1.1 Qualifications and Notarial Acts
Key Takeaways
- You must be 18, a U.S. citizen, and a Hawaii resident to be commissioned under HRS §456-2
- The exam is written and closed-book; you must score 80% to pass, and it costs $10
- The original commission fee is $100, the term is 4 years, and a $1,000 surety bond is required
- Hawaii notaries perform acknowledgments, jurats, oaths/affirmations, and limited certifications — not legal advice
- Personal appearance, a journal kept 10 years, and a single rubber-stamp seal are mandatory
Who May Become a Hawaii Notary
Hawaii notaries are appointed and commissioned by the Attorney General, not by a county clerk or the Secretary of State. The governing law is Hawaii Revised Statutes (HRS) Chapter 456 and the Hawaii Administrative Rules. Under HRS §456-2, every applicant must, at the time of appointment, meet three baseline qualifications and take an oath of office.
| Requirement | Detail (HRS §456-2) |
|---|---|
| Age | At least 18 years old |
| Citizenship | U.S. citizen (a "qualification of public officers") |
| Residency | A resident of the State of Hawaii |
| Examination | Pass a written, closed-book exam with 80% |
| Exam fee | $10 |
| Original commission fee | $100 paid to the Attorney General |
| Surety bond | $1,000 official bond, approved by a circuit court judge |
| Term | 4 years |
The application sequence
- Apply online at notary.ehawaii.gov. The Attorney General reviews and may approve the application.
- After approval, schedule and pass the closed-book exam (80% minimum), paying the $10 fee.
- On notice of passing, pay the $100 original commission fee.
- Execute the $1,000 surety bond at your own expense and have it approved by a judge of the circuit court.
- Take and subscribe the oath of office, which is filed with the Department of the Attorney General.
Common trap
Do not confuse the $10 exam fee with the $100 commission fee — the exam asks about both, and they are not interchangeable. Likewise, the bond is $1,000, which protects the public, not the notary; the notary pays for it but receives no coverage as the principal. Permanent residents who are not yet U.S. citizens do not qualify, because Hawaii public-officer status requires citizenship.
An applicant is 20 years old, lives in Honolulu, and is a lawful permanent resident (green-card holder) but not a U.S. citizen. Can the Attorney General commission this person as a Hawaii notary?
Authorized Notarial Acts
A Hawaii notary is empowered to perform a defined set of acts. The exam repeatedly tests whether you can match the request to the correct act and its certificate wording.
| Act | What the notary certifies | Oath required? |
|---|---|---|
| Acknowledgment | The signer appeared, is identified, and acknowledges signing voluntarily | No |
| Jurat (verification on oath/affirmation) | The signer appeared, was placed under oath, and signed in the notary's presence | Yes |
| Oath or affirmation | The person swore/affirmed to the truth of a statement | Yes |
| Certified copy | Limited authority to certify copies (not vital records or court documents) | No |
| Deposition / witness oath | Administering oaths to witnesses | Yes |
The acknowledgment vs. jurat distinction
This is the single most-tested concept. In an acknowledgment, the signer may have signed earlier and simply acknowledges the signature is theirs; no oath is given. In a jurat, the document contains a sworn statement, so the notary must administer an oath or affirmation and the signer must sign in front of the notary. Certificate language differs: an acknowledgment reads "acknowledged before me," while a jurat reads "subscribed and sworn to before me."
Worked example
A signer brings an affidavit (a sworn statement) already signed at home and asks for notarization. A jurat requires signing in the notary's presence and an oath. The correct procedure is to have the signer re-sign in your presence and administer the oath — you may not simply stamp a pre-signed affidavit.
- Acknowledgment → no oath, signature may predate appearance.
- Jurat → oath required, signature must occur during appearance.
- Oath/affirmation → administered for testimony or sworn statements.
An affirmation carries the same legal weight as an oath and is offered to signers who object to swearing; never refuse an affirmation just because the signer declines to "swear."
