Mixed Deck — All HI NOTARY Topics Flashcards

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.

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?

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.

Before completing a copy certification, what must the Hawaii notary personally do?

Answer: Compare the copy to the original document

The notary must personally compare the copy against the original to verify the copy is a true and complete reproduction.

When performing a jurat in Hawaii, at what point must the signer sign the document?

Answer: In the physical presence of the notary, before the oath is administered

For a jurat, the signer must sign in the notary's presence. Best practice is to sign before the oath is administered, though both must occur in the notary's presence.

Can a Hawaii notary complete a notarial certificate that was already partially filled in by someone else?

Answer: Yes — the notary may complete blank portions as long as they verify the information is accurate

It is common for certificate forms to be pre-printed with some fields completed. The notary may fill in remaining blanks, sign, and seal the certificate.

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

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.

What shape must a Hawaii notary's official seal be?

Answer: Either a circle or rectangle, as specified by HRS §456-6

Under HRS §456-6, Hawaii notary seals may be either circular or rectangular in shape.

To perform RON in Hawaii, what must a notary do before using the technology?

Answer: Register as a RON notary with the DCCA and use an approved RON technology platform

Hawaii notaries who wish to perform RON must register with the DCCA and use a state-approved RON technology provider.

What is the primary function of a notarial certificate in Hawaii?

Answer: To formally certify the specific notarial act performed, including the notary's authentication

The notarial certificate formally certifies the specific act performed (e.g., acknowledgment or jurat) and provides the notary's official authentication.

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.

What should a notary do if they realize they have made a mistake in a notarized document?

Answer: Notify the signer and redo the notarization if necessary

If a notary discovers a mistake in a notarized document, the appropriate action is to inform the signer and, if the mistake is material, perform a new notarization. Simply crossing out or altering the document after the notarial act is completed can invalidate the notarization and potentially lead to legal issues, as it compromises the integrity of the act.

If a Hawaii notary performs notarial acts in multiple counties, how many journals must they maintain?

Answer: A single journal for all acts regardless of county

A Hawaii notary maintains one sequential journal for all notarial acts, regardless of which county they are performed in.

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?

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.

Can a Hawaii notary use RON to perform all types of notarial acts, or are some restricted?

Answer: Some acts may be restricted; the notary should verify which acts are authorized for RON under current Hawaii law

While RON enables many notarial acts, certain types may have restrictions. The notary should stay current with Hawaii law regarding which acts are authorized for remote performance.

What must be included in a Hawaii notary's journal entry when using a credible witness to identify a signer?

Answer: The witness's name, address, and ID information, in addition to the signer's information

When a credible witness is used to identify the signer, the journal entry must include the witness's identifying information as well as the signer's.

If a signer's appearance differs significantly from the photo on their ID (e.g., weight change, new beard), what should a Hawaii notary do?

Answer: Use professional judgment — if reasonably satisfied the person matches the ID, proceed; otherwise ask for additional verification

Notaries must exercise professional judgment. Significant appearance changes are normal, but the notary must be reasonably satisfied the person matches the ID.

A Hawaii notary performs a notarization and applies the seal, but later discovers the seal expired three months ago (the commission was renewed but the seal was not updated). Are those notarizations valid?

Answer: Potentially problematic — the seal must show the current commission expiration date, and outdated seals can create questions of validity

Using a seal with an outdated expiration date when the commission has been renewed creates questions about the seal's validity and compliance with statutory requirements.

Under Hawaii Revised Statutes, the method of identifying a signer as being "personally known" to the notary requires:

Answer: C. An acquaintance derived from association sufficient to establish identity with reasonable certainty.

Hawaii law defines "personally knowing" as having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty. This implies a higher standard than a single meeting, public recognition, or a third-party referral.

Which statement about copy certifications in Hawaii is TRUE?

Answer: Notaries may certify copies of private documents but not government-issued records

Hawaii notaries are authorized to certify copies of private documents but are prohibited from certifying copies of government-issued or government-held records.

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.