6.1 Prohibited Acts
Key Takeaways
- Self-notarization is barred: a Hawaii notary may never notarize their own signature or a document naming them as a party
- A direct financial or beneficial interest in the document disqualifies the notary from acting
- Notaries may not engage in the unauthorized practice of law (UPL) by drafting documents or advising on legal effect
- A notary may not certify copies of vital records (birth, death, marriage) - those come only from the Department of Health
- Notarizing without personal appearance, without proper identification, or with a false date are all prohibited
What "Prohibited" Means on the Exam
The Hawaii notary exam is a closed-book test requiring at least 80% to pass, and prohibited-act questions are heavily weighted because they protect the public. A prohibited act is something the notary is forbidden to do regardless of how the signer or employer asks. Most prohibited acts trace back to one principle: the notary is a neutral, impartial witness with no stake in the transaction. The moment neutrality, impartiality, or proper procedure breaks down, the act becomes prohibited.
Self-Notarization
A notary may never notarize their own signature or any document in which they are a named party. The notary cannot be both the impartial officer and the signer being identified.
| Scenario | Permitted? |
|---|---|
| Notarize your own affidavit | NO |
| Acknowledge your own deed or mortgage | NO |
| Notarize a document that names you as grantee or buyer | NO |
| Notarize a power of attorney appointing you as agent | NO |
| Notarize a co-worker's unrelated affidavit | YES |
Financial or Beneficial Interest
If the notary stands to gain financially from the document, they are disqualified. The test is direct interest, not the routine notary fee (capped at $5.00 per act in Hawaii), which never counts as a disqualifying interest.
| Situation | May Notarize? |
|---|---|
| Notary named as beneficiary in the will | NO |
| Notary is a party to the contract being signed | NO |
| Notary's commission/bonus depends on closing the deal | NO |
| Notary works for the lender but gains nothing personally | YES |
| Notary charges the standard $5 fee | YES |
Worked example: A real-estate agent who is also a notary is notarizing the buyer's signature on a purchase contract. If the agent earns a commission contingent on that contract, the agent has a direct financial interest and must decline. A disinterested notary should handle it.
Unauthorized Practice of Law (UPL)
Notarizing is a ministerial act, not legal advice. Telling a signer what a document means, which document to use, or whether to sign crosses into UPL.
| Prohibited (UPL) | Permitted |
|---|---|
| Drafting a deed, will, or contract | Notarizing a document others prepared |
| Advising whether the signer should sign | Explaining what notarization itself does |
| Explaining the legal effect of terms | Describing the difference between a jurat and an acknowledgment |
| Choosing the certificate wording for the signer | Letting the signer/document specify the act |
In immigrant communities, calling oneself a "notario publico" to imply attorney authority is both UPL and potential fraud, because in many Latin American countries a notario is a licensed attorney.
Vital Records, Blank Documents, and Other Bars
| Prohibited Act | Reason |
|---|---|
| Certifying a copy of a birth, death, or marriage certificate | Certified copies issue only from the Department of Health vital-records office |
| Notarizing a document with blank spaces | Cannot attest to an incomplete instrument |
| Notarizing without the signer personally appearing | Personal appearance is mandatory in Hawaii |
| Pre-dating or post-dating the certificate | The date must be the actual date of the act |
| Using a commission that has expired or been revoked | The authority no longer exists |
| Lending the seal or journal to another person | The stamp and journal are personal to the notary |
Common trap: Hawaii notaries may certify a copy of a non-vital document (such as a passport copy or a college transcript) under HRS Chapter 456 procedures, but never a vital record. Exam questions frequently pair a birth certificate with a "certify copy" request - the answer is always refuse and refer to the Department of Health.
How Prohibited Acts Tie Together
Notice that every prohibited act protects one of three values: impartiality (no self-notarization, no financial interest), competence boundaries (no unauthorized practice of law, no certifying records reserved to other agencies), and procedural integrity (personal appearance, proper identification, complete documents, truthful dates). When an exam question describes an unfamiliar fact pattern, ask which of these three values is threatened; the prohibited-act answer almost always follows.
A frequent gray area is notarizing for family members. Hawaii does not flatly forbid notarizing for a spouse, parent, or child, but the financial-interest rule still applies. If the document benefits the notary - for example, a deed transferring property to the notary, or a loan the notary co-signs - the family relationship plus the personal gain makes the act prohibited. If the notary truly gains nothing (witnessing a parent's unrelated affidavit), it is generally permissible, though many notaries decline family work to avoid even the appearance of partiality.
Another tested boundary is the difference between explaining notarization and explaining the document. Telling a signer "a jurat means you swear the contents are true, and you must sign in front of me" is permitted - it explains the notarial act. Telling the same signer "this clause waives your right to sue" is prohibited UPL, because it interprets the document's legal effect.
Procedure recap for a clean act: (1) confirm the signer personally appears; (2) identify the signer by acceptable ID, personal knowledge, or a credible witness; (3) confirm the document is complete with no blanks; (4) confirm the notary has no disqualifying interest and is not the signer; (5) complete the certificate with the true, current date and the official seal. If any step fails, the act is prohibited and the notary declines.
A Hawaii notary is named as the sole beneficiary in a client's will and is asked to notarize the signature on that will. What must the notary do?
A signer brings an original birth certificate and asks the notary to certify a photocopy of it. What is the correct response?