Hawaii Notary Public Exam — Questions and Answers

Question 1: A Hawaii notary knows the signer personally from their neighborhood. Can personal knowledge substitute for formal identification?

Only if the notary has known the person for at least 5 years
Only for acknowledgments, not jurats
No — personal knowledge is never acceptable under Hawaii law
Yes — personal knowledge of the individual is listed as a basis for satisfactory evidence (Correct answer)

Correct answer: Yes — personal knowledge of the individual is listed as a basis for satisfactory evidence

Hawaii law allows personal knowledge of the individual as a valid basis for satisfactory evidence of identity.

Question 2: A Hawaii notary is asked to perform a protest of a negotiable instrument. Is this within their authority?

No, this authority was removed from Hawaii notaries in 2020
Only if the notary holds a separate finance license
Yes, protesting negotiable instruments is a traditional notarial act authorized in Hawaii (Correct answer)
No, only banks can protest negotiable instruments

Correct answer: Yes, protesting negotiable instruments is a traditional notarial act authorized in Hawaii

Protesting negotiable instruments (such as dishonored checks or promissory notes) is a traditional notarial function that remains authorized in Hawaii.

Question 3: If a Hawaii notary moves to another state but their commission has not expired, what is their duty?

Nothing, the commission continues until expiration
They must notify the Attorney General and resign their commission (Correct answer)
They can continue notarizing Hawaii documents remotely
Their commission remains valid nationwide

Correct answer: They must notify the Attorney General and resign their commission

A Hawaii notary who is no longer a resident must notify the Attorney General, as residency in Hawaii is a requirement for maintaining an active commission.

Question 4: A Hawaii notary is asked to record the signer's full Social Security number in the journal. Should they comply?

Only if the document relates to financial transactions
No — collecting SSNs is unnecessary and creates privacy and identity theft risks (Correct answer)
Yes — SSN is required for positive identity verification
Yes, but store it separately from the main journal

Correct answer: No — collecting SSNs is unnecessary and creates privacy and identity theft risks

Notaries should not collect Social Security numbers. Government-issued photo ID is sufficient for identity verification, and SSNs create unnecessary privacy risks.

Question 5: A client brings a power of attorney document to a Hawaii notary and asks, "Can you explain what this 'springing power' clause means before I sign?" To avoid liability, what is the notary's most appropriate response?

Suggest the client search for the term online to understand its meaning.
Refuse to answer, stating that the notary is prohibited from providing legal advice and that the client should consult an attorney. (Correct answer)
Notarize the signature but make a note in the journal that the signer was unsure about the document's contents.
Provide a general definition of a springing power of attorney based on common knowledge.

Correct answer: Refuse to answer, stating that the notary is prohibited from providing legal advice and that the client should consult an attorney.

A notary public is strictly prohibited from the unauthorized practice of law, which includes interpreting or explaining the contents of legal documents. Providing a definition or explanation of a legal clause constitutes legal advice. The correct and only safe course of action to avoid liability is to refuse to explain the clause and refer the signer to a qualified attorney for legal advice.

Question 6: A signer presents a valid State of Hawaii driver's license as identification. The physical description on the license is accurate, but the signature on the ID looks noticeably different from the signature the person provides on the document. What is the most appropriate action for the notary to take?

B. Refuse to notarize the document due to the discrepancy. (Correct answer)
D. Have the signer attempt to copy the signature from the driver's license.
C. Proceed with the notarization but make a note of the difference in the journal.
A. Ask for a second form of identification to compare signatures.

Correct answer: B. Refuse to notarize the document due to the discrepancy.

A notary's primary duty is to prevent fraud by confirming the identity of the signer. A significant discrepancy between the signature on the identification and the one being provided raises a red flag. The notary cannot be certain of the signer's identity and should therefore refuse to proceed until the identity can be satisfactorily proven.

Question 7: Which of the following is NOT a required element on a Hawaii notary public's official rubber stamp seal?

