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Prohibited Acts and Misconduct Flashcards

6 cards from real HI NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Prohibited Acts and Misconduct flashcards as text
  1. A Hawaii notary is asked to notarize a document in which they are named as a beneficiary. What should the notary do?

    Answer: Refuse — a notary cannot notarize a document in which they have a direct financial or beneficial interest

    A notary with a direct financial or personal interest in the document must refuse to notarize to avoid a conflict of interest.

  2. Which of the following constitutes notarial misconduct under Hawaii law?

    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.

  3. A Hawaii notary is asked to backdate a notarial certificate to reflect a date when the signer was previously present. This is:

    Answer: A form of fraud and a serious violation of Hawaii notary law

    Backdating a notarial certificate is fraudulent and illegal, regardless of who requests it or for what purpose.

  4. Under Hawaii law, may a notary public give legal advice about a document they are notarizing?

    Answer: Yes, if the notary is also a licensed attorney

    A notary who is also a licensed Hawaii attorney may provide legal advice. However, acting solely as a notary does not authorize providing legal advice.

  5. A notary is offered a $100 tip for expediting a notarization. May the notary accept this in Hawaii?

    Answer: No — accepting fees beyond the statutory maximum is a violation

    Hawaii sets maximum fees for notarial acts. Accepting payment above that maximum, whether called a 'tip' or not, violates the fee statutes.

  6. A Hawaii notary stamps and signs a certificate without the signer being present, planning to have the signer appear later. This practice is:

    Answer: A serious violation — the notarial act must occur in the presence of the signer at the time of signing

    Pre-signing or pre-sealing notarial certificates before the signer appears is a serious violation and invalidates the notarization.