HI Notary - Hawaii Notary Identifying Signers Questions and Answers 1 — Questions and Answers
Question 1: A signer appears before a Hawaii notary but has no acceptable identification. The signer is accompanied by a friend, whom the notary personally knows. To properly identify the signer through this credible witness, the notary must:
- A. Require the credible witness to sign an affidavit of identity.
- B. Have the credible witness present their own valid government-issued ID.
- C. Record the credible witness's address in the journal.
- D. Administer an oath or affirmation to the credible witness, who then vouches for the signer's identity. (Correct answer)
Correct answer: D. Administer an oath or affirmation to the credible witness, who then vouches for the signer's identity.
According to Hawaii law, a notary can identify a signer through a credible witness who is personally known to the notary. The core requirement for this process is that the credible witness must swear or affirm under penalty of perjury that the person appearing is the individual they claim to be.
Question 2: A visitor from Japan needs a document notarized in Hawaii. Which of the following forms of identification would be considered "satisfactory evidence" of identity for the notary to accept?
- A. A valid, unexpired passport issued by the Japanese government. (Correct answer)
- B. An international driving permit accompanied by a Japanese driver's license.
- C. A credit card with a photograph issued by a major Japanese bank.
- D. A certified copy of the visitor's birth certificate.
Correct answer: A. A valid, unexpired passport issued by the Japanese government.
Hawaii law permits notaries to accept a current identification card or document issued by a national government that contains the bearer's photograph and signature. A valid foreign passport meets these criteria.
Question 3: Under Hawaii Revised Statutes, the method of identifying a signer as being "personally known" to the notary requires:
- A. The notary having met the signer at a business function within the last year.
- B. The signer being a public figure whose face is commonly recognized.
- C. An acquaintance derived from association sufficient to establish identity with reasonable certainty. (Correct answer)
- D. A referral from a mutual friend or colleague.
Correct 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.
Question 4: 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?
- A. Ask for a second form of identification to compare signatures.
- B. Refuse to notarize the document due to the discrepancy. (Correct answer)
- C. Proceed with the notarization but make a note of the difference in the journal.
- D. Have the signer attempt to copy the signature from the driver's license.
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 5: When a Hawaii notary identifies a signer using an identification document, which of the following is NOT a required characteristic of that document?
- A. It must contain the signer's photograph.
- B. It must be issued by a state or federal government.
- C. It must contain a serial or identification number. (Correct answer)
- D. It must contain the signer's signature.
Correct answer: C. It must contain a serial or identification number.
Hawaii law requires that acceptable identification documents must be current, be issued by the United States, a state, or a national government, and contain both the bearer's photograph and signature. While most government-issued IDs have a serial number, it is not a specifically mandated element for notarial identification purposes.
Question 6: A signer comes to a Hawaii notary with an expired State of Hawaii driver's license. The license expired two months ago. The signer has no other form of identification. How should the notary proceed?
- A. Accept the license since it is only recently expired and state-issued.
- B. Refuse the notarization as the identification must be current. (Correct answer)
- C. Proceed with the notarization but note in the journal that the ID was expired.
- D. Accept the expired license if the signer is accompanied by a witness.
Correct answer: B. Refuse the notarization as the identification must be current.
The Hawaii Attorney General's office and the Notary Public Manual specify that identification must be current. An expired ID is not valid for the purpose of identifying a signer for a notarial act. The notary would need to refuse the notarization or identify the signer through other legal means, such as a credible witness.
HI Notary - Hawaii Notary Identifying Signers Questions and Answers 1
A signer appears before a Hawaii notary but has no acceptable identification.
The signer is accompanied by a friend, whom the notary personally knows.
To properly identify the signer through this credible witness, the notary must: