Free HI Notary Exam Flashcards

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.

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

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)).

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.

(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)).

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

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).

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)).

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).

$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).

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.

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.

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.

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.'

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).

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.

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)).

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.

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.

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).

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).

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.

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.

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).

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).

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).

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)).

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).

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

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

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)).

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.

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).

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

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

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)).

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)).

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)).

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

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)).

$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).

$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)).

$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)).

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

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).

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

(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)).

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)).

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)).

$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)).