Hawaii Notary Rules Every New Notary Must Know

A notary may not act without proof of the signer's signature and identity as defined in HRS 456-1.6 (HAR 5-11-7). That definition accepts personal knowledge through dealings that give reasonable certainty; a passport, driver's license or government-issued non-driver ID that is valid or expired no more than three years and bears the person's signature and photograph; another government ID meeting the same test that satisfies the notary; or the oath or affirmation of a credible witness who is personally known to the notary or identified by one of those documents. The notary may also ask for more information or credentials.

Older answers on the eHawaii FAQ still describe the ID as current, so a current credential avoids any argument. Knowingly notarizing without verifying identity is the misdemeanor of failure to verify identity under HRS 456-20, and a conviction automatically revokes the commission.

HRS 456-15 requires a journal chronicling every notarial act, with each entry made at the time of the act. Hawaii's entry list is detailed:

You may keep only one paper journal and one electronic journal at a time. A paper journal must be a permanent, bound register with numbered pages; HAR 5-11-9 adds a soft cover, a maximum opened size of 11 by 16.5 inches, an information page with your name, business address, commission number, expiration date, journal number and date range, and your name and commission number at the top of each set of pages. The office's FAQ confirms that notarizing several copies of one document still takes a separate entry for each act.

Keep journals for ten years after the last entry, and tell the Attorney General where they are when your commission ends. Report a lost or stolen journal or seal in writing within ten days, and report theft to police as well (HAR 5-11-18). The department may audit journals at any time without notice.

HAR 5-11-5 calls for one circular rubber stamp seal, one to two inches across with a serrated or milled edge, showing only your name, commission number, Notary Public and State of Hawaii. You may not possess more than one. Sign as your signature is filed with the circuit court and always add your typed or printed name and commission expiration date (HAR 5-11-6).

Every acknowledgment or jurat needs a certificate signed and dated when the act is performed, with your printed name, expiration date, seal and the jurisdiction (HAR 5-11-8). Leaving any of those out knowingly is a misdemeanor under HRS 456-21 that also ends the commission on conviction. The manual shows a Notary Certification block with document date, page count and description for papers going to the Bureau of Conveyances, and the FAQ tells you to write undated at time of notarization when a document has no date. If there is no room, note on the signature page that the certificate follows on the next page.

HRS 456-17 caps the charges: $5 for each party signing an acknowledgment, $5 for an oath including its certificate, $5 for a deposition or official certificate and $5 for protests and related notices, with $2.50 for extra duplicate originals beyond the stated number. Acts for a remotely located individual may carry up to $25. The manual says overcharging violates the law, a lump sum mixing notarial and other services is not allowed, and charging less is fine. It also notes that a notary who charges needs a state tax license because fees are subject to general excise tax. You may not bill extra for the certificate itself.

Under HRS 456-14(b) you may not notarize a document to which you, your spouse or your civil partner is a party or in which either has a direct beneficial interest; such an act is voidable. HAR 5-11-4.5 then lists further prohibitions: refusing service or setting fees based on race, sex, gender identity, sexual orientation, ancestry, religion, politics, age, disability and similar traits, or because you disagree with a document; notarizing your own signature; acting with a conflict of interest; handing someone a signed certificate to attach later outside your presence; and giving legal advice unless you are a Hawaii attorney.

The office's FAQ adds practical limits: do not certify copies of birth or marriage certificates or passports, and require an original or certified copy of a power of attorney. HRS 456-22 lets you refuse when you doubt the signer's capacity, the voluntariness of the signature or the proof of identity, and the FAQ adds blank spaces the signer plans to fill in later and signs of pressure or confusion as reasons to decline.

Hawaii allows notarization for remotely located individuals, but only by a separately commissioned remote online notary (HRS 456-23 and 456-24). You must already hold an active commission, apply with details of your technology vendors and a digital certificate, pass a remote-specific exam and file the new commission with the circuit court. The session must be recorded on audio and video and the recording kept at least ten years, and the certificate must state that communication technology was used.

Beyond the misdemeanors above, HRS 456-9 and HAR 5-11-46 authorize administrative fines, for example $500 for a deficient certificate, $200 for a journal failure, $200 for not surrendering your seal within 90 days after the commission ends, $25 for not reporting a change of name, employer, address or phone within 30 days, and $20 for a late loss report. The Attorney General may also suspend or revoke a commission after the chance for a hearing.