Hawaii Notary Public Exam — Questions and Answers

Question 1: Under Hawaii law, a notary must be physically present with a signer when performing which type of notarial act?

Any notarial act unless RON is authorized (Correct answer)
Jurats only
Remote online notarization only
Acknowledgments only

Correct answer: Any notarial act unless RON is authorized

Unless using authorized remote online notarization, Hawaii notaries must be in the physical presence of the signer when performing any notarial act.

Question 2: Which of the following documents is acceptable as satisfactory evidence of identity under Hawaii notary law?

An unsigned Social Security card
A U.S. military identification card with photo and signature (Correct answer)
A library card with the signer's name
A gym membership card with photo

Correct answer: A U.S. military identification card with photo and signature

A U.S. military ID is a government-issued photo ID with signature, which meets the standard for satisfactory evidence.

Question 3: A notary discovers that a document they notarized contains incorrect information. What is the appropriate action?

Ignore the mistake if the document was signed and notarized in good faith
Notify the signer and advise them to have the document corrected (Correct answer)
Contact the document's issuer and request a revised version
Correct the information in the document and notarize it again

Correct answer: Notify the signer and advise them to have the document corrected

A notary's role is to verify identities and witness signatures, not to validate the content or accuracy of a document. If a notary discovers incorrect information in a document they previously notarized, they cannot alter the document or their journal entry. The appropriate action is to notify the signer, as it is the signer's responsibility to ensure the document's accuracy and seek appropriate corrections from the document's author or issuer.

Question 4: An applicant for a Hawaii Notary Public commission has submitted their online application and it has been approved by the Attorney General. What is the immediate next step in the commissioning process?

File an oath of office with the circuit court.
Purchase a $1,000 surety bond.
Pass a written, closed-book examination. (Correct answer)
Order an official notary seal.

Correct answer: Pass a written, closed-book examination.

After the Attorney General approves the application, the applicant is required to pass a written, closed-book examination covering Hawaii's notary laws and rules before proceeding to other steps like securing a bond or seal.

Question 5: What happens to a Hawaii notary's commission if they are convicted of a felony?

The commission is automatically suspended for one year
Nothing, unless the felony involved fraud
The commission is revoked (Correct answer)
The notary must pay a fine to keep their commission

Correct answer: The commission is revoked

A felony conviction results in revocation of the notary's commission, as it demonstrates the notary no longer meets the character requirements for the position.

Question 6: A Hawaii notary public is asked to notarize a document for an individual who is physically unable to sign their name. According to Hawaii Revised Statutes, which of the following is a required step for the notary to sign on behalf of the disabled person?

The notary must obtain a written certificate from a doctor verifying the person's physical disability and capacity to communicate intentions. (Correct answer)
The notary must have two disinterested witnesses observe the notarization.
The individual must make an 'X' mark on the signature line, which the notary then notarizes.
The notary must be a family member or legal guardian of the individual.

Correct answer: The notary must obtain a written certificate from a doctor verifying the person's physical disability and capacity to communicate intentions.

Hawaii Revised Statutes Section 456-19 specifies that if a person cannot physically sign, a notary may sign on their behalf, provided the notary obtains a written doctor's certificate. This certificate must confirm the person's inability to sign due to the disability and their ability to communicate their intentions. The notary must also write 'Signature affixed by notary pursuant to section 456-19, Hawaii Revised Statutes.' beneath the signature.

Question 7: What does a Hawaii notary attest to when performing a copy certification?

That the copy is a true, correct, and complete reproduction of the original (Correct answer)
That the document has been previously notarized
That the original document is legally valid and authentic
That the person requesting the copy is the document's owner

Correct answer: That the copy is a true, correct, and complete reproduction of the original

A copy certification is the notary's attestation that the copy is a true, correct, and complete reproduction of the original document.

Question 8: What is the primary purpose of an acknowledgment in notarial practice?

To certify a copy of the document
To verify the identity of the signer and acknowledge their signature (Correct answer)
To swear an oath to the document
To witness the signing of a document without verifying identity

Correct answer: To verify the identity of the signer and acknowledge their signature

The primary purpose of an acknowledgment is for a signer to declare to the notary that they willingly signed a document and for the notary to verify the signer's identity. The notary certifies that the signer appeared before them and acknowledged their signature as their free act and deed, without attesting to the truthfulness of the document's contents.

Question 9: What is the statute of limitations concern for a Hawaii notary regarding E&O insurance?

Claims must be filed within 1 year — E&O insurance is not needed after that
Notarial acts can be challenged long after they are performed, so E&O coverage should span the period when claims could arise (Correct answer)
There is no statute of limitations for notarial misconduct claims
The statute of limitations for notarial claims is exactly 3 years in all cases

Correct answer: Notarial acts can be challenged long after they are performed, so E&O coverage should span the period when claims could arise

Claims against notaries can arise years after the notarial act. E&O insurance that covers the relevant time period is important for long-term protection.

Question 10: What is the 'venue' in a Hawaii notarial certificate?

