HI Notary Notary Seal and Stamp Requirements 2 — Questions and Answers
Question 1: A notarized document will be sent to a foreign country for use abroad. What additional certification may be required on top of the notarial seal?
- A second notary's signature to authenticate the first
- An apostille or authentication certificate from the Hawaii Department of the Attorney General or Lieutenant Governor's office (Correct answer)
- A DCCA certification of the notary's good standing
- A certified translation of the notarial certificate
Correct answer: An apostille or authentication certificate from the Hawaii Department of the Attorney General or Lieutenant Governor's office
For international use, an apostille (for Hague Convention countries) or an authentication certificate may be required to validate the notary's authority in a foreign jurisdiction.
For documents to be recognized in a foreign country, the receiving country may require proof that the notary's seal and signature are genuine and that the notary had legal authority. For countries that are parties to the Hague Convention, this is accomplished through an 'apostille' — a standardized authentication certificate. In Hawaii, apostilles are issued by the Office of the Lieutenant Governor. For non-Hague countries, a full authentication (chain of certifications from the notary up through state and federal officials) may be required. The notary's seal alone is generally not sufficient for international use.
Question 2: If a Hawaii notary's ink stamp seal impression is partially smudged on a document, what should the notary do?
- Leave it as is — minor smudging is acceptable
- Re-stamp with a clean impression in a nearby area and note the correction (Correct answer)
- Apply the smudged stamp over and over until it is clear
- Restart the entire notarization with a new document
Correct answer: Re-stamp with a clean impression in a nearby area and note the correction
If the initial impression is unclear, the notary may make a second clean impression nearby and note this in the journal — the key is that a clear, reproducible impression exists on the document.
If the initial ink stamp impression is smudged or incomplete, the notary should apply a second, clean impression in a clear area nearby (typically below or beside the original attempt). The notary may also note in the journal that the seal was re-applied due to smudging. Overlaying multiple stamps or using multiple impressions in different locations without explanation can create confusion, so a single clean additional impression is preferable. Restarting the entire notarization is not necessary for a seal impression issue alone.
Question 3: A Hawaii notary retires mid-commission and surrenders their commission. What should they do with their seal?
- Keep it as they may resume notarizing later
- Destroy the seal immediately upon resignation (Correct answer)
- Mail it to the DCCA within 10 business days
- Transfer it to another notary in their office
Correct answer: Destroy the seal immediately upon resignation
Upon resigning the commission, the notary should destroy the seal to prevent unauthorized use.
When a Hawaii notary resigns their commission before its natural expiration, their authority to perform notarial acts immediately ceases. The seal should be destroyed (defaced so it cannot be used) to prevent any possibility of it being used to perform unauthorized notarizations after the resignation. The seal cannot be transferred to another notary because it bears the former notary's name and commission details. Hawaii does not require the seal to be mailed to the state, but destruction is the responsible and legally protective course of action.
Question 4: Can two Hawaii notaries working in the same office share a single official seal?
- Yes — a shared seal is practical and saves money
- No — each notary must have their own individual seal bearing their own name and commission details (Correct answer)
- Yes, if both are employed by the same employer
- Only if authorized by the DCCA
Correct answer: No — each notary must have their own individual seal bearing their own name and commission details
Each notary must have their own seal, as the seal bears the individual notary's name and commission details.
A Hawaii notary's official seal must include the notary's own name exactly as commissioned, making it unique to that individual. Two notaries cannot share a seal because any notarization must clearly identify which specific notary performed the act. If two notaries shared a seal, it would be impossible to determine from the certificate which notary performed the act. Each notary in an office must obtain and maintain their own individual seal.
Question 5: What shape must a Hawaii notary's official seal be?
- A circle only
- A rectangle only
- Either a circle or rectangle, as specified by HRS §456-6 (Correct answer)
- Any shape the notary chooses
Correct answer: Either a circle or rectangle, as specified by HRS §456-6
Under HRS §456-6, Hawaii notary seals may be either circular or rectangular in shape.
Under HRS §456-6, a Hawaii notary's official seal must be either circular or rectangular in shape. The seal must produce a photographically reproducible impression and must contain all required text elements (notary's name, 'Notary Public,' 'State of Hawaii,' commission expiration date). Beyond the shape requirement, notaries have some latitude in the specific design, font, and layout of the seal as long as all required elements are present and the seal is clearly legible.
Question 6: A Hawaii notary changes their legal name. Can they continue using their old seal while waiting for the new one to arrive?
- Yes — the old seal is still valid until the new one is ready
- No — they must stop performing notarial acts until the new seal bearing their new name is obtained (Correct answer)
- Yes, but only for 30 days after the name change
- Yes, if they write their new name next to the old seal impression
Correct answer: No — they must stop performing notarial acts until the new seal bearing their new name is obtained
A seal bearing an incorrect (old) name should not be used. The notary should pause notarial acts until a new seal with the correct name is obtained.
When a notary legally changes their name, they must update their commission and obtain a new seal bearing their new official name. Using a seal with the old name after the legal name change creates a discrepancy between the notary's current legal identity and their official seal. While there may be a brief transition period, best practice is to stop performing notarial acts until the new seal is available. Using a notary's old name on the seal when their legal name has changed could create questions about the validity of subsequent notarizations.
HI Notary Notary Seal and Stamp Requirements 2
A notarized document will be sent to a foreign country for use abroad.
What additional certification may be required on top of the notarial seal?