HI Notary Qualifications and Commissioning Process 2 — Questions and Answers
Question 1: What is the term length of a Hawaii notary public commission?
- 2 years
- 4 years (Correct answer)
- 5 years
- 10 years
Correct answer: 4 years
Hawaii notary commissions are issued for a 4-year term.
Under HRS §456-2, a notary public commission in Hawaii is valid for a period of four years from the date of commission. After four years, the notary must apply for renewal to continue performing notarial acts. If a notary fails to renew, their commission expires and they may not legally perform notarial acts until a new commission is obtained.
Question 2: Which Hawaii state agency is responsible for commissioning notaries public?
- Hawaii Department of Commerce and Consumer Affairs (DCCA) (Correct answer)
- Hawaii Department of the Attorney General
- Hawaii Supreme Court
- Hawaii Secretary of State
Correct answer: Hawaii Department of Commerce and Consumer Affairs (DCCA)
The Hawaii Department of Commerce and Consumer Affairs (DCCA) handles notary commissions through its Business Registration Division.
In Hawaii, the Attorney General's office has jurisdiction over notary public matters under HRS Chapter 456, but the actual administrative processing of notary applications and renewals is handled through the Hawaii Department of Commerce and Consumer Affairs (DCCA), Business Registration Division. There is no office of 'Secretary of State' in Hawaii; that function is handled by the Lieutenant Governor's office and DCCA.
Question 3: A person recently convicted of a felony applies for a Hawaii notary commission. What is the likely outcome?
- Automatically approved after serving their sentence
- Application will be denied or the commission will not be granted (Correct answer)
- Approved with a restricted commission
- Approved after a 2-year waiting period
Correct answer: Application will be denied or the commission will not be granted
Hawaii law requires applicants to be of good moral character, and a felony conviction is grounds for denial.
Under HRS §456-2, applicants for a notary commission must demonstrate good moral character. A felony conviction is a significant factor that may lead to denial of a notary application or revocation of an existing commission. Hawaii does not have an automatic ban for all felons, but the DCCA considers criminal history when evaluating applications, and applicants with felony convictions are subject to additional scrutiny and may be denied.
Question 4: What minimum age must a Hawaii notary applicant meet?
- 16 years old
- 18 years old (Correct answer)
- 21 years old
- 25 years old
Correct answer: 18 years old
Applicants must be at least 18 years old to be commissioned as a notary in Hawaii.
Under HRS §456-2, an applicant for a Hawaii notary commission must be at least 18 years old, must be a resident of the State of Hawaii or have a principal place of business in Hawaii, must be able to read and write English, and must be of good moral character. These are the basic statutory qualifications.
Question 5: If a commissioned Hawaii notary moves out of Hawaii permanently, what must they do with their commission?
- The commission automatically transfers to the new state of residence
- They must resign and surrender their commission since Hawaii residency is required (Correct answer)
- They may keep the commission for up to one year after moving
- Nothing — they can notarize from anywhere
Correct answer: They must resign and surrender their commission since Hawaii residency is required
Hawaii notary commissions require the notary to be a Hawaii resident. Moving out of state terminates eligibility, and the notary must resign.
Under HRS §456-2, a person must be a resident of the State of Hawaii or have a principal place of business in Hawaii to hold a notary commission. If a notary permanently relocates outside Hawaii, they lose the residency qualification and must resign from their commission and surrender their seal and records. Continuing to perform notarial acts after losing residency would constitute unauthorized practice.
Question 6: Before being commissioned as a Hawaii notary, what must an applicant file with the state?
- A $25,000 surety bond
- An oath of office (Correct answer)
- A certified copy of their birth certificate
- A criminal background check from the FBI
Correct answer: An oath of office
Hawaii notary applicants must take and file an oath of office as part of the commissioning process.
Under HRS §456-5, before entering upon the duties of the office, every notary public must take and subscribe to the oath of office required of public officers under the Hawaii Constitution. This oath is filed with the state. Additionally, the notary must obtain an official notary seal before performing any notarial acts. Hawaii does not require a surety bond (unlike some other states).
HI Notary Qualifications and Commissioning Process 2
What is the term length of a Hawaii notary public commission?