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?
Yes, permanent residency satisfies the citizenship rule
No, because the applicant must be at least 21
Yes, but only after five years of residency
No, HRS §456-2 requires U.S. citizenship for the public-officer qualification
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?
Have the signer re-sign in the notary's presence and administer an oath or affirmation
Complete an acknowledgment instead, since the signature predates the appearance
Stamp the document as-is because it is already signed
Refuse the act entirely because affidavits cannot be notarized
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?
Ten years
Three years
Until the commission expires
Permanently, with no disposal allowed
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?
No, because the notary has a direct financial interest in the document
Yes, as long as the notary records it in the journal
Yes, because the signer appeared and was properly identified
No, because quitclaim deeds may never be notarized in Hawaii
Sections you finish are checked off in the contents.