Hawaii Notary Public Exam — Questions and Answers

Question 1: A Hawaii notary's commission is revoked for misconduct. What are the potential additional consequences?

Only the revocation — no additional penalties are possible
Mandatory 10-hour retraining only
Criminal prosecution, civil liability, and permanent bar from future commissions (Correct answer)
A fine of $100 and reapplication after 6 months

Correct answer: Criminal prosecution, civil liability, and permanent bar from future commissions

Serious notarial misconduct in Hawaii can result in criminal charges, civil liability to harmed parties, and potentially a permanent bar from being recommissioned.

Question 2: A Hawaii notary notices a blank space in a document that is about to be notarized. What should the notary do?

Fill in the blank with 'N/A' on behalf of the signer
Proceed with notarization — blanks are not the notary's concern
Refuse to notarize until the signer completes or crosses out the blank (Correct answer)
Notarize and note the blank in the journal

Correct answer: Refuse to notarize until the signer completes or crosses out the blank

A notary should decline to notarize a document with significant blanks that could be filled in after the fact, as this creates fraud risk.

Question 3: A signer appears before a Hawaii notary but has no acceptable identification. The signer is accompanied by a friend, whom the notary personally knows. To properly identify the signer through this credible witness, the notary must:

D. Administer an oath or affirmation to the credible witness, who then vouches for the signer's identity. (Correct answer)
C. Record the credible witness's address in the journal.
B. Have the credible witness present their own valid government-issued ID.
A. Require the credible witness to sign an affidavit of identity.

Correct answer: D. Administer an oath or affirmation to the credible witness, who then vouches for the signer's identity.

According to Hawaii law, a notary can identify a signer through a credible witness who is personally known to the notary. The core requirement for this process is that the credible witness must swear or affirm under penalty of perjury that the person appearing is the individual they claim to be.

Question 4: Which of the following acts of misconduct by a Hawaii notary public could result in the automatic revocation of their commission?

Forgetting to report a change of business address to the Attorney General within the required timeframe.
Charging $10 for a standard notarial act instead of the maximum $5.
Failing to record a single notarial act in the official journal.
Knowingly notarizing a document for a signer without verifying their identity according to statutory requirements. (Correct answer)

Correct answer: Knowingly notarizing a document for a signer without verifying their identity according to statutory requirements.

Under Hawaii law, a conviction for the offense of failure to verify a signer's identity results in the automatic revocation of the notary public's commission. While the other options are violations that can lead to fines or other disciplinary actions, the failure to perform the core duty of identity verification is treated with particular severity.

Question 5: What should a Hawaii notary do if a signer appears to be under duress or acting involuntarily?

Notarize but add a note in the record book
Ask a bystander to confirm the signer is willing
Proceed with the notarization as long as ID is valid
Refuse the notarization (Correct answer)

Correct answer: Refuse the notarization

A notary must refuse to notarize if the signer appears unwilling, incapacitated, or under duress.

Question 6: If a Hawaii notary's ink stamp seal impression is partially smudged on a document, what should the notary do?

Re-stamp with a clean impression in a nearby area and note the correction (Correct answer)
Leave it as is — minor smudging is acceptable
Restart the entire notarization with a new document
Apply the smudged stamp over and over until it is clear

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.

Question 7: What key information must be recorded in a notary journal for each notarization?

All of the above (Correct answer)
The date and time of the notarization
The name and address of the signer
The type of document being notarized

Correct answer: All of the above

A notary journal serves as a crucial legal record of all notarial acts performed. To ensure accountability, prevent fraud, and provide a clear audit trail, Hawaii law mandates that specific details be recorded for each entry. This includes the date and time of the notarization, the type of document, and the full name and address of the signer, among other identifying information.

Question 8: A person recently convicted of a felony applies for a Hawaii notary commission. What is the likely outcome?