The words "Notary Public"
The words "State of Hawaii"
The commission expiration date (Correct answer)
The notary's name as it appears on the commission

Correct answer: The commission expiration date

A Hawaii notary's rubber stamp seal must be circular (1-2 inches in diameter) and contain the notary's name, the words "notary public," and "State of Hawaii." While the commission expiration date MUST be included in every notarial certificate, it is optional to have it on the seal itself.

Question 8: For a civil claim of damages to be successful against a Hawaii notary public due to official neglect, the injured party must demonstrate that their financial loss was:

indirectly related to a minor error in the notarial certificate.
a foreseeable consequence, even if the notary's action was not the primary cause.
the result of the notary providing unauthorized legal advice.
a direct and proximate result of the notary's misconduct or neglect. (Correct answer)

Correct answer: a direct and proximate result of the notary's misconduct or neglect.

Hawaii Revised Statutes §456-6(b) states that the notary and their surety are liable to the party injured for all damages sustained due to official misconduct or neglect. In civil liability cases, this requires the plaintiff to prove "proximate cause," meaning the harm was a direct result of the notary's wrongful act, not an indirect or unrelated consequence.

Question 9: When certifying a copy of a document, what must the notary ensure?

The copy matches the original document in all respects (Correct answer)
The document being copied is notarized
The original document is signed in the presence of the notary
The signer of the original document is present

Correct answer: The copy matches the original document in all respects

When certifying a copy, a notary's role is to attest that the copy is a true, accurate, and complete reproduction of the original document. This requires the notary to compare the copy with the original to ensure they are identical in all material respects, thereby verifying its authenticity as a copy.

Question 10: In Hawaii RON, who is responsible for retaining the audio-video recording — the notary or the technology platform?

The DCCA retains all RON recordings
Always the technology platform — the notary has no recordkeeping obligation for RON
Always the notary personally
The responsibility depends on the contractual arrangement with the RON platform, but the notary remains ultimately responsible for compliance (Correct answer)

Correct answer: The responsibility depends on the contractual arrangement with the RON platform, but the notary remains ultimately responsible for compliance

While RON platforms typically store recordings, the notary retains legal responsibility for ensuring the required records are kept for the required period.

Question 11: A Hawaii notary signs a notarial certificate but forgets to affix their seal. What is the effect?

The notarization is still valid — the signature alone is sufficient
The notary can add the seal the next day without issue
The document recipient must decide whether to accept it
The notarization may be defective or invalid — the seal is a required element (Correct answer)

Correct answer: The notarization may be defective or invalid — the seal is a required element

The notary seal is a required element of a Hawaii notarial certificate. A missing seal makes the notarization potentially defective.

Question 12: When administering an oath in Hawaii, what must the notary ensure from the person taking the oath?

They verbally swear or affirm the truthfulness of their statement (Correct answer)
They provide two forms of government ID
They submit the oath in writing to the county recorder
They sign a written statement in the notary journal

Correct answer: They verbally swear or affirm the truthfulness of their statement

An oath or affirmation requires a verbal commitment from the person to the truthfulness of their statement.

Question 13: A Hawaii notary public is presented with a document written in a language they do not understand. The signer appears to be fluent in that language but not in English. Which of the following is the most appropriate action for the notary to take?

Ask a bilingual person in the vicinity to translate the document for the notary.
Proceed with the notarization as long as the notarial certificate is in English.
Refuse to notarize the document. (Correct answer)
Notarize the document but make a note in the journal that the language was foreign.

Correct answer: Refuse to notarize the document.

Hawaii's Notary Public Manual advises that a notary should not notarize a document if they cannot understand the language in which it is written, or if the signer does not appear to understand English. The correct action is to refuse the notarization and refer the person to a notary who is fluent in that language.

Question 14: During a notarization, a Hawaii notary realizes that the signer is their current landlord, and the document relates to a lease dispute the notary is involved in. What should they do?

Proceed if the landlord agrees to waive any conflict
Proceed but disclose the relationship to all parties
Decline due to the direct personal interest and potential bias (Correct answer)
Proceed since the notary was not named in the document

Correct answer: Decline due to the direct personal interest and potential bias

The notary has a direct personal interest in a dispute involving the landlord, which creates an unacceptable conflict of interest requiring them to decline.