The location where the document will be filed
The notary's office address
The state and county where the notarial act took place (Correct answer)
The name of the court having jurisdiction over the document

Correct answer: The state and county where the notarial act took place

The venue identifies where the notarial act occurred — typically 'State of Hawaii, County of [county name]'.

Question 11: A Hawaii notary wants to charge $25 per RON notarization. Is this permissible?

Only if the $25 falls within the applicable statutory maximum fee for notarial acts (Correct answer)
Yes — RON fees are completely unregulated
No — RON notarizations must be free to ensure accessibility
Yes — RON providers may charge market rates without limitation

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.

Question 12: A Hawaii notary retires and their commission expires. After the 3-year retention period, how should journal records be destroyed?

They may be thrown in the trash without special precautions
They should be archived at the state library
They should be shredded or otherwise destroyed in a manner that protects signer privacy (Correct answer)
They must be submitted to the DCCA before destruction

Correct answer: They should be shredded or otherwise destroyed in a manner that protects signer privacy

Notary journals contain personal information about signers and should be destroyed in a way that protects that information, such as shredding.

Question 13: Which of the following is TRUE about a Hawaii notary's seal impression?

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

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.

Question 14: A Hawaii notary is offered a $100 tip by a grateful signer after completing a notarization. What is the ethically correct action?

Decline and explain that the statutory fee is the only compensation allowed for the act (Correct answer)
Accept only if it is less than the statutory fee maximum
Accept it but report it as income
Accept it as a voluntary gift unrelated to the notarial fee

Correct answer: Decline and explain that the statutory fee is the only compensation allowed for the act

Accepting tips or bonuses beyond the statutory fee could be viewed as overcharging. The notary should politely decline and explain the fee limitations.

Question 15: A Hawaii notary's seal is stolen. What is the first thing the notary should do?

Notify the DCCA and/or the Office of the Attorney General and potentially file a police report (Correct answer)
Wait to see if the seal is recovered before taking action
Purchase a replacement seal before doing anything else
Continue notarizing without a seal until a replacement arrives

Correct answer: Notify the DCCA and/or the Office of the Attorney General and potentially file a police report

A stolen seal is a serious matter — the notary must immediately report it to the appropriate authorities to protect against fraudulent use.

Question 16: When performing a notarial act for a signer who communicates through a sign language interpreter, what should the Hawaii notary ensure?

The interpreter must also be a notary
The interpreter must be certified and the notary must be satisfied that communication is accurate (Correct answer)
The interpreter must sign the document as well
Sign language users cannot have documents notarized

Correct answer: The interpreter must be certified and the notary must be satisfied that communication is accurate

The notary should use a qualified interpreter and be reasonably satisfied that communication is accurate enough to verify identity and willingness.

Question 17: What should a Hawaii notary do if they are instructed by their employer to notarize a document without the signer being present?

Comply if the document relates to the employer's own business
Comply — employer instructions override notary rules
Refuse — employer instructions cannot override statutory notary requirements (Correct answer)
Comply only if the employer provides written authorization

Correct answer: Refuse — employer instructions cannot override statutory notary requirements

A notary's legal obligations are to Hawaii law, not their employer's convenience. No employer instruction can authorize an illegal notarization.

Question 18: A Hawaii notary discovers they made an error on a previously notarized document from two weeks ago. Can they correct it?

No, they can never alter a completed notarization
Yes, by crossing out the error on the original certificate
Yes, by issuing a new notarial certificate and attaching it to the original (Correct answer)
Yes, by going back and re-stamping the corrected document

Correct answer: Yes, by issuing a new notarial certificate and attaching it to the original

A notary may correct a previous error by completing a new notarial certificate, but should not alter the original certificate or re-stamp the document.

Question 19: A Hawaii notary journal was lost or stolen. What must the notary do?

Replace the journal and continue without notification
Nothing — there is no reporting requirement for a lost journal
Immediately notify the state notary authority (DCCA/Attorney General) and potentially file a police report (Correct answer)
Stop performing notarial acts until the journal is found

Correct answer: Immediately notify the state notary authority (DCCA/Attorney General) and potentially file a police report

A lost or stolen notary journal must be reported to the notary authority because it contains sensitive information about signers.

Question 20: Under Hawaii law, what is the primary purpose of verifying a signer's identity before notarization?

To verify the signer is a Hawaii resident
To confirm the signer has read and understood the document
To ensure the person signing is who they claim to be, preventing fraudulent signatures (Correct answer)
To determine if the signer is legally competent to enter contracts

Correct answer: To ensure the person signing is who they claim to be, preventing fraudulent signatures

Identity verification is about confirming the signer is who they say they are, which prevents someone from signing a document in another person's name.

Question 21: A Hawaii notary's commission is revoked by the Attorney General. What happens to their notary journal?

The journal becomes public record accessible to anyone
The journal is automatically destroyed by the state
The journal is surrendered to the Attorney General immediately
The notary (or their designee) retains the journal and must keep it for the required period (Correct answer)

Correct answer: The notary (or their designee) retains the journal and must keep it for the required period

Even after revocation, the notary retains responsibility for the journal and must keep it for the required retention period.

Question 22: After receiving their commission, a new Hawaii Notary Public must file several items with the clerk of the circuit court where they reside. Which of the following is NOT required to be filed?

