HI Notary Electronic and Remote Notarization Rules 2 — Questions and Answers
Question 1: Under Hawaii RON rules, can a notary perform a RON session for a signer in a foreign country?
- No — RON is limited to signers within the United States
- Yes — the signer may be located anywhere in the world (Correct answer)
- Only in countries that have signed the Hague Convention
- Only with DCCA special authorization
Correct answer: Yes — the signer may be located anywhere in the world
Hawaii RON law does not restrict the signer's geographic location — the signer may be anywhere in the world.
Hawaii's RON statute does not contain a geographic restriction on the signer's location. A Hawaii RON notary who is physically in Hawaii may serve a signer located in any other U.S. state, U.S. territory, or foreign country. The governing law is Hawaii's (since the notary is in Hawaii). However, whether the resulting notarized document will be accepted in the foreign country depends on that country's laws. For documents to be used abroad, an apostille or authentication may still be required.
Question 2: In Hawaii RON, if the audio-video connection drops during identity verification, what should the notary do?
- Proceed with the notarization from memory of the identity verification
- Stop and restart the session — identity verification must be completed in a continuous, uninterrupted session (Correct answer)
- Call the signer by phone to complete verification
- Complete the session and note the interruption in the journal
Correct answer: Stop and restart the session — identity verification must be completed in a continuous, uninterrupted session
RON sessions should be conducted in a continuous manner. A dropped connection during identity verification requires restarting the process.
The identity verification process in a RON session (credential analysis, KBA, and visual inspection) must be completed in a continuous, uninterrupted audio-visual session. If the connection drops during identity verification, the process is incomplete and the notary cannot proceed based on a partial verification. The session should be terminated and restarted from the beginning of identity verification. Relying on memory of a partial verification or switching to phone would not meet the required security standards.
Question 3: Under Hawaii RON rules, what type of electronic journal must a RON notary maintain?
- A printed paper journal from digital records
- A tamper-evident electronic journal with an entry for each RON notarial act (Correct answer)
- No journal is required for RON acts — only the recording is kept
- A standard paper journal with a digital ID number for each RON act
Correct answer: A tamper-evident electronic journal with an entry for each RON notarial act
RON notaries must maintain a tamper-evident electronic journal recording all RON acts.
Under Hawaii's RON rules, a RON notary must maintain a secure, tamper-evident electronic journal with a separate entry for each RON notarial act. The electronic journal must record the same types of information as a traditional paper journal (date, time, type of act, signer information, etc.) but in electronic form. The tamper-evident requirement means the journal system must be able to detect and document any attempted modifications to entries. This electronic journal is in addition to any paper journal the notary maintains for traditional notarizations.
Question 4: A Hawaii notary wants to charge $25 per RON notarization. Is this permissible?
- Yes — RON providers may charge market rates without limitation
- Only if the $25 falls within the applicable statutory maximum fee for notarial acts (Correct answer)
- No — RON notarizations must be free to ensure accessibility
- Yes — RON fees are completely unregulated
Correct answer: Only if the $25 falls within the applicable statutory maximum fee for notarial acts
RON notarizations are subject to the same fee limits as traditional notarizations under Hawaii law.
Under HRS §456-16, Hawaii sets maximum fees per notarial act. The maximum fee applies to all notarial acts, including those performed via RON. A notary may charge up to the statutory maximum per act. If $25 is at or below the statutory maximum fee per notarial act, it is permissible. RON technology platforms may also charge their own technology fees (platform fees) separately from the notary's fee for the notarial act itself, as these are for the platform service, not the notarial act.
Question 5: Under Hawaii RON law, can a RON notary notarize documents that are entirely in electronic (digital) form?
- No — the physical document must still be signed and brought to a RON session
- Yes — RON is specifically designed for electronic documents signed with electronic signatures (Correct answer)
- Only for real estate transactions
- Only if the document is first printed and then scanned
Correct answer: Yes — RON is specifically designed for electronic documents signed with electronic signatures
RON is specifically designed to support fully electronic transactions, where the document is signed electronically and notarized electronically.
Remote Online Notarization is designed to facilitate fully electronic transactions. The signer uses an electronic signature on an electronic document, and the notary completes the notarization electronically — applying their electronic signature and an electronic seal/stamp to the document. The completed notarized electronic document can then be transmitted and stored electronically. This is one of the primary advantages of RON — it eliminates the need to handle physical paper in transactions that are otherwise conducted entirely online.
Question 6: What happens if a Hawaii RON notary fails to make the required audio-video recording of a RON session?
- Nothing — the recording is optional best practice, not required
- The notarization may be invalid and the notary may face disciplinary action (Correct answer)
- The session must be redone within 24 hours
- The signer must sign an affidavit confirming the session occurred
Correct answer: The notarization may be invalid and the notary may face disciplinary action
Failing to record the RON session violates Hawaii RON requirements and can render the notarization invalid and subject the notary to discipline.
Under Hawaii RON rules, the audio-visual recording of each RON session is mandatory. Failure to make or retain the required recording is a violation of Hawaii notary law. The consequences can include: the notarization being challenged or invalidated (because there is no record of the signer's appearance and identity verification); and disciplinary action against the notary, potentially including suspension or revocation of their notary commission and RON registration. The recording is the primary evidence that the RON session was properly conducted.
HI Notary Electronic and Remote Notarization Rules 2
Under Hawaii RON rules, can a notary perform a RON session for a signer in a foreign country?