HI Notary Notarial Acts and Procedures 2 — Questions and Answers

Question 1: When performing a jurat in Hawaii, what must the signer do in the notary's presence?

Only present their identification
Sign the document and take an oath or affirmation about its truthfulness (Correct answer)
Simply acknowledge their signature
Provide a verbal summary of the document's contents

Correct answer: Sign the document and take an oath or affirmation about its truthfulness

A jurat requires two actions in the notary's presence: the signer must sign the document AND take an oath or affirmation that the contents are true.

A jurat (verification on oath or affirmation) in Hawaii involves two distinct requirements that must both occur in the notary's presence. First, the signer must sign the document while the notary watches -- unlike an acknowledgment, the signature cannot have been made beforehand. Second, the signer must take an oath or affirmation that the statements in the document are true and correct. The notary administers this oath by asking the signer to swear or affirm to the truthfulness of the document. Both elements are essential; without the oath/affirmation, or without witnessing the signature, the jurat is incomplete and potentially invalid.

Question 2: A signer presents a document that already has an incomplete notarial certificate from another notary. What should the Hawaii notary do?

Complete the other notary's certificate
Refuse to notarize the document
Attach a new, complete notarial certificate and perform the notarization (Correct answer)
Contact the original notary to finish their work

Correct answer: Attach a new, complete notarial certificate and perform the notarization

The notary should never complete another notary's work. Instead, they should attach their own new, complete notarial certificate and perform the full notarization.

A Hawaii notary should never attempt to complete or modify another notary's notarial certificate. Each notary is independently responsible for their own notarial acts. The proper procedure is to attach a new, separate notarial certificate bearing the current notary's information and complete the notarization fresh. The new certificate should contain all required elements: the venue, date, type of notarial act, the notary's signature, seal, and commission information. The incomplete certificate from the previous notary should be left as-is (though it may be crossed out with a note explaining it was not completed). This ensures clear accountability and proper documentation.

Question 3: For a copy certification by a Hawaii notary, what must the notary verify?

That the copy is a true and accurate reproduction of the original document (Correct answer)
That the original document is legally valid
That the document was originally notarized
That the copy was made by a certified copy service

Correct answer: That the copy is a true and accurate reproduction of the original document

In a copy certification, the notary compares the copy to the original and certifies that it is a true, accurate, and complete reproduction.

When performing a copy certification, a Hawaii notary examines both the original document and the copy to verify that the copy is a true, accurate, and complete reproduction of the original. The notary is NOT certifying the legal validity of the original document, whether it was previously notarized, or who made the copy. The notary's role is limited to comparing the two versions and attesting that they match. Important limitations exist: notaries generally cannot certify copies of vital records (birth certificates, death certificates) or other documents for which certified copies are available only from the issuing agency.

Question 4: During an acknowledgment in Hawaii, is the signer required to sign the document in the notary's presence?

Yes, always
No, the document may have been signed before appearing before the notary (Correct answer)
Yes, but only for real estate documents
No, but the notary must watch the signer initial each page

Correct answer: No, the document may have been signed before appearing before the notary

Unlike a jurat, an acknowledgment does not require the signature to be made in the notary's presence. The signer only needs to acknowledge that the signature is theirs.

This is a critical distinction between acknowledgments and jurats in Hawaii. For an acknowledgment, the signer does not need to sign the document in the notary's presence. The signer may have signed the document earlier, anywhere, and then later appear before the notary to acknowledge that the signature is theirs and that they signed voluntarily. The notary verifies the signer's identity and confirms the signer's acknowledgment. In contrast, a jurat requires the signer to sign in the notary's presence. This distinction matters because many documents, especially in real estate, use acknowledgments, and signers sometimes come to the notary with pre-signed documents.

Question 5: What is the proper procedure for a Hawaii notary when a signer cannot physically sign their name?

The notary cannot perform the notarization
The signer may use an alternative signature method such as a mark (X) with witnesses (Correct answer)
The notary should sign on the signer's behalf
Another family member should sign for the signer

Correct answer: The signer may use an alternative signature method such as a mark (X) with witnesses

A person who cannot sign may use a mark (such as an X) as their signature, typically with witnesses present to attest to the mark.

Hawaii law accommodates signers who cannot physically write their name due to disability, illness, or illiteracy. The accepted alternative is for the signer to make a mark, typically an 'X,' in place of their signature. Best practice requires two disinterested witnesses to be present when the mark is made. One witness writes the signer's name next to the mark and signs as a witness. The notary should document in both the notarial certificate and their journal that the signer used a mark instead of a signature, note the reason if provided, and record the names and signatures of the witnesses. The notary should never sign on behalf of the signer.

Question 6: A Hawaii notary is asked to notarize a signature by mark for an elderly person. Two witnesses are present. What must the notary document in their journal?

Only the date and type of notarial act
The use of a mark, the names of witnesses, and the reason for the mark if known (Correct answer)
Only the names of the witnesses
Nothing additional beyond a standard journal entry

Correct answer: The use of a mark, the names of witnesses, and the reason for the mark if known

The notary should document that a mark was used instead of a signature, identify the witnesses, and note the reason for the mark if known.

When a signature by mark is used, the Hawaii notary's journal entry should include all standard required information plus additional details specific to the mark signing. This includes: noting that the signer made a mark instead of a conventional signature, recording the names and addresses of both witnesses who were present, noting which witness wrote the signer's name beside the mark, and recording the reason the signer could not write their name (if the reason was provided or apparent). This thorough documentation protects all parties -- the signer, the notary, and anyone who later relies on the notarized document -- by creating a clear record of the circumstances.

HI Notary Notarial Acts and Procedures 2

When performing a jurat in Hawaii, what must the signer do in the notary's presence?