement

Accepted Answer

A $1,000 surety bond, approved by a circuit court judge and filed with the circuit court clerk, is required before a notary may begin performing notarial acts (HRS 456-5).

Question 8

What happens if a Hawaii notary fails to renew their commission on time?

Accepted Answer

The commission is automatically forfeited. The attorney general may restore a forfeited commission within 1 year of forfeiture upon compliance with renewal requirements; after 1 year, the person must reapply as a brand-new applicant (HRS 456-1(b)).

Question 9

Where must a new Hawaii notary file their commission, seal impression, and signature specimen?

Accepted Answer

With the clerk of the circuit court in the judicial circuit where the notary resides (optionally also with any other circuit court). This filing lets the clerk authenticate the notary's official acts, especially for documents going out of state (HRS 456-4).

Question 10

Core fees to become commissioned: application, exam, issuance

Accepted Answer

$20 non-refundable application fee, $10 per examination attempt, and $100 to issue the commission - set by HAR 5-11-46 under the AG's rulemaking authority in HRS 456-9. Renewal costs $20 (renewal application) plus $100 (renewal issuance).

Question 11

How many categories of 'notarial act' does HRS 456-1.6 define?

Accepted Answer

Six: (1) taking an acknowledgment, (2) administering an oath or affirmation, (3) taking a verification on oath or affirmation, (4) witnessing or attesting a signature, (5) certifying or attesting a copy, and (6) noting a protest of a negotiable instrument. 'Jurat' and 'deposition' are practice terms tied to these acts, not separate statutory categories.

Question 12

Acknowledgment vs. Jurat

Accepted Answer

An acknowledgment is a signer's declaration, after already signing, that they signed the document voluntarily - no oath is taken. A jurat is the certificate for a verification on oath or affirmation: the signer swears the document's contents are true in the notary's presence.

Question 13

Oath vs. Affirmation

Accepted Answer

Both are solemn declarations administered by the notary, but a traditional oath invokes a supreme being while an affirmation does not; HRS 456-1.6 treats 'oath' as including affirmation for legal purposes, so either satisfies a statutory oath requirement.

Question 14

Verification on oath or affirmation (statutory definition)

Accepted Answer

A declaration made by a person, on oath or affirmation before the notary, that a statement in a document is true. The certificate documenting this act is commonly called a 'jurat.'

Question 15

Protest of a negotiable instrument

Accepted Answer

A notary's formal, sworn record that a bill, note, or check was presented for payment or acceptance and was dishonored (refused). The notary notes the protest, notifies endorsers, and can issue certified copies of it (HRS 456-10 to 456-12).

Question 16

May a Hawaii notary notarize a document where they, or their spouse or civil partner, are a party or have a direct beneficial interest?

Accepted Answer

No. HRS 456-14(b) prohibits it, and any notarial act performed in violation is voidable. This is an absolute conflict-of-interest bar - the notary must decline.

Question 17

Does being merely related to a signer, with no beneficial interest, disqualify a Hawaii notary from notarizing their document?

Accepted Answer

No. A family relationship alone does not disqualify a notary - only being a party to the document or having a direct beneficial interest in it does (HRS 456-14(b)).

Question 18

Can an officer, employee, shareholder, or director of a corporation notarize documents for that corporation?

Accepted Answer

Yes - HRS 456-14(a)(2) expressly allows it, including taking acknowledgments or administering oaths for the corporation or trust company, as long as the notary is not a party to that specific document.

Question 19

Can a Hawaii notary perform a notarial act by phone, with audio only and no video?

Accepted Answer

No. Personal appearance is always required - either physically in person, or (for a commissioned RON notary) via real-time audiovisual communication technology under HRS 456-23. Phone-only notarization is never permitted.

Question 20

Unauthorized practice as a notary public in Hawaii

Accepted Answer

A misdemeanor: knowingly performing notary duties without first being commissioned, filing the commission, seal impression, and signature specimen with the circuit court clerk, and executing the required $1,000 surety bond (HRS 456-7).

