HI Notary Acknowledgments and Jurats 1 — Questions and Answers
Question 1: What is the key difference between an acknowledgment and a jurat in Hawaii?
- An acknowledgment requires the signer to be present; a jurat does not
- An acknowledgment certifies the signer's identity and voluntary act of signing; a jurat requires the signer to sign in the notary's presence and swear to the truth of the document (Correct answer)
- A jurat is only for real estate documents; an acknowledgment is for all others
- There is no difference — they are interchangeable
Correct answer: An acknowledgment certifies the signer's identity and voluntary act of signing; a jurat requires the signer to sign in the notary's presence and swear to the truth of the document
An acknowledgment certifies identity and willingness; a jurat requires signing in the notary's presence and swearing to the truthfulness of the content.
The two most common notarial acts in Hawaii are: (1) Acknowledgment — the signer appears before the notary, establishes their identity, and acknowledges they signed the document voluntarily. The document may have been signed prior to appearing. No oath about the document's truth is required. (2) Jurat — the signer signs the document in the notary's physical presence and then swears or affirms that the contents of the document are true. Both the signature and the oath must occur before the notary. Jurats are typically used for affidavits and sworn statements.
Question 2: For which type of document would a jurat be most appropriate in Hawaii?
- A warranty deed for real estate
- A sworn affidavit attesting to facts in a court case (Correct answer)
- A car title transfer
- A business incorporation document
Correct answer: A sworn affidavit attesting to facts in a court case
A jurat — requiring an oath about the truthfulness of the document — is appropriate for sworn affidavits used in legal proceedings.
A jurat is appropriate when the signer must swear (or affirm) under oath that the contents of the document are true. Classic examples include affidavits for court proceedings, financial statements submitted to government agencies, and other sworn declarations. Real estate deeds and car titles typically use acknowledgments because the focus is on the signer's identity and voluntary act of signing — not on swearing to the document's contents.
Question 3: Must a signer be physically present before a Hawaii notary when executing an acknowledgment?
- Yes — the signer must personally appear before the notary (Correct answer)
- No — the signer may send the document with a representative
- Only if the document is a real estate conveyance
- Only for jurats; acknowledgments can be done remotely
Correct answer: Yes — the signer must personally appear before the notary
For a traditional acknowledgment, the signer must personally appear before the notary (in person or via RON if authorized).
Under HRS §456-17, all traditional notarial acts (including acknowledgments) require the personal appearance of the signer before the notary. For traditional notarization, 'personal appearance' means physical presence in the same location. Remote Online Notarization (RON) is a specific exception that allows audio-video appearance as a substitute for physical presence, but only when authorized by statute and properly conducted. A representative cannot appear in place of the signer for an acknowledgment.
Question 4: When performing a jurat in Hawaii, at what point must the signer sign the document?
- Before appearing before the notary
- In the physical presence of the notary, before the oath is administered (Correct answer)
- After the oath is administered
- At any time — the timing of signing does not matter for a jurat
Correct answer: In the physical presence of the notary, before the oath is administered
For a jurat, the signer must sign in the notary's presence. Best practice is to sign before the oath is administered, though both must occur in the notary's presence.
For a jurat, both the signing of the document and the administration of the oath must occur in the physical presence of the notary. The typical sequence is: (1) signer appears and is identified; (2) signer signs the document in the notary's presence; (3) notary administers the oath or affirmation. Unlike an acknowledgment, where the signer may have signed the document earlier, a jurat requires a fresh signature before the notary. This ensures the signer is swearing to a document they signed under the notary's supervision.
Question 5: What must a Hawaii notary say or do when administering an oath for a jurat?
- Simply have the signer sign the journal
- Ask the signer to raise their right hand and verbally swear or affirm to the truthfulness of the document (Correct answer)
- Have the signer write their oath in the notary journal
- Read the document aloud to the signer
Correct answer: Ask the signer to raise their right hand and verbally swear or affirm to the truthfulness of the document
An oath requires the signer to verbally swear or affirm. Having the signer raise their right hand is traditional, and the notary must ask them to verbally commit.
When administering an oath for a jurat in Hawaii, the notary should ask the signer to raise their right hand (customary but not legally required) and then ask a question such as: 'Do you swear (or affirm) that the statements made in this document are true and correct to the best of your knowledge?' The signer must verbally respond affirmatively. Simply having them sign the journal without a verbal oath does not constitute a properly administered oath. The verbal commitment is the essential element.
Question 6: An affirmation is an alternative to an oath in Hawaii. When would a signer choose an affirmation instead of an oath?
- When they prefer to avoid taking legal responsibility for the document's content
- When they have a religious or personal objection to swearing an oath (Correct answer)
- Only in civil (non-criminal) matters
- When the document requires a higher level of certification
Correct answer: When they have a religious or personal objection to swearing an oath
An affirmation is a legally equivalent secular alternative for people who have religious or conscientious objections to swearing an oath.
Under Hawaii law and the First Amendment, an affirmation is a legally equivalent alternative to an oath for individuals who have religious or conscientious objections to swearing in the traditional sense (often involving reference to God). An affirmation carries the same legal weight as an oath — the signer is still affirming the truthfulness of the document under penalty of perjury. The notary should never pressure a signer to take an oath if they request an affirmation. Both are equally valid for jurats.
HI Notary Acknowledgments and Jurats 1
What is the key difference between an acknowledgment and a jurat in Hawaii?