5.5 Record Keeping and Audits
Key Takeaways
- The Attorney General may audit or inspect notary records at any time
- Failure to comply with audit within 90 days = fine of $50-$500
- Records include journal, seal impressions filed, and commission documents
- Upon death, the personal representative must safeguard notary records
- Certified copies of journal entries available for $5 per transaction
Last updated: January 2026
Hawaii notaries must maintain proper records and make them available for inspection by the Attorney General.
Attorney General's Audit Authority
The Attorney General has the authority to:
- Audit notary records at any time
- Inspect journals and documents
- Request copies of records
- Investigate complaints
- Verify compliance with laws and rules
Records Subject to Audit
| Record Type | Retention Period |
|---|---|
| Journal | 10 years after last entry |
| Commission certificate | Duration of commission |
| Seal impressions | On file at Circuit Court |
| Correspondence with AG | As appropriate |
| RON recordings | Per AG requirements |
Compliance Requirements
Response Timeline
| Request Type | Required Response |
|---|---|
| AG audit request | Within 90 days |
| Subpoena | As specified in subpoena |
| Law enforcement request | With proper legal process |
Failure to Comply
| Violation | Consequence |
|---|---|
| Failure to comply with audit within 90 days | Fine of $50-$500 |
| Obstruction of audit | Additional penalties possible |
| False statements in audit | Potential criminal liability |
Certified Copies
Notaries may provide certified copies of journal entries:
| Service | Fee |
|---|---|
| Certification of notarial transaction from journal | $5 per transaction |
Certified copies may be requested by:
- The signer
- Parties to the document
- Courts with proper authority
- Law enforcement with legal process
- The Attorney General
Records Upon Death
If a notary dies:
- Personal representative (executor/administrator) must safeguard records
- Journal must be maintained for remaining retention period
- Seal must be destroyed or disabled
- Notice should be given to Attorney General
Records Upon Resignation or Expiration
| Requirement | Action |
|---|---|
| Journal | Continue to maintain for 10 years |
| Seal | Surrender or disable within 90 days |
| Certificate | Return to AG if requested |
| Address | Keep AG informed of contact information |
Inspection Best Practices
To prepare for potential audits:
- Keep current records - Make entries immediately after each act
- Organize chronologically - Entries in date/time order
- Complete all fields - No blank entries
- Store securely - Protect from loss, theft, damage
- Know your records - Be able to locate any entry
Prohibited Actions
| Never Do This | Why |
|---|---|
| Destroy records before retention period | Violation of law |
| Refuse to cooperate with AG audit | Subject to fines |
| Alter journal entries | Evidence tampering |
| Give false information | Criminal liability |
| Share records inappropriately | Privacy violations |
Who May Access Records
| Requestor | Access |
|---|---|
| Attorney General | Full access |
| Courts (with subpoena) | Specified records |
| Law enforcement (with process) | Specified records |
| Signers (their own records) | Their entries |
| Public (general) | No right to browse |
On the Exam
Key points:
- AG may audit at any time
- 90-day compliance deadline
- Failure to comply = $50-$500 fine
- Maintain records 10 years after last entry
- Certified copies = $5 per transaction
Test Your Knowledge
How long does a notary have to comply with an Attorney General audit request?
A
B
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D
Test Your Knowledge
What happens to a notary's records when the notary dies?
A
B
C
D