Question 15: An individual's notary public commission in Hawaii has been expired for 15 months. They now wish to perform notarial acts again. What must this individual do?

Complete a continuing education course and retake the exam.
Pay a late renewal fee and submit a renewal application.
Petition the Attorney General for a commission extension.
Reapply as a new applicant for a notary public commission. (Correct answer)

Correct answer: Reapply as a new applicant for a notary public commission.

According to the Hawaii Attorney General's office, any person seeking to restore a forfeited commission more than one year from the date of expiration must reapply as a new applicant. This involves completing the entire process from the beginning, including the application, exam, and obtaining a new bond.

Question 16: Which element is NOT required on a Hawaii notary's official seal?

The notary's commission number
The notary's name
The notary's home address (Correct answer)
The commission expiration date

Correct answer: The notary's home address

A notary's home address is never required on the official seal. Required elements include the notary's name, commission number, and expiration date.

Question 17: Which of the following actions could result in a Hawaii notary's commission being suspended?

Charging less than the maximum fee
Performing notarial acts outside of Hawaii (Correct answer)
Using a blue ink pad instead of black
Notarizing on weekends

Correct answer: Performing notarial acts outside of Hawaii

A Hawaii notary commission authorizes acts only within the state. Performing notarial acts outside Hawaii exceeds their authority and can result in suspension or revocation.

Question 18: Can a Hawaii notary use an electronic journal instead of a paper journal for traditional (in-person) notarial acts?

Yes — electronic journals are always permitted as an alternative
Yes, if the electronic journal is printed monthly
Only with written approval from the DCCA
No — traditional notarial acts require a physical bound journal; electronic journals are only for RON (Correct answer)

Correct answer: No — traditional notarial acts require a physical bound journal; electronic journals are only for RON

For traditional in-person notarial acts, Hawaii requires a physical bound journal. Electronic journals are only specifically authorized for Remote Online Notarization.

Question 19: A notarized document will be sent to a foreign country for use abroad. What additional certification may be required on top of the notarial seal?

A certified translation of the notarial certificate
An apostille or authentication certificate from the Hawaii Department of the Attorney General or Lieutenant Governor's office (Correct answer)
A second notary's signature to authenticate the first
A DCCA certification of the notary's good standing

Correct answer: An apostille or authentication certificate from the Hawaii Department of the Attorney General or Lieutenant Governor's office

For international use, an apostille (for Hague Convention countries) or an authentication certificate may be required to validate the notary's authority in a foreign jurisdiction.

Question 20: A Hawaii notary who is RON-registered moves their office from Honolulu to Maui. What must they do regarding their RON registration?

No action needed — moving within Hawaii has no effect on the RON registration
Update their address with the DCCA — RON registration is statewide, not county-specific (Correct answer)
Re-register as a RON notary for Maui County
Perform a new RON test session before resuming RON services

Correct answer: Update their address with the DCCA — RON registration is statewide, not county-specific

RON registration (like the notary commission itself) is statewide. The notary needs only to update their address with the DCCA.

Question 21: Under Hawaii law, what is the correct order of events when a notary performs a jurat?

Administer oath → identify signer → sign document
Identify signer → administer oath → sign document
Identify signer → sign document → administer oath (Correct answer)
Sign → identify signer → administer oath

Correct answer: Identify signer → sign document → administer oath

For a jurat, the notary first identifies the signer, then the signer signs in the notary's presence, and then swears or affirms to the truthfulness.

Question 22: In Hawaii, which of the following statements about the acknowledgment process is TRUE?

The signer must swear the document's contents are true when making an acknowledgment
The acknowledgment requires two witnesses in addition to the notary
The notary must ask the signer if they signed the document voluntarily and the signer must confirm (Correct answer)
The signer must sign in the notary's presence — prior signatures are invalid

Correct answer: The notary must ask the signer if they signed the document voluntarily and the signer must confirm

The notary must confirm that the signer signed the document voluntarily — this is the acknowledgment the signer makes.

Question 23: A person presents a valid, unexpired passport from a foreign country as identification for a notarization in Hawaii. According to the Hawaii Notary Public Manual, is this an acceptable form of identification?

