HI Notary Duties and Liabilities 2 — Questions and Answers

Question 1: A Hawaii notary notarizes a document knowing the signer is using a false identity. What liability does the notary face?

No liability since they are not law enforcement
Civil liability only
Criminal prosecution and civil liability (Correct answer)
A warning letter from the Attorney General

Correct answer: Criminal prosecution and civil liability

Knowingly notarizing a document with a false identity constitutes fraud and exposes the notary to both criminal prosecution and civil liability for damages.

A Hawaii notary who knowingly participates in fraud by notarizing a document when they are aware the signer is using a false identity faces severe consequences. Criminal charges may include fraud, forgery, or aiding in the commission of a crime. Additionally, the notary faces civil liability for any damages caused by the fraudulent notarization, and affected parties can sue for compensation. The notary's commission would also be revoked by the Attorney General, and their surety bond would be available to compensate injured parties. This represents the most serious breach of notary duty.

Question 2: Which of the following is a primary duty of a Hawaii notary public?

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

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.

The fundamental duty of a Hawaii notary public is to positively identify the person appearing before them. This means verifying the signer's identity through acceptable means such as a current government-issued photo ID, credible witness identification, or personal knowledge. A notary is NOT authorized to provide legal advice, review documents for legal accuracy, or assess the fairness of a transaction. These activities constitute the unauthorized practice of law. The notary's role is limited to verifying identity, confirming the signer's willingness, and completing the notarial act properly.

Question 3: A Hawaii notary's surety bond primarily protects whom?

The notary from lawsuits
Members of the public who are harmed by the notary's misconduct (Correct answer)
The notary's employer
The State of Hawaii's revenue

Correct answer: Members of the public who are harmed by the notary's misconduct

The surety bond exists to protect members of the public who suffer financial harm due to the notary's negligence or misconduct in performing notarial acts.

A Hawaii notary's surety bond is designed to protect the public, not the notary. If a notary commits misconduct, negligence, or errors in performing notarial acts that cause financial harm to a member of the public, the injured party can make a claim against the bond to recover damages. The bond amount represents the maximum that the surety company will pay out. The notary remains personally liable for any damages exceeding the bond amount. This system ensures that there is always a financial safety net available for people harmed by improper notarizations.

Question 4: Under Hawaii law, can a notary be held liable for notarizing a document when the signer appeared willing but was actually under duress?

No, notaries are never liable for duress situations
Yes, if the notary observed signs of duress and proceeded anyway (Correct answer)
Yes, the notary is always liable regardless of circumstances
No, only if the duress was physical

Correct answer: Yes, if the notary observed signs of duress and proceeded anyway

A notary may be held liable if they observed or should have observed signs that the signer was under duress and still proceeded with the notarization.

Hawaii notaries have a duty to assess whether a signer is acting willingly and knowingly. If the notary observed signs of duress -- such as a threatening companion, visible distress, the signer expressing reluctance, or other red flags -- and proceeded with the notarization anyway, they could face liability. The standard is not that the notary must be a detective, but that they must exercise reasonable care and refuse to notarize if they have reasonable grounds to believe the signer is being coerced. Ignoring obvious signs of duress breaches the notary's duty and creates both civil and potentially criminal liability.

Question 5: What happens to a Hawaii notary's commission if they are convicted of a felony?

Nothing, unless the felony involved fraud
The commission is automatically suspended for one year
The commission is revoked (Correct answer)
The notary must pay a fine to keep their commission

Correct answer: The commission is revoked

A felony conviction results in revocation of the notary's commission, as it demonstrates the notary no longer meets the character requirements for the position.

Hawaii requires notaries to be of good moral character as a condition of holding a commission. A felony conviction demonstrates a fundamental breach of this requirement, resulting in revocation of the notary's commission. This applies regardless of whether the felony was related to notarial duties. The Attorney General's office, which oversees Hawaii notaries, has the authority to revoke commissions when a notary no longer meets the statutory qualifications. The revoked notary must surrender their seal and journal. They may be barred from future commissions depending on the nature and severity of the offense.

Question 6: A notary in Hawaii performs a notarization but forgets to record it in their journal. What is the consequence?

No consequence if the document was properly notarized
The notarization is automatically void
The notary has violated their statutory duty and may face disciplinary action (Correct answer)
The notary must retroactively void the notarization

Correct answer: The notary has violated their statutory duty and may face disciplinary action

Failing to record a notarial act in the journal violates the notary's statutory duty to maintain proper records and may result in disciplinary action.

Hawaii law requires notaries to maintain a journal of all notarial acts performed. Failure to make a journal entry, even if the notarization itself was otherwise properly performed, constitutes a violation of the notary's statutory duties. The notarization is not automatically void, but the notary may face disciplinary action from the Attorney General's office, which could include a reprimand, suspension, or revocation of their commission depending on the severity and frequency of the violations. The journal serves as the notary's official record and is critical for fraud prevention and audit purposes.

HI Notary Duties and Liabilities 2

A Hawaii notary notarizes a document knowing the signer is using a false identity.
What liability does the notary face?