5.1 Notary Fees

Two Different "Fee" Systems

The exam tests two fee structures that candidates routinely confuse. The first is what a commissioned notary may charge the public for performing a notarial act (governed by Hawaii Revised Statutes (HRS) §456-17, subject to §456-18). The second is what the Attorney General (AG) charges a notary for commission services (set by Hawaii Administrative Rules). Keep them separate — a question asking "the maximum fee for an acknowledgment" is about the first system (§456-17), while "the fee to apply for a commission" is about the second.

Statutory Fees a Notary May Charge

HRS §456-17 sets a statutory maximum for every notarial act — Hawaii does NOT leave acknowledgments, oaths, or jurats uncapped. The headline number to memorize is $5 per act (per party signing, for acknowledgments), with a $25 maximum for any act performed for a remotely located individual (remote online notarization under §456-23). The only other figure is $2.50 for certifying a duplicate original beyond the first.

The single most-tested fee fact: an acknowledgment is capped at $5 for each party signing — it is NOT left to the notary's discretion. A jurat (a signature taken under oath) bundles an oath with the act, but the per-act ceiling is still $5. The only step-ups are the $2.50 charge for certifying extra duplicate originals and the $25 ceiling for remote (online) acts.

Maximums, Not Mandatory Charges

The statutory figures are ceilings, not required charges. A notary may waive the fee entirely or charge any amount up to the cap.

• The fee is a maximum — you may notarize for free or for less.
• Charge one fee per act — do not add a separate line item for the certificate or the seal impression.
• Disclose the total fee before beginning the act; an undisclosed surcharge is improper.
• Record the fee actually charged (or "$0 / no fee") in the journal entry.

AG Administrative Fees

These are paid to the State, not collected from signers. A worked example: a brand-new applicant pays $20 to apply, $10 to sit the closed-book exam, and $100 when the commission issues — $130 total in AG fees, before bond and supplies.

Keep the two columns straight: the $5 / $25 figures are what a notary collects from the public under §456-17, while the $20 / $10 / $100 figures are what the notary pays the State to be commissioned.

The Surety Bond — Amount vs. Premium

Under HRS §456-5, every notary must file a $1,000 surety bond approved by a Circuit Court judge and kept on file with the clerk of the Circuit Court for the notary's judicial circuit. A classic trap: the $1,000 is the bond's face amount (coverage), not the cost. The actual premium a notary pays a surety company is usually only $25–$100 for the full term. A question that says "the Hawaii notary bond is $1,000" is correct about the bond amount.

Worked Scenario: Mobile Acknowledgment

Suppose a notary drives to a hospital to take an acknowledgment on a power of attorney signed by two parties. Under §456-17, the notary may charge up to $5 per party signing — a maximum of $10 for the two acknowledgments. The notary may also charge a separate, reasonable travel fee for mobile service, but the travel charge is a contracted convenience fee, not part of the §456-17 notarial fee, and it must be disclosed and agreed before the act. If the notary instead tried to bill $20 "per signature," that would exceed the $5-per-party statutory cap and violate §456-17.

The journal entry records each acknowledgment and the total fee charged.

The lesson the exam tests: the statutory ceiling controls the notarial fee ($5/party, $25 RON), even when a permissible travel fee is layered on top.

Where the Money Goes

It helps to picture the full cash outlay for a first-time notary. Beyond the $130 in AG fees, the applicant pays a one-time surety bond premium (typically $25–$100 for the term), a small Circuit Court filing cost to deposit the bond and seal impression, and the cost of supplies — the rubber stamp seal and a bound journal book. None of those supply or bond-premium costs are "fees a notary may charge signers"; they are the notary's own startup expenses. The exam likes to slip a startup expense into a list of "fees charged to the public" to see if you can tell the two systems apart.

Special Fund

Hawaii also maintains a Notaries Public Special Fund (HRS §456-9.5) into which certain AG-collected fees are deposited and from which the notary program is administered. You do not need to memorize the fund's accounting, but recognize that the $20/$10/$100 schedule is statutory revenue, not an arbitrary charge — which is why a notary cannot negotiate or waive an AG fee the way a notary may waive a fee charged to a signer.

Common Fee Traps

1. Thinking acknowledgments are uncapped — they are capped at $5 for each party signing under §456-17.
2. Citing the wrong statute — fees a notary charges the public are §456-17, not §456-9.
3. Forgetting the $25 ceiling for remote online notarization (acts for a remotely located individual).
4. Confusing the $1,000 bond amount with a $1,000 cost.
5. Listing the seal or journal supply cost as a "fee charged to the public."