HI Notary Electronic and Remote Notarization Rules 1 — Questions and Answers
Question 1: What is Remote Online Notarization (RON) in Hawaii?
- Notarizing documents by email without audio-video communication
- A process by which a commissioned notary performs notarial acts using audio-video technology when the signer is not physically present (Correct answer)
- Notarizing documents for signers located outside of Hawaii
- A temporary emergency measure only permitted during declared disasters
Correct answer: A process by which a commissioned notary performs notarial acts using audio-video technology when the signer is not physically present
RON allows authorized Hawaii notaries to perform notarial acts using audio-video communication technology when the signer is in a different physical location.
Hawaii enacted Remote Online Notarization (RON) legislation that allows authorized notaries to perform notarial acts when the signer is not in the same physical location, using real-time audio-video communication (such as video conferencing). The notary and signer interact through a secure RON platform that includes identity verification, audio-video recording, and electronic journal capabilities. RON is not a temporary measure — it is a permanent authorized method under Hawaii law. It differs from electronic notarization, where the signer may be physically present but documents are in electronic format.
Question 2: To perform RON in Hawaii, what must a notary do before using the technology?
- Obtain a separate RON commission in addition to their standard commission
- Register as a RON notary with the DCCA and use an approved RON technology platform (Correct answer)
- Complete at least 40 hours of technology training
- Obtain special liability insurance for remote notarizations
Correct answer: Register as a RON notary with the DCCA and use an approved RON technology platform
Hawaii notaries who wish to perform RON must register with the DCCA and use a state-approved RON technology provider.
Under Hawaii's RON rules, a notary who wants to perform remote online notarizations must: (1) register with the DCCA as a RON notary (there is an application and fee); and (2) use a RON technology platform that has been approved by the state. The approved platforms must meet specific security, identity verification, and recordkeeping standards. A separate commission is not required, but the registration is. There is no 40-hour training requirement, though training on the specific platform is typically provided by the technology vendor.
Question 3: In a Hawaii RON session, how must the notary verify the signer's identity?
- The signer's verbal statement of their name and address is sufficient
- Using credential analysis and knowledge-based authentication (KBA) or other approved identity proofing methods (Correct answer)
- By calling the signer's employer to confirm their identity
- By requiring the signer to visit a physical location first to confirm identity
Correct answer: Using credential analysis and knowledge-based authentication (KBA) or other approved identity proofing methods
RON requires specialized identity proofing including credential analysis of the signer's ID and knowledge-based authentication (dynamic questions based on public records).
Because the notary cannot physically examine the signer's ID in a RON session, Hawaii RON rules require more robust identity verification methods. These typically include: (1) credential analysis — the signer presents their government ID on camera, and the RON platform analyzes the ID using optical character recognition and tamper-detection technology; and (2) knowledge-based authentication (KBA) — the signer is asked multiple-choice questions based on their personal history (such as past addresses or financial accounts) that only the real person should be able to answer. Both must be passed before the notarial act can proceed.
Question 4: What must a Hawaii RON notary do with the audio-video recording of each RON session?
- Delete it immediately after the session to protect privacy
- Retain it securely for at least 5 years (Correct answer)
- Submit it to the DCCA within 24 hours
- Only retain it if the signer requests a copy
Correct answer: Retain it securely for at least 5 years
Hawaii RON rules require the notary (or RON platform) to retain the audio-video recording of each session for at least 5 years.
Under Hawaii's RON regulations, an audio-visual recording of each RON session must be made and retained for a minimum of 5 years. The recording serves as the official documentation of the signer's appearance and identity verification for the RON session — equivalent to the physical appearance in a traditional notarization. The recording may be stored on the RON platform's secure servers. Deleting it would destroy critical evidence and violate Hawaii law. The recording may be submitted or accessed in response to legal proceedings or regulatory investigations.
Question 5: Can a Hawaii-commissioned notary perform RON for a signer who is located in another U.S. state?
- No — RON only applies to signers who are physically in Hawaii
- Yes — a Hawaii RON notary may serve signers located anywhere, as long as the notary is in Hawaii when performing the act (Correct answer)
- Only if the other state also authorizes RON
- Only for commercial transactions, not personal documents
Correct answer: Yes — a Hawaii RON notary may serve signers located anywhere, as long as the notary is in Hawaii when performing the act
A Hawaii RON notary performs the act from Hawaii, and the signer may be located anywhere — the notary's location (Hawaii) determines the governing law.
Under Hawaii RON law, a Hawaii-commissioned RON notary must be physically located in Hawaii when performing the notarial act. The signer may be located anywhere in the world. The notarial act is considered to have occurred in Hawaii (at the notary's location), so Hawaiian notary law governs. Hawaii's RON statute does not restrict the signer's location to Hawaii. However, whether the document will be recognized in the signer's jurisdiction may depend on that jurisdiction's laws regarding RON.
Question 6: What technology standard must a RON platform meet under Hawaii RON rules to be used by a Hawaii notary?
- It must be the lowest-cost platform available
- It must be approved or accepted by the DCCA and meet security and recordkeeping standards (Correct answer)
- It must be a platform used in at least 10 other states
- Any video conferencing software (e.g., Zoom) is acceptable
Correct answer: It must be approved or accepted by the DCCA and meet security and recordkeeping standards
Hawaii requires RON notaries to use platforms that have been approved by the DCCA and meet specified security, identity verification, and recordkeeping standards.
Hawaii's RON regulations require that the technology platform used for RON meet specific security and functionality standards, including: secure audio-visual communication, credential analysis and KBA identity proofing, electronic journal capabilities, and secure audio-visual recording storage. The DCCA maintains a list of approved or accepted RON technology providers. General-purpose video conferencing tools like Zoom do not meet these specialized requirements and cannot be used as a RON platform. Using an unapproved platform could invalidate the RON notarization.
HI Notary Electronic and Remote Notarization Rules 1
What is Remote Online Notarization (RON) in Hawaii?