A photocopy of the notary's commission.
A specimen of the notary's official signature.
The original $1,000 surety bond.
A copy of the written examination results. (Correct answer)

Correct answer: A copy of the written examination results.

Hawaii law requires newly commissioned notaries to file a copy of their commission, an impression of their seal, a specimen of their signature, and their original, judge-approved $1,000 surety bond with the clerk of the circuit court. The exam results are part of the application process with the Attorney General's office and are not filed with the court.

Question 23: Under Hawaii RON law, can a RON notary notarize documents that are entirely in electronic (digital) form?

Only if the document is first printed and then scanned
No — the physical document must still be signed and brought to a RON session
Only for real estate transactions
Yes — RON is specifically designed for electronic documents signed with electronic signatures (Correct answer)

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.

Question 24: For a notarial act performed for a remotely located individual in Hawaii, what is the maximum fee a notary is entitled to charge?

$25.00 (Correct answer)
$50.00
$15.00
$5.00

Correct answer: $25.00

Hawaii Revised Statutes §456-17(8) specifies that for notarial acts performed for a remotely located individual, a notary may charge a maximum fee of $25.00. This is significantly higher than the standard $5.00 fee for in-person notarizations.

Question 25: Which of the following constitutes notarial misconduct under Hawaii law?

Charging the maximum statutory fee for a notarization
Keeping a notary journal
Refusing to notarize a document because the signer has no ID
Performing a notarization for a close family member without disclosing the relationship (Correct answer)

Correct answer: Performing a notarization for a close family member without disclosing the relationship

Notarizing for a close family member is generally prohibited because of the conflict of interest, and not disclosing such a relationship can constitute misconduct.

Question 26: A Hawaii notary is asked to notarize a document in which they have a direct financial interest. What should they do?

Proceed if the document is otherwise valid
Proceed but disclose the interest
Decline and refer the signer to another notary (Correct answer)
Proceed only if no other notary is available

Correct answer: Decline and refer the signer to another notary

A notary must decline to notarize any document in which they have a direct financial interest, as this creates a conflict of interest that undermines impartiality.

Question 27: Which of the following is required for a notary to perform a jurat?

The notary must verify the signer's identity and administer an oath or affirmation (Correct answer)
The notary must certify a copy of the document
The notary must provide a written statement about the document's content
The notary must witness the signature without verifying the signer's identity

Correct answer: The notary must verify the signer's identity and administer an oath or affirmation

A jurat is a notarial act where the signer swears or affirms the truthfulness of the document's contents in the notary's presence. For a valid jurat, the notary must identify the signer, administer an oath or affirmation, and witness the signer's signature, thereby attesting that the signer made the oath or affirmation.

Question 28: A visitor from Japan needs a document notarized in Hawaii. Which of the following forms of identification would be considered "satisfactory evidence" of identity for the notary to accept?

B. An international driving permit accompanied by a Japanese driver's license.
C. A credit card with a photograph issued by a major Japanese bank.
A. A valid, unexpired passport issued by the Japanese government. (Correct answer)
D. A certified copy of the visitor's birth certificate.

Correct answer: A. A valid, unexpired passport issued by the Japanese government.

Hawaii law permits notaries to accept a current identification card or document issued by a national government that contains the bearer's photograph and signature. A valid foreign passport meets these criteria.

Question 29: If a Hawaii notary loses their official seal, what is their FIRST required action?

File a police report only
Purchase a new seal immediately
Notify the Attorney General's office promptly (Correct answer)
Stop performing notarial acts permanently

Correct answer: Notify the Attorney General's office promptly

The notary must promptly notify the Attorney General's office of the lost seal so appropriate steps can be taken to prevent unauthorized use.

Question 30: A Hawaii notary signs a notarial certificate for a document after being told it is needed quickly and without following standard procedures. The document is later used in fraud. Which best describes the notary's liability?

Limited — only the person who committed the fraud is liable
None — the DCCA indemnifies notaries for procedural errors
Significant — cutting corners on required procedures is negligence at minimum and may be willful misconduct (Correct answer)
None — good intentions protect the notary from liability

Correct answer: Significant — cutting corners on required procedures is negligence at minimum and may be willful misconduct

Failing to follow required procedures, even under time pressure, is at minimum negligence and can expose the notary to significant civil and potentially criminal liability.

Question 31: A Hawaii notary notarizes a document knowing the signer is using a false identity. What liability does the notary face?

No liability since they are not law enforcement
A warning letter from the Attorney General
Criminal prosecution and civil liability (Correct answer)
Civil liability only

Correct answer: Criminal prosecution and civil liability

Knowingly notarizing a document with a false identity constitutes fraud and exposes the notary to both criminal prosecution and civil liability for damages.

Hawaii Notary Public Exam

The Hawaii Notary Public Exam is a closed-book written examination administered by the Hawaii Department of the Attorney General, covering statutory notary laws, notarial acts, duties and liabilities, identification of signers, recordkeeping requirements, and ethical responsibilities required to obtain a Hawaii notary public commission.

Questions

60 min

Time Limit

80%

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