HI Notary Recordkeeping and Documentation 2 — Questions and Answers
Question 1: Under Hawaii law, how long must a notary public retain their notary journal after the commission expires or is resigned?
- 1 year
- 3 years (Correct answer)
- 5 years
- 10 years
Correct answer: 3 years
Hawaii requires notaries to retain their journal for at least 3 years after the commission ends.
Under Hawaii notary administrative rules, a notary must retain their notary journal for at least 3 years after the notary's commission expires, is not renewed, or is surrendered. This retention requirement ensures that records remain available for inspection or legal proceedings after the commission has ended. After 3 years, the notary may destroy the journal, though many choose to keep records longer for personal protection.
Question 2: What information must be recorded in a Hawaii notary's journal for each notarial act?
- Only the date and the type of act
- Date and time, type of act, signer's name, ID used, signature of signer, and fee charged (Correct answer)
- Only the signer's name and the document type
- The full text of the document notarized
Correct answer: Date and time, type of act, signer's name, ID used, signature of signer, and fee charged
Hawaii requires comprehensive journal entries including date, time, type of act, signer identification, the signer's signature in the journal, and the fee charged.
Under HRS §456-15, each entry in the notary's journal must include: (1) the date and time of the notarial act; (2) the type of notarial act performed; (3) the title or type of document; (4) the name and address of each signer; (5) the method used to verify identity; (6) the signature of each signer in the journal; and (7) the fee charged or notation that no fee was charged. These detailed records provide a complete audit trail of the notary's activities.
Question 3: A Hawaii notary journal was lost or stolen. What must the notary do?
- Nothing — there is no reporting requirement for a lost journal
- Immediately notify the state notary authority (DCCA/Attorney General) and potentially file a police report (Correct answer)
- Replace the journal and continue without notification
- Stop performing notarial acts until the journal is found
Correct answer: Immediately notify the state notary authority (DCCA/Attorney General) and potentially file a police report
A lost or stolen notary journal must be reported to the notary authority because it contains sensitive information about signers.
If a Hawaii notary's journal is lost, stolen, or destroyed, the notary should promptly notify the DCCA and/or the Office of the Attorney General. Depending on the circumstances, filing a police report may also be appropriate. A notary journal contains names, signatures, ID information, and details of legal transactions — its loss could compromise privacy and enable fraud. The notary should obtain a new journal and continue keeping records. Some states require formal notification within a specific timeframe.
Question 4: Must a Hawaii notary keep a separate journal for each type of notarial act?
- Yes — separate journals for acknowledgments and jurats are required
- No — a single sequential journal recording all notarial acts is standard (Correct answer)
- Yes — electronic and paper acts must be in separate journals
- Only if the notary performs more than 50 acts per year
Correct answer: No — a single sequential journal recording all notarial acts is standard
Hawaii law requires a single sequential notary journal recording all notarial acts in chronological order.
Hawaii requires notaries to maintain a sequential journal of all notarial acts. All types of acts — acknowledgments, jurats, oaths, copy certifications — are recorded in the same journal in chronological order. There is no requirement to maintain separate journals by type. The key requirements are that entries be made promptly, in chronological sequence, and contain all required information. Sequential numbering of entries is recommended for completeness.
Question 5: Can a Hawaii notary allow a third party (such as an attorney) to inspect their notary journal?
- Yes — anyone may inspect a notary journal on request
- Only law enforcement or government officials may inspect the journal
- Only the notary and authorized government officials may inspect; third parties generally may not without legal process (Correct answer)
- The journal is completely private and no one else may see it
Correct answer: Only the notary and authorized government officials may inspect; third parties generally may not without legal process
A notary journal is not a public record in Hawaii. General public access is not permitted; inspection is limited to the notary and authorized officials, with legal process (subpoena) required for others.
In Hawaii, the notary journal is not a public record freely available for inspection. The notary controls access to the journal. While the state (DCCA, Attorney General) has authority to inspect or subpoena journal records in connection with an investigation, third parties such as attorneys, employers, or parties to transactions generally do not have a right to inspect the journal without a subpoena or court order. The notary should protect journal records to preserve signer privacy and prevent misuse of personal information.
Question 6: When a Hawaii notary resigns their commission or it expires, what must they do with their notary journal?
- Surrender the journal immediately to the DCCA
- Retain the journal for at least 3 years before it may be destroyed (Correct answer)
- Give the journal to their former employer
- Destroy the journal immediately to protect signer privacy
Correct answer: Retain the journal for at least 3 years before it may be destroyed
Upon expiration or resignation, the notary retains and stores the journal for the required retention period (3 years) before disposal.
When a Hawaii notary's commission ends (through expiration, resignation, or death), the journal is not automatically surrendered to the state. The notary (or their estate, in the case of death) retains the journal and must keep it for at least 3 years. After the retention period, it may be destroyed. If a notary dies during their commission, the journal should be delivered to the DCCA or the Office of the Attorney General. The reason for the retention requirement is to preserve records for any future legal proceedings related to past notarial acts.
HI Notary Recordkeeping and Documentation 2
Under Hawaii law, how long must a notary public retain their notary journal after the commission expires or is resigned?