Question 21

Consequence of a notary's failure to verify a signer's identity

Accepted Answer

It is a misdemeanor AND results in automatic revocation of the notary's commission upon conviction - one of only two offenses in HRS Chapter 456 that trigger automatic revocation (HRS 456-20).

Question 22

Consequence of failing to authenticate a notarial act with a proper certification statement

Accepted Answer

Also a misdemeanor with automatic commission revocation upon conviction (HRS 456-21). The certificate must include the notarization date and notary signature, the notary's printed name, expiration date, and stamp/seal, and the jurisdiction where the act was performed.

Question 23

When may a Hawaii notary refuse to perform a notarial act?

Accepted Answer

If not satisfied that the signer is competent or has capacity, is signing knowingly and voluntarily, or if the notary lacks proof of the signer's identity (or, for a remote signer, satisfactory RON identity evidence) - HRS 456-22.

Question 24

'Personal knowledge' identification standard

Accepted Answer

The notary has dealings with the signer sufficient to provide reasonable certainty of the signer's claimed identity - no ID document is required in this case (HRS 456-1.6).

Question 25

'Satisfactory evidence' of identity - acceptable ID

Accepted Answer

A passport, driver's license, or government-issued non-driver ID that contains the signer's photo and signature, and is either currently valid or expired no more than 3 years before the notarial act (HRS 456-1.6).

Question 26

Credible witness identification alternative

Accepted Answer

If a signer has no acceptable ID, a credible witness who personally knows the signer (or who is themselves identified via acceptable ID) can vouch for the signer's identity under oath or affirmation (HRS 456-1.6).

Question 27

RON identity-proofing minimum standard for a remotely located signer

Accepted Answer

The remote online notary must use personal knowledge, a credible witness's oath or affirmation, OR at least two different types of identity proofing for the remotely located individual (HRS 456-23(b)(1)).

Question 28

Required contents of a Hawaii notarial certificate

Accepted Answer

The notary's signature and date, printed name, official stamp or seal, expiration date, and identification of the jurisdiction where the act was performed (HRS 456-21; HAR 5-11-8).

Question 29

Hawaii's judicial circuits - how many, and which is missing?

Accepted Answer

1st (Oahu, Kalawao), 2nd (Maui, Molokai, Lanai), 3rd (Hawaii Island), and 5th (Kauai, Niihau). There is no 4th judicial circuit - it does not exist.

Question 30

Which circuit court does a notary file their commission with?

Accepted Answer

The circuit court of the judicial circuit where the notary resides; they may optionally also file with any other circuit court (HRS 456-4).

Question 31

Scope of a Hawaii notary's civil liability for a notarial act

Accepted Answer

Limited to failing to properly perform the required actions for the jurat, acknowledgment, or other notarial act itself. The notary is NOT liable for the truthfulness of statements made in the underlying document, apart from the notarial certificate (HRS 456-6(a)).

Question 32

Does Hawaii notarial law cover electronic documents?

Accepted Answer

Yes - 'document' and 'notarial act' both expressly include electronic records under HRS 456-1.6, and a notary may use an electronic stamping device or electronic seal for them.

Question 33

Signing a document on behalf of a signer who is physically unable to sign

Accepted Answer

A notary may sign the person's name if the person voluntarily consents in the notary's presence, the notary writes the statutory attestation phrase beneath the signature, and a doctor's certificate confirming the disability and the person's capacity to communicate intent is attached (HRS 456-19).

Question 34

Hawaii notary seal: shape, size, edge

Accepted Answer

Circular, between 1 and 2 inches in diameter, with a serrated or milled edge border (HAR 5-11-5(c)).

Question 35

Required text on a Hawaii notary seal

Accepted Answer

The notary's name, commission number, and the words 'Notary Public' and 'State of Hawaii' - and nothing else (HRS 456-3).

