HI Notary Duties and Liabilities 2

Question 1

A Hawaii notary notarizes a document knowing the signer is using a false identity. What liability does the notary face?

Accepted Answer

Criminal prosecution and civil liability

Answer

No liability since they are not law enforcement

Answer

Civil liability only

Answer

A warning letter from the Attorney General

Question 2

Which of the following is a primary duty of a Hawaii notary public?

Accepted Answer

Positively identifying the signer before notarizing

Answer

Providing legal advice about documents being signed

Answer

Screening documents for legal accuracy

Answer

Determining if a transaction is fair to all parties

Question 3

A Hawaii notary's surety bond primarily protects whom?

Accepted Answer

Members of the public who are harmed by the notary's misconduct

Answer

The notary from lawsuits

Answer

The notary's employer

Answer

The State of Hawaii's revenue

Question 4

Under Hawaii law, can a notary be held liable for notarizing a document when the signer appeared willing but was actually under duress?

Accepted Answer

Yes, if the notary observed signs of duress and proceeded anyway

Answer

No, notaries are never liable for duress situations

Answer

Yes, the notary is always liable regardless of circumstances

Answer

No, only if the duress was physical

Question 5

What happens to a Hawaii notary's commission if they are convicted of a felony?

Accepted Answer

The commission is revoked

Answer

Nothing, unless the felony involved fraud

Answer

The commission is automatically suspended for one year

Answer

The notary must pay a fine to keep their commission

Question 6

A notary in Hawaii performs a notarization but forgets to record it in their journal. What is the consequence?

Accepted Answer

The notary has violated their statutory duty and may face disciplinary action

Answer

No consequence if the document was properly notarized

Answer

The notarization is automatically void

Answer

The notary must retroactively void the notarization