HI Notary Notarial Certificate Wording and Requirements 1 โ Questions and Answers
Question 1: What is the primary function of a notarial certificate in Hawaii?
- To summarize the contents of the notarized document
- To formally certify the specific notarial act performed, including the notary's authentication (Correct answer)
- To serve as proof of the document's legal validity
- To replace the need for witness signatures on a document
Correct answer: To formally certify the specific notarial act performed, including the notary's authentication
The notarial certificate formally certifies the specific act performed (e.g., acknowledgment or jurat) and provides the notary's official authentication.
A notarial certificate is the written statement by the notary that certifies the specific notarial act performed. It records the state and county where the act occurred, the date, the type of act, and the notary's official signature and seal. The certificate does not certify the accuracy or legal validity of the document itself โ it only certifies that the notarial act (acknowledgment, oath, etc.) was properly performed. The certificate may be incorporated into the document or attached as a separate page.
Question 2: A Hawaii acknowledgment certificate must include which of the following elements?
- The signer's Social Security number
- The state and county where the notarization occurred, date, and the signer's acknowledgment (Correct answer)
- The full legal description of the property in real estate documents
- The notary's home address
Correct answer: The state and county where the notarization occurred, date, and the signer's acknowledgment
An acknowledgment certificate must state the venue (state and county), the date, and that the signer personally appeared and acknowledged their signature.
A Hawaii acknowledgment certificate must contain: (1) the venue โ 'State of Hawaii, County of [county]'; (2) the date the act was performed; (3) identification of the signer who personally appeared; (4) the acknowledgment itself โ that the signer acknowledged they signed the document; and (5) the notary's signature, printed name, title (Notary Public), commission expiration date, and official seal. The notary's home address and the signer's SSN are not required elements.
Question 3: What is the 'venue' in a Hawaii notarial certificate?
- The location where the document will be filed
- The state and county where the notarial act took place (Correct answer)
- The name of the court having jurisdiction over the document
- The notary's office address
Correct answer: The state and county where the notarial act took place
The venue identifies where the notarial act occurred โ typically 'State of Hawaii, County of [county name]'.
The venue is the geographic identification at the top of a notarial certificate, typically formatted as 'State of Hawaii, County of [Honolulu/Maui/Hawaii/Kauai].' It identifies the jurisdiction in which the notarial act was performed and confirms the notary's legal authority to act in that location. The venue is important because it establishes which state's notary laws governed the act. It is not the filing location of the document or the notary's business address.
Question 4: If a Hawaii notary uses a pre-printed acknowledgment certificate form that refers to the wrong county, what should they do?
- Use whiteout to cover the error and type in the correct county
- Draw a line through the incorrect county, write the correct county, and initial the correction (Correct answer)
- Proceed with the incorrect county โ it is not material
- Refuse to notarize and send the signer to get a corrected form
Correct answer: Draw a line through the incorrect county, write the correct county, and initial the correction
The notary should cross out the incorrect county, write in the correct one, and initial the correction โ ensuring the certificate accurately reflects the actual venue.
The venue on a notarial certificate must accurately reflect the state and county where the notarial act actually took place. If a pre-printed form has an incorrect county, the notary should make a clear correction by lining through the error (not using whiteout), writing the correct county, and initialing the correction. Accuracy of the venue is important for establishing the notary's jurisdictional authority and for the legal validity of the certificate in proceedings where the venue may matter.
Question 5: What must a Hawaii notary include on every notarial certificate in addition to their signature?
- Their personal phone number
- Their commission expiration date and official notary seal (Correct answer)
- Their employer's name and address
- Their notary license number and annual renewal date
Correct answer: Their commission expiration date and official notary seal
Every notarial certificate must bear the notary's official seal and show their commission expiration date to verify the commission was active.
Under HRS ยง456-6, every notarial certificate must include the notary's: (1) official signature (in the name exactly as commissioned); (2) printed or typed name; (3) title โ 'Notary Public, State of Hawaii'; (4) commission expiration date; and (5) official notary seal or stamp. The commission expiration date is critical because it allows anyone reviewing the certificate to verify that the notary's commission was valid on the date of the notarial act. Personal phone numbers and employer information are not required.
Question 6: A Hawaii notary's commission expires on June 30. They perform a notarization on June 30. Is the notarization valid?
- No โ the commission expires at the start of June 30
- Yes โ a commission is valid through the last day, inclusive (Correct answer)
- Only if the notary has already submitted a renewal application
- Only for acts performed before noon on June 30
Correct answer: Yes โ a commission is valid through the last day, inclusive
A commission is valid through the entire final day of its term. Notarizations performed on the expiration date are valid.
A Hawaii notary commission expires at the end of the day on the expiration date โ meaning the notary is authorized to perform notarial acts through the entire expiration date. A notarization performed at any time during the final day of the commission is valid. Once midnight passes and the new day begins (July 1 in this example), the commission has expired and the notary may no longer perform acts. Notaries should be careful not to perform acts after midnight on the expiration date.
What is the primary function of a notarial certificate in Hawaii?