HI Notary Prohibited Acts and Misconduct 2

Question 1

A Hawaii notary is asked to notarize a document in which they are named as a beneficiary. What should the notary do?

Accepted Answer

Refuse — a notary cannot notarize a document in which they have a direct financial or beneficial interest

Answer

Notarize if the signature is genuine

Answer

Notarize with a disclosure statement in the journal

Answer

Notarize only if they are not the primary beneficiary

Question 2

Which of the following constitutes notarial misconduct under Hawaii law?

Accepted Answer

Performing a notarization for a close family member without disclosing the relationship

Answer

Charging the maximum statutory fee for a notarization

Answer

Refusing to notarize a document because the signer has no ID

Answer

Keeping a notary journal

Question 3

A Hawaii notary is asked to backdate a notarial certificate to reflect a date when the signer was previously present. This is:

Accepted Answer

A form of fraud and a serious violation of Hawaii notary law

Answer

Permissible if the signer consents in writing

Answer

Acceptable for estate planning documents only

Answer

Allowed with a supervisor's authorization

Question 4

Under Hawaii law, may a notary public give legal advice about a document they are notarizing?

Accepted Answer

Yes, if the notary is also a licensed attorney

Answer

No — giving legal advice while acting as a notary is unauthorized practice of law unless also licensed as an attorney

Answer

Yes — explaining the document is part of the notary's duty

Answer

Only for real estate documents

Question 5

A notary is offered a $100 tip for expediting a notarization. May the notary accept this in Hawaii?

Accepted Answer

No — accepting fees beyond the statutory maximum is a violation

Answer

Yes — tips are personal gifts and not subject to notary fee rules

Answer

Only if it is not recorded in the journal

Answer

Yes, if the signer voluntarily offers it

Question 6

A Hawaii notary stamps and signs a certificate without the signer being present, planning to have the signer appear later. This practice is:

Accepted Answer

A serious violation — the notarial act must occur in the presence of the signer at the time of signing

Answer

Permitted if the signer appears within 24 hours

Answer

Standard practice for busy notaries

Answer

Allowed for remote online notarization only