HI Notary Identifying Signers 2 — Questions and Answers
Question 1: A signer presents a Hawaii driver's license that expired 3 months ago. Under Hawaii notary rules, can the notary accept this as satisfactory evidence of identity?
- Yes, expired IDs are always acceptable
- No, only unexpired government-issued IDs are acceptable as satisfactory evidence (Correct answer)
- Yes, if the photo still resembles the signer
- Only if another ID is presented alongside it
Correct answer: No, only unexpired government-issued IDs are acceptable as satisfactory evidence
Hawaii requires satisfactory evidence of identity, which means current (unexpired) government-issued photo ID.
Under HRS §456-1, 'satisfactory evidence' of identity means evidence that is based on at least one of the following: a current (unexpired) government-issued document with a photograph and signature. An expired ID does not qualify as current and therefore does not constitute satisfactory evidence. The notary must ask for a valid, unexpired ID or use another acceptable method such as a credible witness.
Question 2: 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
- 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
- Require the signer to recite personal information from memory
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.
Under HRS §456-1, satisfactory evidence of identity can be based on a sworn statement of one credible witness who personally knows the individual and is personally known to the notary (or who presents acceptable ID to the notary). This is designed for situations where the signer cannot produce government-issued ID. The credible witness must swear or affirm that the individual is who they claim to be.
Question 3: Which of the following documents is acceptable as satisfactory evidence of identity under Hawaii notary law?
- A library card with the signer's name
- A U.S. military identification card with photo and signature (Correct answer)
- A gym membership card with photo
- An unsigned Social Security card
Correct answer: A U.S. military identification card with photo and signature
A U.S. military ID is a government-issued photo ID with signature, which meets the standard for satisfactory evidence.
Hawaii defines satisfactory evidence of identity as a current document issued by a federal, state, or tribal government that contains a photograph and signature of the person. Examples include: state driver's license, state ID card, U.S. passport, U.S. military ID, and tribal government ID. Library cards and gym memberships are not government-issued; an unsigned Social Security card has no photo and cannot be used alone.
Question 4: A Hawaii notary knows the signer personally from their neighborhood. Can personal knowledge substitute for formal identification?
- No — personal knowledge is never acceptable under Hawaii law
- Yes — personal knowledge of the individual is listed as a basis for satisfactory evidence (Correct answer)
- Only if the notary has known the person for at least 5 years
- Only for acknowledgments, not jurats
Correct answer: Yes — personal knowledge of the individual is listed as a basis for satisfactory evidence
Hawaii law allows personal knowledge of the individual as a valid basis for satisfactory evidence of identity.
Under HRS §456-1, satisfactory evidence of identity may be based on the notary's personal knowledge of the individual. If the notary has personal knowledge — meaning the notary recognizes the person from prior acquaintance — formal ID documents may not be required. However, the notary should still record how identity was established in the journal, and should exercise caution to ensure their personal knowledge is reliable.
Question 5: A man presents a passport issued by a foreign country with a photo. Can a Hawaii notary use this as satisfactory evidence of identity?
- No — only U.S.-issued documents are acceptable
- Yes — foreign passports with a photo and signature are generally acceptable (Correct answer)
- Only if accompanied by a visa
- Only for commercial transactions
Correct answer: Yes — foreign passports with a photo and signature are generally acceptable
Foreign passports are government-issued documents with photo and signature and are generally acceptable as satisfactory evidence under Hawaii notary law.
Hawaii's definition of satisfactory evidence includes government-issued documents bearing a photograph and the signature of the named individual. A valid, unexpired foreign passport meets this standard because it is issued by a sovereign government and includes both a photo and signature. The notary should ensure the passport is current (unexpired) and that the photo matches the person. There is no Hawaii statutory requirement that ID be U.S.-issued.
Question 6: When a Hawaii notary uses a credible witness to identify a signer, what must the notary do with regard to the witness?
- Record the witness's information in the notary journal and have the witness swear to the signer's identity (Correct answer)
- Simply note the witness's name in the margin of the document
- Have the witness sign the document as a co-signer
- File the witness's ID with the state notary office
Correct answer: Record the witness's information in the notary journal and have the witness swear to the signer's identity
The notary must record the credible witness's information in the journal and administer an oath to the witness that the signer is who they claim to be.
When using a credible witness to identify a signer, the Hawaii notary must: (1) identify the credible witness through satisfactory evidence or personal knowledge; (2) administer an oath or affirmation to the witness, in which the witness swears that the person appearing before the notary is who they claim to be; and (3) record the credible witness's name and ID information in the notary journal. This process creates an accountable chain of identity verification.
HI Notary Identifying Signers 2
A signer presents a Hawaii driver's license that expired 3 months ago.
Under Hawaii notary rules, can the notary accept this as satisfactory evidence of identity?