Duties and Liabilities Flashcards

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

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.

Which of the following is a primary duty of a Hawaii notary public?

Answer: Positively identifying the signer before notarizing

A notary's primary duty is to positively identify the signer through acceptable identification methods, not to provide legal advice or evaluate documents.

A Hawaii notary's surety bond primarily protects whom?

Answer: Members of the public who are harmed by the notary's misconduct

The surety bond exists to protect members of the public who suffer financial harm due to the notary's negligence or misconduct in performing notarial acts.

Under Hawaii law, can a notary be held liable for notarizing a document when the signer appeared willing but was actually under duress?

Answer: Yes, if the notary observed signs of duress and proceeded anyway

A notary may be held liable if they observed or should have observed signs that the signer was under duress and still proceeded with the notarization.

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

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.

A notary in Hawaii performs a notarization but forgets to record it in their journal. What is the consequence?

Answer: The notary has violated their statutory duty and may face disciplinary action

Failing to record a notarial act in the journal violates the notary's statutory duty to maintain proper records and may result in disciplinary action.