Automatically approved after serving their sentence
Approved after a 2-year waiting period
Approved with a restricted commission
Application will be denied or the commission will not be granted (Correct answer)

Correct answer: Application will be denied or the commission will not be granted

Hawaii law requires applicants to be of good moral character, and a felony conviction is grounds for denial.

Question 9: What language must the notarial certificate in Hawaii be written in?

The same language as the document being notarized
It may be in any language used in the document
Either English or Hawaiian (ʻŌlelo Hawaiʻi)
English — the certificate must be in English even if the document is in another language (Correct answer)

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.

Question 10: When performing a jurat in Hawaii, at what point must the signer sign the document?

At any time — the timing of signing does not matter for a jurat
After the oath is administered
In the physical presence of the notary, before the oath is administered (Correct answer)
Before appearing before the notary

Correct answer: In the physical presence of the notary, before the oath is administered

For a jurat, the signer must sign in the notary's presence. Best practice is to sign before the oath is administered, though both must occur in the notary's presence.

Question 11: A Hawaii notary knows the document they are being asked to notarize is a forged signature. What must the notary do?

Notarize if the ID matches the name on the document
Proceed since the notary's role is only to verify ID, not signature authenticity
Notarize under protest by adding a note to the certificate
Refuse to notarize and, where appropriate, report suspected fraud (Correct answer)

Correct answer: Refuse to notarize and, where appropriate, report suspected fraud

A notary must refuse to notarize a document with a known forged signature. Knowingly notarizing a forgery could make the notary complicit in fraud.

Question 12: A signer for a Hawaii RON session is a non-English speaker. How should the notary handle the session?

Proceed with an interpreter present via audio-visual connection if the notary cannot communicate directly with the signer (Correct answer)
The signer must first complete an English proficiency test
Refuse — RON sessions must be conducted entirely in English
Only proceed if the signer can read the notarial certificate in English

Correct answer: Proceed with an interpreter present via audio-visual connection if the notary cannot communicate directly with the signer

An interpreter may participate in a RON session via audio-visual connection to facilitate communication between the notary and a non-English-speaking signer.

Question 13: Under Hawaii law, which government official oversees notary public commissions?

The Secretary of State
The Governor
The Lieutenant Governor
The Attorney General (Correct answer)

Correct answer: The Attorney General

In Hawaii, the Attorney General's office is responsible for commissioning and overseeing notaries public, unlike most states where the Secretary of State holds this role.

Question 14: Can a Hawaii notary refuse to perform a notarization based solely on the type of document being presented?

No, a notary must notarize any document presented with proper identification
Yes, notaries may refuse any document type they are uncomfortable with
Yes, but only for documents valued over $100,000
A notary may refuse only if the document type is illegal or the notary has a prohibited interest (Correct answer)

Correct answer: A notary may refuse only if the document type is illegal or the notary has a prohibited interest

A notary should not refuse based solely on document type unless it is illegal or creates a conflict of interest. The notary certifies the signing, not the document's content.

Question 15: A Hawaii notary notarizes a document that is later found to be forged. Under what circumstances would the notary be held legally responsible?

Always, because the notary certified the document
Never, because detecting forgery is not a notary's responsibility
Only if the forged document involved real estate
Only if the notary failed to properly identify the signer or was negligent in performing their duties (Correct answer)

Correct answer: Only if the notary failed to properly identify the signer or was negligent in performing their duties

A notary is liable only if they failed to follow proper identification procedures or were otherwise negligent. They are not expected to detect sophisticated forgeries.

Question 16: If a signer's appearance differs significantly from the photo on their ID (e.g., weight change, new beard), what should a Hawaii notary do?

Use professional judgment — if reasonably satisfied the person matches the ID, proceed; otherwise ask for additional verification (Correct answer)
Require the signer to update their ID before returning
Automatically reject the ID and refuse to notarize
Proceed without question since the ID is government-issued

Correct answer: Use professional judgment — if reasonably satisfied the person matches the ID, proceed; otherwise ask for additional verification

Notaries must exercise professional judgment. Significant appearance changes are normal, but the notary must be reasonably satisfied the person matches the ID.

