HI Notary Hawaii Notary Journal and Record Keeping 2 — Questions and Answers
Question 1: What type of journal must a Hawaii notary use — bound or loose-leaf?
- Either bound or loose-leaf — both are permitted
- A permanently bound journal — loose-leaf is not acceptable (Correct answer)
- A loose-leaf binder to allow easy removal of entries
- A digital-only journal is required as of 2024
Correct answer: A permanently bound journal — loose-leaf is not acceptable
Hawaii requires a permanently bound journal to prevent removal or substitution of pages, which would compromise the integrity of the record.
Hawaii notary law requires a permanently bound sequential journal. The requirement for a bound journal is designed to ensure the integrity and immutability of the record — pages in a bound journal cannot be removed or rearranged without evidence of tampering. A loose-leaf binder would allow entries to be added, removed, or reordered, which would undermine the reliability of the record as evidence. Electronic journals are permitted for RON, but traditional notarial acts require a physical bound journal.
Question 2: If a Hawaii notary performs notarial acts in multiple counties, how many journals must they maintain?
- One journal per county where acts are performed
- A single journal for all acts regardless of county (Correct answer)
- Separate journals for in-person and electronic acts only
- One journal per calendar year
Correct 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.
A notary commission in Hawaii is a statewide commission — the notary is authorized to perform acts anywhere in the state. The journal records all notarial acts performed under that commission, regardless of geographic location. Maintaining separate journals by county would be unnecessary, could create confusion, and is not required by law. A single journal with entries listing the location of each act is the proper approach.
Question 3: What information about the document should a Hawaii notary record in their journal?
- The full text of the document
- The title or type of document (e.g., deed, affidavit, contract) (Correct answer)
- The complete list of all parties to the document
- The value of the transaction described in the document
Correct answer: The title or type of document (e.g., deed, affidavit, contract)
The journal entry should include the title or type of document being notarized, not the full text.
Hawaii law requires the journal entry to include the title or general type of the document (e.g., 'warranty deed,' 'affidavit,' 'power of attorney,' 'loan document'). This provides enough information to identify what was notarized without requiring the notary to copy the entire document into the journal. Recording the document type helps in locating specific entries and understanding the context of notarial acts if records are reviewed later.
Question 4: Under Hawaii law, where must a notary store their official journal?
- With the county clerk for public access
- In a secure location under the notary's exclusive control (Correct answer)
- In the employer's office files
- At the notary's attorney's office
Correct answer: In a secure location under the notary's exclusive control
The notary must keep the journal in a secure location under their exclusive control to prevent unauthorized access or tampering.
Under Hawaii notary law, the notary journal is the personal property and responsibility of the notary. It must be kept in a secure location — such as a locked drawer or safe — under the notary's exclusive control. This means neither an employer nor a third party should have unrestricted access to the journal. If an employer provides a storage location, the notary should still have exclusive access to the locked storage. The notary is personally responsible for the security of the journal and the privacy of the information it contains.
Question 5: A Hawaii notary retires and their commission expires. After the 3-year retention period, how should journal records be destroyed?
- They may be thrown in the trash without special precautions
- They should be shredded or otherwise destroyed in a manner that protects signer privacy (Correct answer)
- They must be submitted to the DCCA before destruction
- They should be archived at the state library
Correct answer: They should be shredded or otherwise destroyed in a manner that protects signer privacy
Notary journals contain personal information about signers and should be destroyed in a way that protects that information, such as shredding.
Although Hawaii law does not specify the exact method of destruction, notary journals contain sensitive personal information — names, addresses, signatures, and ID details of signers. When the retention period has passed and the journal is no longer needed, it should be destroyed in a manner that makes the information unreadable and unrecoverable, such as cross-cut shredding. Simply discarding the journal in the trash could expose signers' personal information and potentially create privacy law liability for the former notary.
Question 6: A Hawaii notary's employer asks to retain the notary journal when the notary leaves the company. Must the notary comply?
- Yes — the employer owns the journal since they sponsored the commission
- No — the journal belongs to the notary, not the employer (Correct answer)
- Only if the journal entries relate solely to employer business
- Yes, if the employer provides a signed receipt
Correct answer: No — the journal belongs to the notary, not the employer
The notary journal belongs to the notary, not the employer. The notary must retain the journal regardless of employment changes.
A notary commission is a personal appointment to a public officer role. The notary journal is the notary's official record of their exercise of that public authority. It belongs to the notary, not to any employer. Even if an employer paid for the notary's commission, training, or seal, they have no ownership rights to the journal. When a notary leaves employment, they must take their journal with them. Surrendering the journal to an employer would deprive the notary of records they may need for legal protection and would put sensitive signer information in the employer's hands.
HI Notary Hawaii Notary Journal and Record Keeping 2
What type of journal must a Hawaii notary use — bound or loose-leaf?