6.6 Obligations Upon Commission End

A Commission Has a Lifecycle

Hawaii notary commissions run for a four-year term, and the office can also end early. Whatever the cause, ending the commission triggers specific wind-down duties focused on two things: making sure the stamp can never be misused and making sure the journal survives as a permanent record.

How a Commission Ends

The 90-Day Stamp Duties

Within 90 days of resignation, revocation, or expiration without renewal, the notary must deal with the stamping device:

Missing the 90-day window is a $200 administrative fine under HRS 456-9 for either failing to surrender a physical device or failing to disable an electronic one.

Acceptable Ways to Disable a Seal

The 10-Year Journal Duty

The journal is not surrendered with the stamp - it is kept. Under HRS 456-15, the former notary must retain the journal for 10 years after the last notarial act recorded in it, and keep it available for AG audit or inspection. Destroying the journal early can itself be a violation and, in some cases, support criminal exposure.

Death of the Notary

When a notary dies, the personal representative (executor or administrator) of the estate steps in. The representative must:

1. Safeguard the journal for the remaining 10-year retention period.
2. Disable or destroy the stamping device so it cannot be misused.
3. Notify the Attorney General of the death.
4. Respond to any lawful records requests.

The Attorney General does not automatically take custody of a deceased notary's records - the estate's representative bears that duty. This is a common exam distractor.

Resignation and Revocation Checklists

Resignation: submit written notice to the AG; surrender or disable the device within 90 days; retain the journal 10 years; keep the AG updated on your address.

Revocation: stop notarizing immediately; surrender or disable the device within 90 days; retain records; comply with any AG directives.

Why These Rules Exist

An unsurrendered, working stamp in the hands of a former notary is a fraud risk - someone could keep notarizing without authority. A surviving journal lets the public and courts verify acts long after the commission ends. Common trap: students reverse the two timelines. Remember it as "90 for the stamp, 10 years for the journal." The stamp is dangerous and must go quickly; the journal is evidence and must stay for a decade.

The 90-Day Clock in Practice

The 90-day window begins on the date the commission ends, not the date the notary gets around to noticing. For an expiring four-year term, that date is predictable, so a diligent notary should calendar it well in advance. For a revocation, the clock starts on the effective date of the AG's action, and the notary must stop notarizing immediately - any act performed after the commission ends is unauthorized and may itself be treated as fraud. For a physical device, "surrender" means physically delivering the stamp and the commission certificate to the Attorney General.

For an electronic device, the notary disables it and files a declaration that states both the date and the manner of disabling, so the AG has a record that the capability is gone.

Retention Versus Surrender: Don't Mix Them Up

The most common error on this topic is treating the journal like the stamp. They move in opposite directions. The stamp is surrendered or destroyed because an active stamp in the wrong hands enables fraud. The journal is retained, because it is the historical proof of every act the notary performed and may be needed by courts, title companies, or investigators years later. Destroying a journal early is not just a missed deadline - it can be a violation that supports a discretionary $50-to-$500 fine and, where records are destroyed to hide misconduct, potential criminal exposure for tampering with evidence.

Worked Example: Relocating Mid-Term

A notary with two years left on a four-year term accepts a job on the mainland and moves permanently. Hawaii residency is a continuing eligibility requirement, so the commission ends by loss of eligibility. Within 90 days the notary must surrender or disable the stamping device and notify the AG. The journal travels with the notary but must be retained for 10 years after the last entry and remain available if the AG requests it. The notary should also keep the AG informed of the new mailing address throughout the retention period so any inspection request can reach them.

Final recap: commission ends by expiration, resignation, revocation, death, or loss of eligibility; the stamp is surrendered or disabled within 90 days (a $200 fine for failure); the journal is kept 10 years after the last act; and on death the estate's personal representative - not the Attorney General - carries out these duties.