No, the identification must be issued by the State of Hawaii or the U.S. government.
Yes, but only if it is accompanied by a secondary form of ID.
No, only a U.S. passport is acceptable.
Yes, a current identification document issued by a national government containing the bearer's photograph and signature is acceptable. (Correct answer)

Correct answer: Yes, a current identification document issued by a national government containing the bearer's photograph and signature is acceptable.

The Hawaii Notary Public Manual states that proof of a signer's identity can be evidenced by a current identification card or document issued by the United States, the State of Hawaii, any other state, or a national government, as long as it contains the bearer's photograph and signature.

Question 24: A Hawaii notary is purchasing a new official seal. According to state regulations, the seal must be a rubber stamp that is:

Rectangular, not to exceed 3 inches in length
Square, with blue ink only
An embosser, capable of leaving a raised impression
Circular, with a diameter between 1 and 2 inches (Correct answer)

Correct answer: Circular, with a diameter between 1 and 2 inches

The Hawaii Notary Public Manual and relevant statutes specify that the official seal must be a rubber stamp. The stamp must be circular, with a diameter no less than one inch and no more than two inches, and feature a serrated or milled edge border.

Question 25: A Hawaii notary receives a complaint from a member of the public. Which entity investigates complaints against Hawaii notaries?

The Hawaii Supreme Court
The Office of the Attorney General (Correct answer)
The Hawaii State Bar Association
The Federal Notary Association

Correct answer: The Office of the Attorney General

The Hawaii Office of the Attorney General has jurisdiction to investigate and take disciplinary action against notaries public under HRS Chapter 456.

Question 26: A Hawaii notary's journal is full and they need a new one. What should they do with the completed journal?

Store it securely as a permanent record alongside the new journal (Correct answer)
Give it to their employer for storage
Shred it since a new journal will continue the records
Send it to the Attorney General for archival

Correct answer: Store it securely as a permanent record alongside the new journal

The completed journal must be stored securely by the notary as a permanent record. It remains the notary's responsibility until commission termination.

Question 27: A Hawaii notary changes their legal name. Can they continue using their old seal while waiting for the new one to arrive?

No — they must stop performing notarial acts until the new seal bearing their new name is obtained (Correct answer)
Yes, but only for 30 days after the name change
Yes, if they write their new name next to the old seal impression
Yes — the old seal is still valid until the new one is ready

Correct answer: No — they must stop performing notarial acts until the new seal bearing their new name is obtained

A seal bearing an incorrect (old) name should not be used. The notary should pause notarial acts until a new seal with the correct name is obtained.

Question 28: 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
There is no difference — they are interchangeable
A jurat is only for real estate documents; an acknowledgment is for all others
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)

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.

Question 29: A Hawaii notary's commission is about to expire. When should they begin the renewal process?

Any time within 2 years after expiration
There is no renewal — they must apply as a new applicant
At least 60–90 days before expiration to ensure continuity (Correct answer)
The day the commission expires

Correct answer: At least 60–90 days before expiration to ensure continuity

Notaries should begin renewal well before expiration (at least 60–90 days) to avoid any lapse in their authority to notarize.

Question 30: A Hawaii notary is subpoenaed to produce their notarial journal as evidence in a court case. Must they comply?

No, the journal is the notary's private property
Only if the case involves the notary as a defendant
Only if the Attorney General approves
Yes, the journal is an official record subject to subpoena (Correct answer)

Correct answer: Yes, the journal is an official record subject to subpoena

The notarial journal is an official record, and a valid subpoena compels the notary to produce it regardless of the notary's preference.

Question 31: When a Hawaii notary uses a credible witness to identify a signer, what must the notary do with regard to the witness?

Record the witness's information in the notary journal and have the witness swear to the signer's identity (Correct answer)
File the witness's ID with the state notary office
Have the witness sign the document as a co-signer
Simply note the witness's name in the margin of the document

Correct answer: Record the witness's information in the notary journal and have the witness swear to the signer's identity

The notary must record the credible witness's information in the journal and administer an oath to the witness that the signer is who they claim to be.

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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