HI Notary Notarial Record Book Requirements 2 — Questions and Answers

Question 1: What is the primary purpose of a Hawaii notary's journal (record book)?

To track income from notarial fees
To create an official chronological record of all notarial acts for fraud prevention and evidence (Correct answer)
To satisfy tax reporting requirements
To provide the Attorney General with daily activity reports

Correct answer: To create an official chronological record of all notarial acts for fraud prevention and evidence

The journal creates an official sequential record of all notarial acts, serving as a critical tool for fraud prevention and providing evidence if a notarization is questioned.

The Hawaii notary journal (also called the notarial record book) is the notary's most important protective document. Its primary purpose is to create an official, chronological record of every notarial act performed. This record serves multiple critical functions: it deters fraud by creating a paper trail that can be verified, it provides evidence in legal disputes about whether a notarization occurred and under what circumstances, it protects the notary by documenting that proper procedures were followed, and it allows the Attorney General's office to audit notary compliance. Without a journal, there would be no independent verification of notarial acts beyond the documents themselves.

Question 2: Which of the following must be recorded in a Hawaii notary's journal for each notarial act?

The signer's Social Security number
The date, type of act, document type, signer's name, and identification method (Correct answer)
Only the date and signer's name
The signer's phone number and email address

Correct answer: The date, type of act, document type, signer's name, and identification method

Hawaii requires journal entries to include the date of the act, type of notarial act, description of the document, signer's name, and the method used to identify the signer.

Hawaii law requires each journal entry to contain several essential pieces of information: the date and time of the notarial act, the type of act performed (acknowledgment, jurat, oath, etc.), a description or title of the document being notarized, the name and address of each signer, the method used to identify each signer (type of ID, personal knowledge, or credible witnesses), and the fee charged. Some notaries also record additional details like the document date, number of pages, or any unusual circumstances. Sensitive personal information like Social Security numbers, phone numbers, or email addresses should NOT be recorded in the journal as it could compromise privacy if the journal is later produced in legal proceedings.

Question 3: How should a Hawaii notary handle their journal when they receive a new commission after their previous one expired?

Continue using the old journal with a new section header
Start a completely new journal for the new commission term (Correct answer)
Destroy the old journal and start fresh
Submit the old journal to the Attorney General and start a new one

Correct answer: Start a completely new journal for the new commission term

Best practice is to start a new journal for each commission term, keeping the old journal as a permanent record of acts performed under the previous commission.

When a Hawaii notary receives a new commission, best practice dictates starting a new journal for the new commission term. The previous journal should be retained as a permanent record of all notarial acts performed during the prior commission. Starting a new journal provides a clean separation between commission terms, makes records easier to organize and retrieve, and avoids confusion about which commission was active for any given entry. The old journal should be stored securely, as the notary may need to produce it years later for legal proceedings. Some notaries make a final entry in the old journal noting the commission expiration and the start of a new journal.

Question 4: A Hawaii notary's journal is damaged by water, making some entries illegible. What should they do?

Rewrite the damaged entries from memory
Report the damage to the Attorney General and reconstruct entries using available records where possible (Correct answer)
Discard the damaged journal and start a new one
Do nothing unless asked about a specific entry

Correct answer: Report the damage to the Attorney General and reconstruct entries using available records where possible

The notary should report the damage to the Attorney General and attempt to reconstruct entries using copies of notarized documents or other available records.

When a notary journal is damaged, the entries it contains are official records that may be needed for legal proceedings or fraud investigations. The notary should promptly report the damage to the Attorney General's office and make reasonable efforts to reconstruct illegible entries using available sources such as copies of notarized documents, appointment records, or calendar entries. The reconstruction should clearly note which entries are original and which have been reconstructed, along with the date and reason for the reconstruction. Simply discarding the journal or rewriting entries from memory without notation would compromise the integrity of the official record.

Question 5: Can a Hawaii notary maintain their journal in electronic format?

No, only paper journals are legally acceptable
Yes, if the electronic system provides adequate security, backup, and tamper-evidence (Correct answer)
Yes, but only as a supplement to a paper journal
Only if approved by the Attorney General in advance

Correct answer: Yes, if the electronic system provides adequate security, backup, and tamper-evidence

Hawaii permits electronic journals provided they meet security requirements including tamper-evidence, backup capabilities, and data integrity protections.

Hawaii recognizes electronic notary journals as acceptable alternatives to paper journals, provided the electronic system meets certain security and integrity standards. The system must be tamper-evident (preventing unauthorized alterations), provide reliable backup and recovery capabilities, maintain the chronological integrity of entries, and allow entries to be retrieved and produced when needed (such as in response to a subpoena). Many electronic journal systems also offer advantages like automatic timestamping, built-in backup, and searchability. However, the notary must ensure their chosen system complies with Hawaii's requirements and that they can produce records in an acceptable format if requested by the Attorney General or a court.

Question 6: How long must a Hawaii notary retain their journal records?

5 years from the last entry
10 years from the last entry
For the notary's lifetime or until surrendered to the Attorney General (Correct answer)
Only during the active commission term

Correct answer: For the notary's lifetime or until surrendered to the Attorney General

A Hawaii notary should retain journal records permanently or until they are surrendered to the Attorney General upon commission termination.

Hawaii notary journals should be retained for an extended period because notarized documents may be referenced or challenged many years after the notarization occurred. The standard practice is for notaries to retain their journals permanently or until they surrender them to the Attorney General upon the termination of their commission (whether by expiration, resignation, or revocation). Since there is no statute of limitations on challenges to the authenticity of notarized documents in all contexts, having the journal available indefinitely provides the best protection for both the notary and the public. If a notary dies, their estate or personal representative should deliver the journals to the Attorney General.

HI Notary Notarial Record Book Requirements 2

What is the primary purpose of a Hawaii notary's journal (record book)?