HI Notary Notarial Certificate Wording and Requirements 2 — Questions and Answers
Question 1: What language must the notarial certificate in Hawaii be written in?
- It may be in any language used in the document
- English — the certificate must be in English even if the document is in another language (Correct answer)
- Either English or Hawaiian (ʻŌlelo Hawaiʻi)
- The same language as the document being notarized
Correct answer: English — the certificate must be in English even if the document is in another language
Hawaii notarial certificates must be in English, even if the underlying document is written in a foreign language.
The notarial certificate is an official legal instrument that must be in English in Hawaii. While the underlying document may be in any language, the certificate — which is the notary's official certification of the act — must be in English. This ensures that the certificate is readable and verifiable by Hawaiian courts and government authorities. If the signer needs the certificate translated for their understanding, a separate translation may be provided, but the official certificate remains in English.
Question 2: Can a Hawaii notary complete a notarial certificate that was already partially filled in by someone else?
- Yes — the notary may complete blank portions as long as they verify the information is accurate (Correct answer)
- No — the notary must fill in the entire certificate personally
- Only if the preparer provides a notarized authorization
- Only for documents prepared by attorneys
Correct answer: Yes — the notary may complete blank portions as long as they verify the information is accurate
It is common for certificate forms to be pre-printed with some fields completed. The notary may fill in remaining blanks, sign, and seal the certificate.
In practice, many notarial certificates are pre-printed forms with standard language and blanks for variable information (such as the signer's name, date, and county). It is entirely acceptable for a preparer, attorney, or the signer to fill in some or all of these blanks before presenting the document to the notary. The notary must verify that all information in the certificate is accurate, complete any remaining blanks, sign, and apply their seal. The notary is responsible for the accuracy of the completed certificate at the time of signing.
Question 3: A Hawaii notary signs a notarial certificate but forgets to affix their seal. What is the effect?
- The notarization is still valid — the signature alone is sufficient
- The notarization may be defective or invalid — the seal is a required element (Correct answer)
- The notary can add the seal the next day without issue
- The document recipient must decide whether to accept it
Correct answer: The notarization may be defective or invalid — the seal is a required element
The notary seal is a required element of a Hawaii notarial certificate. A missing seal makes the notarization potentially defective.
Under HRS §456-6, the notary's official seal is a required component of every notarial act certificate. A certificate that lacks the seal is incomplete and potentially invalid. If the notary discovers the omission before the signer leaves, they should affix the seal immediately. If the signer has already left, they may be asked to return so the notary can complete the certificate. In some cases, a document with a missing seal may be rejected by recorders, courts, or other receiving parties. The notary should also note the correction in their journal.
Question 4: Which notarial certificate wording is appropriate for an acknowledgment in Hawaii?
- 'Sworn to and subscribed before me this ___ day of ___, ____'
- 'Before me, the undersigned, personally appeared ___, who acknowledged that they signed the foregoing document' (Correct answer)
- 'I hereby certify that the above is a true and correct copy'
- 'Personally appeared before me ___, who being duly sworn, deposes and says...'
Correct answer: 'Before me, the undersigned, personally appeared ___, who acknowledged that they signed the foregoing document'
Acknowledgment certificate language states that the signer personally appeared and acknowledged their signature — without reference to swearing or affirming.
The distinguishing feature of an acknowledgment certificate is that it certifies the signer appeared before the notary and acknowledged signing the document. The language does not include any reference to swearing or affirming (that is language for a jurat/oath). Standard Hawaii acknowledgment certificate language includes: venue, date, the signer's name, that they personally appeared and acknowledged their signature, the notary's signature, title, commission expiration, and seal. The phrase 'sworn to and subscribed' is used for jurats, not acknowledgments.
Question 5: A Hawaii notary must notarize a document but the certificate portion does not include a venue. What should the notary do?
- Refuse to notarize since the venue is pre-printed on all legal forms
- Add the venue themselves by writing 'State of Hawaii, County of ___' before signing (Correct answer)
- Complete the certificate without a venue — it is optional
- Ask the document preparer to reprint the form with a venue
Correct answer: Add the venue themselves by writing 'State of Hawaii, County of ___' before signing
The notary may and should add the venue if it is missing — it is a required element of a valid notarial certificate.
The venue (State of Hawaii, County of [county]) is a required element of every notarial certificate. If the pre-printed form omits the venue, the notary should add it in the appropriate location before signing. Hawaii notaries are authorized to add necessary certificate elements. The notary must write 'State of Hawaii, County of [the county where the act took place]' to ensure the certificate is complete and valid. A certificate without a venue is deficient and may be rejected by recording offices or courts.
Question 6: What does it mean when a Hawaii notarial certificate includes the words 'known to me to be'?
- The notary used a government-issued ID to identify the signer
- The notary identified the signer based on personal knowledge (Correct answer)
- The notary has known the signer for at least 5 years
- The notary used a credible witness
Correct answer: The notary identified the signer based on personal knowledge
The phrase 'known to me' refers to personal knowledge as the basis for the notary's identification of the signer.
When a notarial certificate includes the phrase 'known to me to be' (as in 'personally appeared before me, [name], known to me to be the person who signed...'), it specifically indicates that the notary identified the signer based on personal knowledge rather than documentary evidence. This traditional certificate language distinguishes personal knowledge identification from ID-document-based identification. Hawaii law allows personal knowledge as a valid basis for identification, so this phrase is legally significant in describing the basis for the notary's identification.
HI Notary Notarial Certificate Wording and Requirements 2
What language must the notarial certificate in Hawaii be written in?