Question 17: A Hawaii notary discovers they made an error on a previously notarized document from two weeks ago. Can they correct it?

Yes, by crossing out the error on the original certificate
Yes, by going back and re-stamping the corrected document
No, they can never alter a completed notarization
Yes, by issuing a new notarial certificate and attaching it to the original (Correct answer)

Correct answer: Yes, by issuing a new notarial certificate and attaching it to the original

A notary may correct a previous error by completing a new notarial certificate, but should not alter the original certificate or re-stamp the document.

Question 18: Which of the following actions could result in a Hawaii notary's commission being suspended?

Performing notarial acts outside of Hawaii (Correct answer)
Notarizing on weekends
Using a blue ink pad instead of black
Charging less than the maximum fee

Correct answer: Performing notarial acts outside of Hawaii

A Hawaii notary commission authorizes acts only within the state. Performing notarial acts outside Hawaii exceeds their authority and can result in suspension or revocation.

Question 19: Which of the following is a primary duty of a Hawaii notary public?

Providing legal advice about documents being signed
Determining if a transaction is fair to all parties
Screening documents for legal accuracy
Positively identifying the signer before notarizing (Correct answer)

Correct answer: Positively identifying the signer before notarizing

A notary's primary duty is to positively identify the signer through acceptable identification methods, not to provide legal advice or evaluate documents.

Question 20: May a Hawaii notary notarize a blank document, with the understanding that the signer will fill it in later?

Only for government forms
Yes, if the purpose is explained in the journal
No — notarizing a blank document is prohibited because it creates a fraud risk (Correct answer)
Yes, if the signer is trustworthy

Correct answer: No — notarizing a blank document is prohibited because it creates a fraud risk

Notarizing a blank document is never permitted because the blank content could be fraudulently completed after the notarization.

Question 21: What is the primary difference between an acknowledgment and a jurat?

A jurat involves certifying a copy of the document, while an acknowledgment does not
An acknowledgment requires an oath, while a jurat does not
A jurat requires an oath, while an acknowledgment only involves verifying the signature (Correct answer)
An acknowledgment verifies the identity of the signer, while a jurat does not

Correct answer: A jurat requires an oath, while an acknowledgment only involves verifying the signature

The key distinction is that a jurat involves the signer swearing or affirming the truthfulness of the document's contents under oath, with the notary witnessing the signature. An acknowledgment, conversely, involves the signer declaring that they willingly signed the document, and the notary verifies their identity and acknowledges their signature, but no oath is administered regarding the document's content.

Question 22: A Hawaii notary inadvertently makes an error in a journal entry. How should this be corrected?

Draw a single line through the error, write the correction, and initial it (Correct answer)
Leave the error and attach a separate correction sheet
Tear out the page and redo the entry on a new page
Use correction fluid (whiteout) to cover the error and write the correct information

Correct answer: Draw a single line through the error, write the correction, and initial it

Journal errors should be corrected by lining through the mistake (so the original is still legible), writing the correct information, and initialing the correction.

Question 23: Which of the following is NOT a required element on a Hawaii notary public's official rubber stamp seal?

The words "Notary Public"
The words "State of Hawaii"
The notary's name as it appears on the commission
The commission expiration date (Correct answer)

Correct answer: The commission expiration date

A Hawaii notary's rubber stamp seal must be circular (1-2 inches in diameter) and contain the notary's name, the words "notary public," and "State of Hawaii." While the commission expiration date MUST be included in every notarial certificate, it is optional to have it on the seal itself.

Question 24: A notary's commission in Hawaii expires, and they do not plan to renew it. What is the notary required to do with their rubber stamp seal?

