HI Notary Performing Notarial Acts 2 — Questions and Answers
Question 1: Under Hawaii law, a notary must be physically present with a signer when performing which type of notarial act?
- Remote online notarization only
- Any notarial act unless RON is authorized (Correct answer)
- Acknowledgments only
- Jurats only
Correct answer: Any notarial act unless RON is authorized
Unless using authorized remote online notarization, Hawaii notaries must be in the physical presence of the signer when performing any notarial act.
HRS §456-17 establishes that a notary public must be in the presence of the individual whose signature is being notarized. Remote Online Notarization (RON) is a specific exception authorized under HRS §456-1 through §456-28 that allows audio-video technology in lieu of physical presence.
Question 2: When a notary performs a jurat in Hawaii, which act is the signer required to perform?
- Sign the document in front of the notary and swear or affirm the truthfulness of the content (Correct answer)
- Only present valid identification
- Sign the document at any time and mail it to the notary
- Have two witnesses present
Correct answer: Sign the document in front of the notary and swear or affirm the truthfulness of the content
A jurat requires the signer to sign in the notary's presence and swear or affirm that the document's contents are true.
Under Hawaii notary law, a jurat (also called a verification or affidavit) requires the signer to personally appear before the notary, sign the document in the notary's presence, and take an oath or affirmation that the contents of the document are true. This distinguishes it from an acknowledgment where the signer only acknowledges their signature.
Question 3: What should a Hawaii notary do if a signer appears to be under duress or acting involuntarily?
- Proceed with the notarization as long as ID is valid
- Refuse the notarization (Correct answer)
- Ask a bystander to confirm the signer is willing
- Notarize but add a note in the record book
Correct answer: Refuse the notarization
A notary must refuse to notarize if the signer appears unwilling, incapacitated, or under duress.
Hawaii notary law requires that any person appearing before a notary must do so willingly and voluntarily. If a notary has reasonable grounds to believe the person is acting under duress, coercion, or is otherwise not acting freely, the notary must refuse to perform the notarial act. Proceeding in such circumstances could constitute notarial misconduct.
Question 4: A Hawaii notary is asked to notarize a document written entirely in a foreign language. What is the correct approach?
- Refuse automatically since the document must be in English
- The notary may proceed if able to determine the type of notarial act required (Correct answer)
- Require a certified translation before proceeding
- Only a bilingual notary may notarize foreign-language documents
Correct answer: The notary may proceed if able to determine the type of notarial act required
Hawaii law does not prohibit notarizing foreign-language documents. The notary must be able to identify the type of notarial act, the signature, and communicate with the signer.
There is no Hawaii statute that prevents a notary from notarizing a document written in a foreign language, since the notary is not certifying the content but rather the signer's identity and the notarial act. However, the notary must be able to communicate with the signer (through an interpreter if necessary) and identify the type of notarial certificate required. The notary should ensure the certificate language itself is in English.
Question 5: In Hawaii, which of the following is NOT a notarial act a notary public is authorized to perform?
- Taking an acknowledgment
- Administering an oath
- Certifying a true copy of a vital record issued by the state (Correct answer)
- Witnessing or attesting a signature
Correct answer: Certifying a true copy of a vital record issued by the state
Notaries cannot certify copies of vital records (birth, death, marriage certificates) — only the issuing government agency can do that.
Under HRS §456-2, Hawaii notaries may take acknowledgments, administer oaths and affirmations, witness or attest signatures, certify or attest copies of documents (except those that can only be certified by the issuing governmental agency), and note protests. Vital records such as birth, death, and marriage certificates issued by the State of Hawaii must be copied and certified by the Hawaii Department of Health — a notary cannot certify copies of these records.
Question 6: What must a Hawaii notary do before the signer places their signature on a document requiring an acknowledgment?
- Administer an oath about the document's contents
- Verify the signer's identity and confirm they are signing willingly (Correct answer)
- Require the document to be signed in advance
- File the document with the county clerk
Correct answer: Verify the signer's identity and confirm they are signing willingly
Before notarizing an acknowledgment, the notary must confirm the signer's identity and that they are signing of their own free will.
For an acknowledgment, the Hawaii notary must: (1) personally appear with the signer, (2) positively identify the signer using satisfactory evidence, and (3) confirm the person is signing voluntarily. Unlike a jurat, the document may already be signed before the acknowledgment — the signer is acknowledging that they signed it. The notary does not administer an oath regarding the document's truthfulness for an acknowledgment.
HI Notary Performing Notarial Acts 2
Under Hawaii law, a notary must be physically present with a signer when performing which type of notarial act?