HI Notary - Hawaii Notary Performing Notarial Acts Questions and Answers 1 — Questions and Answers
Question 1: A Hawaii notary public is asked to notarize a document for an individual who is physically unable to sign their name. According to Hawaii Revised Statutes, which of the following is a required step for the notary to sign on behalf of the disabled person?
- The notary must have two disinterested witnesses observe the notarization.
- The individual must make an 'X' mark on the signature line, which the notary then notarizes.
- The notary must obtain a written certificate from a doctor verifying the person's physical disability and capacity to communicate intentions. (Correct answer)
- The notary must be a family member or legal guardian of the individual.
Correct answer: The notary must obtain a written certificate from a doctor verifying the person's physical disability and capacity to communicate intentions.
Hawaii Revised Statutes Section 456-19 specifies that if a person cannot physically sign, a notary may sign on their behalf, provided the notary obtains a written doctor's certificate. This certificate must confirm the person's inability to sign due to the disability and their ability to communicate their intentions. The notary must also write 'Signature affixed by notary pursuant to section 456-19, Hawaii Revised Statutes.' beneath the signature.
Question 2: When performing a notarial act in Hawaii, which of the following is NOT a mandatory element of the notary's journal entry?
- The fee charged for the notarial service. (Correct answer)
- The type, date, and time of day of the notarial act.
- The signature and printed name of each person whose signature is notarized.
- The manner in which the signer's identity was verified.
Correct answer: The fee charged for the notarial service.
While it is good practice and often included, recording the fee is not explicitly mandated by Hawaii Revised Statutes §456-15 as a required element of the journal entry. The law does require recording the type and date/time of the act, the signer's information and signature, and the method of identification.
Question 3: A person presents a valid, unexpired passport from a foreign country as identification for a notarization in Hawaii. According to the Hawaii Notary Public Manual, is this an acceptable form of identification?
- No, only a U.S. passport is acceptable.
- Yes, but only if it is accompanied by a secondary form of ID.
- No, the identification must be issued by the State of Hawaii or the U.S. government.
- Yes, a current identification document issued by a national government containing the bearer's photograph and signature is acceptable. (Correct answer)
Correct answer: Yes, a current identification document issued by a national government containing the bearer's photograph and signature is acceptable.
The Hawaii Notary Public Manual states that proof of a signer's identity can be evidenced by a current identification card or document issued by the United States, the State of Hawaii, any other state, or a national government, as long as it contains the bearer's photograph and signature.
Question 4: Which of the following acts is a Hawaii notary public authorized to perform?
- Drafting a simple power of attorney document for a client.
- Certifying a copy of a birth certificate.
- Taking an acknowledgment. (Correct answer)
- Providing legal advice on the contents of a document.
Correct answer: Taking an acknowledgment.
Hawaii law explicitly lists 'taking an acknowledgment' as a primary duty of a notary public. Notaries are prohibited from drafting legal documents or providing legal advice, as this constitutes the unauthorized practice of law. While notaries can certify copies of some documents, they are generally not authorized to certify copies of vital records like birth certificates, which must be obtained from the issuing government agency.
Question 5: A Hawaii notary public maintains their journal in a standard, bound, tangible format. According to Hawaii law, for how long must the notary retain this journal after the date of the last notarial act recorded within it?
- 5 years
- 7 years
- 10 years (Correct answer)
- Indefinitely
Correct answer: 10 years
Hawaii Revised Statutes §456-15 and Hawaii Administrative Rules §5-11-9(f) both mandate that a notary public must retain their journal for a period of ten years after the performance of the last notarial act chronicled in the journal.
Question 6: Under what circumstances may a government notary in Hawaii, whose fees and bond are paid by their government department, perform a notarial act for a non-governmental matter?
- Under no circumstances, as it is strictly prohibited.
- If the head of the department deems it an occasion of urgent necessity and convenience. (Correct answer)
- Only during non-business hours.
- If the person requesting the service makes a donation to a state fund.
Correct answer: If the head of the department deems it an occasion of urgent necessity and convenience.
The Hawaii Notary Public Manual specifies that a government notary is generally limited to performing services related to government business. However, an exception exists where the head of the notary's department judges an occasion to be one of 'urgent necessity and convenience.' In such cases, the notary may perform the act, but the prescribed fees must be collected as government funds.
HI Notary - Hawaii Notary Performing Notarial Acts Questions and Answers 1
A Hawaii notary public is asked to notarize a document for an individual who is physically unable to sign their name.
According to Hawaii Revised Statutes, which of the following is a required step for the notary to sign on behalf of the disabled person?