HI Notary - Hawaii Notary Prohibited Acts and Misconduct Questions and Answers 1 — Questions and Answers
Question 1: A Hawaii notary public is presented with a document written in a language they do not understand. The signer appears to be fluent in that language but not in English. Which of the following is the most appropriate action for the notary to take?
- Proceed with the notarization as long as the notarial certificate is in English.
- Ask a bilingual person in the vicinity to translate the document for the notary.
- Refuse to notarize the document. (Correct answer)
- Notarize the document but make a note in the journal that the language was foreign.
Correct answer: Refuse to notarize the document.
Hawaii's Notary Public Manual advises that a notary should not notarize a document if they cannot understand the language in which it is written, or if the signer does not appear to understand English. The correct action is to refuse the notarization and refer the person to a notary who is fluent in that language.
Question 2: Under Hawaii law, which of the following actions constitutes a prohibited act for a notary public?
- Charging a fee of $5.00 for administering an oath.
- Notarizing a document for a family member when the notary has no beneficial interest.
- Providing legal advice to the signer regarding the document's contents. (Correct answer)
- Notarizing a document on a Sunday or legal holiday.
Correct answer: Providing legal advice to the signer regarding the document's contents.
According to the Hawaii Administrative Rules, a notary public is explicitly prohibited from providing legal advice unless they are a licensed attorney in the State of Hawaii. The other options are permissible under Hawaii law.
Question 3: A client asks a Hawaii notary to notarize a signature on a document that has several blank spaces. The client assures the notary they will fill in the blanks later. What should the notary do?
- Proceed with the notarization but have the client initial the blank spaces.
- Refuse to notarize the signature on the incomplete document. (Correct answer)
- Complete the notarization and make a detailed note in the record book about the blank spaces.
- Advise the client on what information should be entered in the blank spaces before notarizing.
Correct answer: Refuse to notarize the signature on the incomplete document.
A Hawaii notary public should refuse to notarize a document that contains blank spaces. This is a crucial step to prevent fraudulent use of the notarized document. The signer should be instructed to fill in all blanks before the notarization can be completed.
Question 4: A notary's commission expired two weeks ago. The notary knowingly continues to perform notarial acts, believing the renewal application is still being processed. According to Hawaii law, what is a potential consequence for this misconduct?
- A verbal warning from the Attorney General's office.
- The commission is automatically renewed with a late fee.
- The notary's acts are still valid as long as the renewal was submitted on time.
- The commission may be forfeited, and the acts performed are subject to questions of validity. (Correct answer)
Correct answer: The commission may be forfeited, and the acts performed are subject to questions of validity.
If a notary knowingly fails to renew their commission in a timely manner, the Attorney General may declare the commission forfeited. Any notarial acts performed after the commission has expired are subject to having their validity questioned or contested.
Question 5: Which of the following scenarios represents a conflict of interest that would prohibit a Hawaii notary from performing a notarial act?
- Notarizing a document for a coworker.
- Notarizing a real estate deed where the notary is the grantee (receiver of the property). (Correct answer)
- Notarizing a document for a sibling, where the notary gains no financial benefit.
- Notarizing a document for an employee of a bank, where the notary is also an employee.
Correct answer: Notarizing a real estate deed where the notary is the grantee (receiver of the property).
A notary public cannot act in any transaction where they have a direct beneficial or financial interest. Being a party to the instrument, such as the grantee in a deed, is a clear conflict of interest that disqualifies the notary from performing the notarization.
Question 6: Failure to include the date of notarization, the notary's signature, and the official stamp or seal in a notarial certificate is a violation that can lead to what penalty in Hawaii?
- A mandatory retraining course.
- A civil penalty of $50.
- A misdemeanor charge and automatic revocation of the notary's commission upon conviction. (Correct answer)
- A temporary suspension of the commission for 30 days.
Correct answer: A misdemeanor charge and automatic revocation of the notary's commission upon conviction.
Under Hawaii Revised Statutes §456-21, a notary who fails to include required elements in the notarial certificate, such as the date, signature, and seal, is guilty of a misdemeanor. A conviction results in the automatic revocation of the notary's commission.
HI Notary - Hawaii Notary Prohibited Acts and Misconduct Questions and Answers 1
A Hawaii notary public is presented with a document written in a language they do not understand.
The signer appears to be fluent in that language but not in English.
Which of the following is the most appropriate action for the notary to take?