A signer presents a sworn affidavit they signed yesterday at home and asks the notary to complete a jurat. What must the notary do?
Identifying the Signer
Every Hawaii notarial act requires the signer's personal appearance before the notary — there is no exception for a trusted courier, a faxed signature, or a phone call (remote online notarization is a separate, specially authorized process under HRS §456-24). After appearance, the notary must be satisfied of the signer's identity.
| Method | What it means | Caution |
|---|---|---|
| Personal knowledge | The notary actually knows the individual | Casual acquaintance is not enough — must be confident of identity |
| Current government photo ID | Unexpired ID with photo and signature | Expired ID is not acceptable identification |
| Passport / driver's license / state ID | Common acceptable documents | Verify the name matches the document |
| Credible witness | A person who personally knows the signer vouches under oath | Witness must be identified and may be required to sign the journal |
Identity red flags
- An expired driver's license — reject it; current ID is required.
- A name mismatch between the ID and the document signature line.
- A signer who does not appear to understand the document or seems coerced — the notary must confirm the signer is acting willingly and is aware of the transaction.
Journal and seal duties
Hawaii requires a journal chronicling every notarial act, retained for 10 years after the last entry; a tangible journal must be a permanent, bound register with numbered pages. The official seal is a single rubber stamp bearing the notary's name, commission number, and the words "Notary Public" and "State of Hawaii" only — nothing else may be added.
Fee caps (HRS §456-17)
Fees are capped by statute. Administering an oath is $5 (original plus up to four copies); taking an acknowledgment is $5 per signer (original plus one duplicate). For a notarial act performed for a remotely located individual, the cap is $25. Overcharging is a disciplinary violation, so memorize that acknowledgments and oaths are $5 and remote acts are $25.
How long must a Hawaii notary retain the notarial journal after the last act recorded in it?
Prohibited Acts and Discipline
The exam frequently presents a scenario and asks whether the notary may proceed. The safest answer is almost always the one that refuses a shortcut and protects the integrity of the act. Several acts are flatly prohibited.
| Prohibited conduct | Why it is barred | Likely consequence |
|---|---|---|
| Self-notarization | Notary cannot notarize their own signature | Disqualification; possible revocation |
| Notarizing with a financial/beneficial interest | Notary is a party or stands to gain | Disqualification from that act |
| Giving legal advice | Notaries are not attorneys | Unauthorized practice of law |
| Notarizing without personal appearance | Identity cannot be confirmed | Misconduct; bond/commission exposure |
| Notarizing a blank or incomplete document | Invites fraud | Misconduct |
| Acting after commission expires | No authority to notarize | Acts are void; possible penalties |
Conflict of interest
A notary may not notarize a document in which they are named as a party or have a direct financial interest (for example, notarizing a deed conveying property to the notary). Being a witness to an unrelated transaction is fine; being a beneficiary is not. When in doubt, the notary should decline and refer the signer to a disinterested notary.
Unauthorized practice of law
A notary who is not an attorney must not tell a signer which form to use, what a document means, or how to fill in legal blanks. Selecting an acknowledgment versus a jurat at the signer's direction is administrative; advising the signer which legal instrument they need crosses into unauthorized practice.
Renewal and term
The commission lasts 4 years. Notaries should begin renewal before expiration — a lapse means a loss of authority, and notarizing after expiration produces void acts. Renewal still runs through the Attorney General's online system.
Exam strategy checklist
- Did the signer personally appear? If not, stop.
- Is the signer properly identified with current ID or a credible witness?
- Is the signer willing and aware?
- Does the notary have a conflict of interest? If yes, decline.
- Is the correct act (acknowledgment vs. jurat) and certificate used?
- Is the journal entry made and the seal applied correctly?
A notary is asked to notarize a quitclaim deed that transfers a parcel of land to the notary personally. The signer appears in person with valid ID and signs willingly. May the notary proceed?