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
A Hawaii notary knows the document they are being asked to notarize is a forged signature. What must the notary do?
Answer: Refuse to notarize and, where appropriate, report suspected fraud
A notary must refuse to notarize a document with a known forged signature. Knowingly notarizing a forgery could make the notary complicit in fraud.
May a Hawaii notary notarize a blank document, with the understanding that the signer will fill it in later?
Answer: No — notarizing a blank document is prohibited because it creates a fraud risk
Notarizing a blank document is never permitted because the blank content could be fraudulently completed after the notarization.
What should a Hawaii notary do if they are instructed by their employer to notarize a document without the signer being present?
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.
A Hawaii notary performs a notarial act for compensation not related to the statutory notary fee (e.g., charging a 'document preparation' fee). Is this permissible?
Answer: It depends — if the notary is also a licensed professional (e.g., paralegal), fees for separate services may be permissible if clearly disclosed
A notary who also provides separate professional services (e.g., a paralegal preparing documents) may charge for those separate services, provided they do not constitute unauthorized practice of law and are clearly disclosed as separate from the notarization.
A person presents a document to a Hawaii notary and says they signed it a week ago. The notary was not present for that signing. What should the notary do if an acknowledgment is needed?
Answer: Accept it — the signer is acknowledging the signature, and it doesn't matter when it was signed
For an acknowledgment, the signer does not have to re-sign; they must appear before the notary and acknowledge that they previously signed the document. This is the purpose of an acknowledgment.
A Hawaii notary receives a complaint from a member of the public. Which entity investigates complaints against Hawaii notaries?
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.