HI Notary Certificates, Seals, and Fees 2 — Questions and Answers

Question 1: Under Hawaii law, what must a notary public include on their official seal?

Only the notary's name
The notary's name, commission number, and commission expiration date (Correct answer)
The notary's name and the state seal of Hawaii
Only the commission expiration date

Correct answer: The notary's name, commission number, and commission expiration date

Hawaii requires the notary seal to contain the notary's name, commission number, and commission expiration date to ensure proper identification and validity verification.

Hawaii Revised Statutes (HRS) Chapter 456 mandates that a notary's official seal must include their full legal name, their commission number assigned by the Attorney General's office, and the expiration date of their commission. These elements together allow any person examining a notarized document to verify the notary's identity and confirm they were authorized at the time of notarization. The seal serves as the notary's official mark of authority, and omitting any required element could render the notarization defective.

Question 2: What is the maximum fee a Hawaii notary may charge per notarial act?

$2.00
$5.00 (Correct answer)
$10.00
$15.00

Correct answer: $5.00

Hawaii law sets the maximum fee a notary may charge at $5.00 per notarial act, though a notary may choose to charge less or waive the fee entirely.

Under HRS 456-16, the maximum fee a Hawaii notary public may charge is $5.00 for each notarial act performed. This fee cap applies regardless of the type of notarial act, whether it is an acknowledgment, jurat, oath, or other authorized act. Notaries are permitted to charge less than the maximum or even provide services at no charge. Charging more than the statutory maximum constitutes a violation and could subject the notary to disciplinary action by the Attorney General's office.

Question 3: When must a Hawaii notary attach or emboss their official seal on a document?

Only when the signer requests it
Only on real estate documents
At the time the notarial act is performed (Correct answer)
Within 30 days of the notarial act

Correct answer: At the time the notarial act is performed

The notary must affix their seal at the time the notarial act is performed, not before or after, to ensure the seal accurately reflects the notarization event.

Hawaii law requires the notary to affix their official seal to the document at the time the notarial act is performed. This contemporaneous requirement ensures the integrity of the notarization process. If a notary were to add a seal before or after the actual notarial act, it could create opportunities for fraud or misrepresentation. The seal serves as the notary's official attestation that they personally witnessed the signing, administered the oath, or performed whatever notarial act was required at that specific time.

Question 4: Which of the following is TRUE about a Hawaii notary's seal impression?

It must be a rubber stamp only
It must be an embosser only
It may be either a rubber stamp or an embosser (Correct answer)
It must be both a rubber stamp and an embosser used together

Correct answer: It may be either a rubber stamp or an embosser

Hawaii permits notaries to use either a rubber stamp seal or an embosser seal, giving them flexibility in choosing their seal format.

Hawaii law does not mandate a specific format for the notary seal, allowing notaries to choose between a rubber stamp or a crimping embosser. Many notaries prefer rubber stamps because they produce a more visible and reproducible impression, which is especially important for documents that will be scanned or copied. However, embossers provide a raised impression that is difficult to photocopy, adding a layer of anti-fraud protection. Some notaries use both for added security, though this is not required by law.

Question 5: A Hawaii notary completes a notarial certificate but realizes they used incorrect wording. What should they do?

Cross out the error and initial the correction
Start over with a new notarial certificate (Correct answer)
White out the error and rewrite
Ignore the error if it is minor

Correct answer: Start over with a new notarial certificate

The proper procedure is to start over with a new notarial certificate rather than altering the existing one, which could raise questions about document integrity.

When a notarial certificate contains errors in wording, the best practice under Hawaii notary standards is to prepare a new, correct notarial certificate rather than attempting to modify the flawed one. Alterations such as cross-outs, whiteouts, or interlineations on a notarial certificate can compromise the document's integrity and may cause it to be rejected by recording offices, courts, or other entities. By completing a fresh certificate with correct wording, the notary ensures the document maintains its legal validity and professional appearance.

Question 6: Who is responsible for the safekeeping of a Hawaii notary's official seal?

The notary's employer
The Attorney General's office
The notary public personally (Correct answer)
The county clerk

Correct answer: The notary public personally

The notary public is personally responsible for the security and safekeeping of their official seal at all times, preventing unauthorized use.

Under Hawaii law, the notary public bears sole personal responsibility for the safekeeping and security of their official seal. This means the notary must ensure the seal is stored securely when not in use, is never accessible to unauthorized individuals, and is not used by anyone else. If a seal is lost, stolen, or damaged, the notary must promptly notify the Attorney General's office. An employer cannot require a notary to surrender their seal, and upon commission expiration, resignation, or revocation, the notary must destroy or surrender the seal as directed by law.

HI Notary Certificates, Seals, and Fees 2

Under Hawaii law, what must a notary public include on their official seal?