Surrender the seal to the Attorney General's office within 90 days. (Correct answer)
Keep the seal in a secure location for a period of ten years.
Destroy the seal immediately and notify the Attorney General.
Sell the seal to another commissioned notary public.

Correct answer: Surrender the seal to the Attorney General's office within 90 days.

According to Hawaii notary law, upon the end of a commission (through resignation, revocation, or expiration without renewal), the notary must surrender their rubber stamp seal to the Attorney General within 90 days. Failure to do so can result in a $200 fine.

Question 25: What does it mean when a Hawaii notarial certificate includes the words 'known to me to be'?

The notary identified the signer based on personal knowledge (Correct answer)
The notary used a credible witness
The notary has known the signer for at least 5 years
The notary used a government-issued ID to identify the signer

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.

Question 26: If a signer cannot produce any government-issued ID, which alternative identification method may a Hawaii notary use?

Accept the signer's verbal assurance of their identity
Require the signer to recite personal information from memory
Use a single credible witness who personally knows both the signer and the notary (Correct answer)
Accept any credit card with the signer's name

Correct answer: Use a single credible witness who personally knows both the signer and the notary

A credible witness who personally knows both the notary and the signer may vouch for the signer's identity as an alternative to document-based ID.

Question 27: Which of the following documents CAN a Hawaii notary legally certify a copy of?

A recorded deed from the bureau of conveyances
A U.S. passport
A Hawaii birth certificate
A private lease agreement (Correct answer)

Correct answer: A private lease agreement

A private lease agreement is a privately created document — not a government record — so a notary may certify a copy of it.

Question 28: What is the legal effect of a Hawaii notary's signature and seal on a document?

It certifies the authenticity of the notarial act, not the truthfulness of the document's content (Correct answer)
It guarantees the legal validity and enforceability of the document
It creates a binding legal contract between the parties
It converts the document into a public record

Correct answer: It certifies the authenticity of the notarial act, not the truthfulness of the document's content

A notary's signature and seal certify that the notarial act (e.g., identity verification, oath) was properly performed — not that the document's contents are true or legally enforceable.

Question 29: A Hawaii notary who also holds a commission as a Remote Online Notary (RON) must maintain which of the following regarding their notarial records?

A tangible (physical) journal for traditional notarizations and a separate electronic journal for remote notarizations. (Correct answer)
Only an electronic journal for all notarial acts, both traditional and remote.
Only an audiovisual recording of each remote session, as a journal is not required for RONs.
The choice of either a tangible or an electronic journal, but not both.

Correct answer: A tangible (physical) journal for traditional notarizations and a separate electronic journal for remote notarizations.

Hawaii law requires remote online notaries to maintain a tangible journal, just like all other notaries. In addition to this, they must also keep an electronic journal and an audiovisual recording for all remote online notarizations performed.

Question 30: What technology is required for a valid remote online notarization (RON) session in Hawaii?

A telephone call is sufficient
Email exchange with scanned documents
Live audio-video communication technology that allows real-time interaction (Correct answer)
A recorded video message from the signer

Correct answer: Live audio-video communication technology that allows real-time interaction

RON requires live, synchronous audio-video communication where the notary and signer can see and hear each other in real time throughout the session.

Question 31: A Hawaii notary completes a notarial certificate but realizes they used incorrect wording. What should they do?

White out the error and rewrite
Ignore the error if it is minor
Cross out the error and initial the correction
Start over with a new notarial certificate (Correct answer)

Correct answer: Start over with a new notarial certificate

The proper procedure is to start over with a new notarial certificate rather than altering the existing one, which could raise questions about document integrity.

Hawaii Notary Public Exam

The Hawaii Notary Public Exam is a closed-book written examination administered by the Hawaii Department of the Attorney General, covering statutory notary laws, notarial acts, duties and liabilities, identification of signers, recordkeeping requirements, and ethical responsibilities required to obtain a Hawaii notary public commission.

Questions

60 min

Time Limit

80%

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