HI Notary Remote Online Notarization 2 — Questions and Answers

Question 1: What technology is required for a valid remote online notarization (RON) session in Hawaii?

A telephone call is sufficient
Live audio-video communication technology that allows real-time interaction (Correct answer)
Email exchange with scanned documents
A recorded video message from the signer

Correct answer: Live audio-video communication technology that allows real-time interaction

RON requires live, synchronous audio-video communication where the notary and signer can see and hear each other in real time throughout the session.

Hawaii's remote online notarization provisions require the use of live audio-video communication technology that enables real-time, synchronous interaction between the notary and the signer. This means both parties must be able to see and hear each other continuously throughout the notarization session. A telephone call alone is insufficient because it lacks the video component needed for visual identification. Pre-recorded videos and email exchanges do not meet the real-time interaction requirement. The technology must also support the electronic signing of documents and the application of the notary's electronic seal and signature, creating a complete digital notarization package.

Question 2: In a Hawaii RON session, how must the notary verify the signer's identity?

Only through personal knowledge
Through knowledge-based authentication (KBA) questions, credential analysis of a government ID, or both (Correct answer)
By asking the signer to state their name on camera
Through a reference letter from the signer's bank

Correct answer: Through knowledge-based authentication (KBA) questions, credential analysis of a government ID, or both

RON identity verification typically requires multi-factor methods including knowledge-based authentication and/or credential analysis of a government-issued ID.

Because the signer is not physically present during a RON session, Hawaii requires enhanced identity verification methods beyond what is needed for in-person notarization. These typically include knowledge-based authentication (KBA), which asks the signer personal questions generated from their credit history and public records that only they should know, and credential analysis, which uses technology to examine a government-issued ID for authenticity indicators. Many RON platforms combine both methods for multi-factor authentication. Simply having someone state their name on camera provides no meaningful identity verification. These enhanced requirements help prevent fraud in the remote environment.

Question 3: Must a Hawaii notary record the RON session?

No, recording is optional
Yes, an audio-video recording of the entire session must be retained (Correct answer)
Only the signer's consent portion needs recording
Recording is prohibited for privacy reasons

Correct answer: Yes, an audio-video recording of the entire session must be retained

Hawaii requires the notary to create and retain an audio-video recording of the entire RON session as part of the notarial record.

Hawaii's RON provisions require the notary to create and retain an audio-video recording of the entire remote notarization session. This recording serves as a crucial evidentiary record, analogous to the journal entry for in-person notarizations but even more comprehensive because it captures the entire interaction. The recording must show the signer's face, the identification verification process, the signing of the document, and the notary's performance of the notarial act. Retention requirements typically specify that recordings must be kept for a minimum number of years. This recording can be invaluable in resolving disputes about whether proper procedures were followed.

Question 4: Can a Hawaii notary perform a RON session for a signer located in another state?

No, both parties must be in Hawaii
Yes, as long as the notary is commissioned and physically located in Hawaii (Correct answer)
Only if the other state also allows RON
Only for certain document types

Correct answer: Yes, as long as the notary is commissioned and physically located in Hawaii

A Hawaii-commissioned notary may perform RON for a signer located anywhere, as long as the notary is physically located in Hawaii during the session.

One of the key advantages of remote online notarization is that the signer does not need to be in the same location as the notary. A Hawaii notary performing RON must be physically present in Hawaii during the session, as this establishes the jurisdiction and governing law. However, the signer may be located in another state or even another country. The notarization is considered to have occurred in Hawaii because that is where the notary performed the act. This does not depend on whether the signer's state allows RON. However, the notary should be aware that some recording jurisdictions may not accept RON-notarized documents, so signers should verify acceptance requirements.

Question 5: What type of electronic seal must a Hawaii notary use for RON documents?

A scanned image of their physical stamp
A tamper-evident electronic seal that complies with state standards (Correct answer)
Any digital image with their name
A photograph of their embossed seal impression

Correct answer: A tamper-evident electronic seal that complies with state standards

RON requires a tamper-evident electronic seal that meets state technology standards, not simply a digital image of a physical seal.

For remote online notarization, a Hawaii notary must use a tamper-evident electronic seal rather than simply a scanned image of their physical stamp. A tamper-evident electronic seal incorporates cryptographic technology that can detect any post-notarization alterations to the document. This is critical because electronic documents could otherwise be modified after notarization without detection. The electronic seal typically includes the notary's name, commission number, commission expiration date, and state -- the same elements as a physical seal -- but embedded with digital security features. RON platforms typically provide the technology for applying these seals as part of their service.

Question 6: A signer experiences a technical failure during a Hawaii RON session, and the video feed drops while the signer is mid-signature. What should the notary do?

Complete the notarization since the signer already started signing
Stop the session, wait for reconnection, and restart the notarial act if connection is restored (Correct answer)
Complete the notarization using audio only
Ask the signer to call back and verify by phone

Correct answer: Stop the session, wait for reconnection, and restart the notarial act if connection is restored

Continuous audio-video communication is required throughout the entire RON session. If the connection drops, the session must stop and the notarial act must be restarted.

Hawaii's RON requirements mandate continuous audio-video communication throughout the entire notarization session. If the video connection drops at any point, including during the signing, the notary must stop the session immediately. The notary cannot complete the notarization using audio only, as this would violate the visual identification and witnessing requirements. When the connection is restored, the notary should restart the notarial act from the beginning, re-verifying the signer's identity and having them re-sign the document. The interrupted session should be noted in the notary's records. This strict requirement ensures the integrity and completeness of every RON notarization.

HI Notary Remote Online Notarization 2

What technology is required for a valid remote online notarization (RON) session in Hawaii?