HI Notary Notary Seal and Stamp Requirements 1 โ Questions and Answers
Question 1: What information must appear on a Hawaii notary's official seal?
- Only the notary's name and the state seal of Hawaii
- The notary's name exactly as commissioned, 'Notary Public,' 'State of Hawaii,' and the commission expiration date (Correct answer)
- The notary's name, address, phone number, and commission number
- The state seal, the notary's employer's name, and the commission date
Correct answer: The notary's name exactly as commissioned, 'Notary Public,' 'State of Hawaii,' and the commission expiration date
Under HRS ยง456-6, the seal must bear the notary's commissioned name, title, state, and commission expiration date.
Under HRS ยง456-6, a Hawaii notary's official seal must include: (1) the notary's name exactly as it appears on the commission; (2) the words 'Notary Public'; (3) the words 'State of Hawaii'; and (4) the notary's commission expiration date. The seal may also optionally include the state seal or other design elements. The notary's address, phone number, and employer information are not required elements of the seal.
Question 2: Under Hawaii law, what type of impression must a Hawaii notary's seal make?
- An embossed (raised) impression only
- A photographically reproducible impression โ typically an inked rubber stamp (Correct answer)
- Either embossed or ink stamp โ both are always acceptable
- A gold foil embossed seal only
Correct answer: A photographically reproducible impression โ typically an inked rubber stamp
Hawaii requires the notary seal to produce a photographically reproducible impression, which typically means an inked rubber stamp rather than an embossed seal alone.
Under HRS ยง456-6, Hawaii requires the notary's official seal to produce a photographically reproducible impression. An embossed seal (raised impression without ink) does not reproduce on photocopies or scanned documents and therefore does not meet the statutory requirement for a photographically reproducible seal. Hawaii notaries typically use an ink stamp (rubber stamp with an ink pad) to create their official seal. While an embossed seal may be used in addition to the ink stamp, the ink stamp alone satisfies the statutory requirement.
Question 3: A Hawaii notary's seal becomes damaged and the impression is no longer clear. What should the notary do?
- Continue using the damaged seal until the commission expires
- Obtain a new seal immediately and destroy the damaged one (Correct answer)
- Report the damage to the DCCA and wait for official approval to purchase a new seal
- Use an embossed seal as a substitute
Correct answer: Obtain a new seal immediately and destroy the damaged one
A damaged seal that produces an unclear impression is not suitable for official use. The notary should obtain a new seal and destroy the old one.
A notary's seal must produce a clear, photographically reproducible impression. A damaged seal that produces an illegible or partial impression does not meet this standard, and documents notarized with such a seal may be rejected by recording offices, courts, or other parties. The notary should stop using the damaged seal, obtain a new seal that meets all statutory requirements, and destroy the old seal to prevent unauthorized use. Reporting the damage to the DCCA is not required but notifying them of the change is good practice.
Question 4: Can a Hawaii notary use their official seal for any purpose other than performing notarial acts?
- Yes โ the seal can be used to authenticate any official business document
- No โ the official notary seal may only be used when performing authorized notarial acts (Correct answer)
- Yes, with prior approval from the DCCA
- Yes, for any document the notary personally signs
Correct answer: No โ the official notary seal may only be used when performing authorized notarial acts
The notary seal is an official tool authorized only for performing notarial acts. Using it for other purposes constitutes misuse.
A Hawaii notary's official seal is a tool authorized solely for the performance of official notarial acts under HRS Chapter 456. Using the seal on non-notarial documents โ such as authenticating internal company memos, personal letters, or other unofficial documents โ constitutes misuse of the official seal. This could mislead recipients into believing a notarial act was performed when it was not. Misuse of the notary seal is grounds for disciplinary action by the Attorney General.
Question 5: A Hawaii notary's seal is stolen. What is the first thing the notary should do?
- Purchase a replacement seal before doing anything else
- Notify the DCCA and/or the Office of the Attorney General and potentially file a police report (Correct answer)
- Continue notarizing without a seal until a replacement arrives
- Wait to see if the seal is recovered before taking action
Correct answer: Notify the DCCA and/or the Office of the Attorney General and potentially file a police report
A stolen seal is a serious matter โ the notary must immediately report it to the appropriate authorities to protect against fraudulent use.
A stolen notary seal is a serious security matter because someone could use it to create fraudulent notarial certificates. The notary should: (1) promptly notify the DCCA and/or the Office of the Attorney General about the theft; (2) file a police report; and (3) obtain a new seal with a different design or identifier if possible. Notifying the authorities creates an official record that can protect the notary if the stolen seal is used fraudulently. The notary should not continue to perform notarial acts without a valid seal.
Question 6: When a Hawaii notary's commission expires and is not renewed, what must they do with their official seal?
- Surrender the seal to the DCCA within 30 days
- Destroy the seal to prevent unauthorized use (Correct answer)
- Keep the seal permanently as a memento
- Transfer the seal to the nearest county notary office
Correct answer: Destroy the seal to prevent unauthorized use
Upon expiration of the commission without renewal, the notary should destroy the seal to prevent it from being used fraudulently by themselves or others.
When a Hawaii notary's commission expires and is not renewed, their authority to perform notarial acts ceases. The official seal, which is the instrument of that authority, should be destroyed (e.g., defaced beyond use) to ensure it cannot be used to perform unauthorized notarial acts. Hawaii law does not require formal surrender of the seal to the state, but destruction or defacement is the responsible course of action. Keeping an undefaced expired seal creates a risk of misuse โ either intentional or accidental.
What information must appear on a Hawaii notary's official seal?