Question 36

How many notary seals may a Hawaii notary possess at one time?

Accepted Answer

Only one. Possessing more than one rubber stamp notary seal at a time draws a $200 administrative fine (HAR 5-11-5; 5-11-46(b)).

Question 37

Deadline to surrender a notary seal after leaving office

Accepted Answer

90 days after resignation, revocation, or expiration without renewal. The attorney general defaces or destroys the surrendered seal; failing to surrender it draws a $200 fine (HRS 456-3, 456-9(c)(2)).

Question 38

Hawaii notary journal (record book) format requirements

Accepted Answer

A soft-cover, bound journal with consecutively numbered pages, no larger than 11 inches by 16.5 inches when fully opened (HAR 5-11-9(b)-(c)).

Question 39

How long must a Hawaii notary retain their journal?

Accepted Answer

10 years after the last notarial act chronicled in it (HRS 456-15(a)) - regardless of whether the notary's commission has since ended.

Question 40

Required pieces of information for each journal entry

Accepted Answer

The type, date, and time of the act; the title/type/date of the document; the full printed name and address of each signer and witness (plus signature, for a tangible journal); the basis of ID used; and any fee charged (HRS 456-15(e)).

Question 41

Standard fee cap for a notarial act performed in person

Accepted Answer

$5 per party signing or per act administered (acknowledgment, oath, deposition, protest, or certificate); an extra $2.50 applies for each duplicate original beyond the first (HRS 456-17).

Question 42

Fee cap for a Remote Online Notarization (RON) act

Accepted Answer

$25 flat, regardless of duplicate originals - higher than the $5 in-person cap because of the added technology and identity-proofing requirements (HRS 456-17(8)).

Question 43

Notable Hawaii notary administrative fines

Accepted Answer

$20 for an improperly formatted seal, $200 for failing to surrender a seal or commission certificate within 90 days, $500 for failing to authenticate a jurat or acknowledgment with a proper certificate, and $50-$500 for journal violations (HRS 456-9(c); HAR 5-11-46(b)).

Question 44

Law authorizing Remote Online Notarization (RON) in Hawaii

Accepted Answer

HRS 456-23 through 456-25, effective January 1, 2021, implemented through HAR Chapter 5-11 rules.

Question 45

Prerequisite to becoming a RON notary in Hawaii

Accepted Answer

The applicant must already hold, or simultaneously qualify for, a base Hawaii notary commission - RON is an add-on, filed as a separate application with its own $20 application fee and $100 commission-issuance fee (HAR 5-11-46).

Question 46

Where must a Hawaii RON notary be physically located during a remote notarization?

Accepted Answer

Physically in the State of Hawaii. The signer, called a 'remotely located individual,' can by contrast be anywhere (HRS 456-23).

Question 47

Three ways a RON notary can verify a remote signer's identity

Accepted Answer

(1) Personal knowledge of the signer, (2) oath or affirmation from a credible witness appearing before the notary, or (3) at least two different types of identity proofing (HRS 456-23(b)(1)).

Question 48

RON audiovisual recording requirement

Accepted Answer

The notary, or someone acting on their behalf, must create an audiovisual recording of the RON act and retain it for at least 10 years - the same retention period as a paper journal (HRS 456-23(e)).

Question 49

Extra condition for RON when the signer is located outside the United States

Accepted Answer

The document must relate to a U.S. court/government matter, U.S. property, or an FDIC-insured bank transaction, AND the act of signing must not be prohibited by the foreign signer's own country (HRS 456-23(b)(4)).

Question 50

Total fees specific to RON commissioning and use

Accepted Answer

$20 RON application plus $100 RON commission issuance (the same amounts apply at renewal), plus $25 per RON notarial act performed - all separate from the base commission's own fees (HAR 5-11-46; HRS 456-17(8)).

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