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General Notary Questions

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Important: This page has not yet been revised to reflect the new changes in laws pertaining to notaries as set forth in Chapter 5-11, Hawaii Administrative Rules, which took effect May 5, 2008, and Act 175, Session Laws of Hawaii 2008, which takes effect January 1, 2009. Please read HAR Chapter 5-11 and Act 175, both of which are available here on our Notary Public website.

  1. Q. When is the Notary Public Office open?
    A. Monday through Friday, 7:45 a.m. to 12:00 p.m. However, occasionally our office may be closed for the day or closed earlier than the time specified, so please call ahead at (808) 586-1218. (If you are dropping off a notarial seal, notrarial book(s), resignation forms, or application or renewal forms, you may simply leave them with the receptionist before 4:00 p.m.)
  2. Q. How can I obtain a Notary Public Application and Notary Public Manual?
    A. You may obtain a notary manual by:
    1. calling the Notary Public Office at the State of Hawai‘i Department of the Attorney General at (808) 586-1216,
    2. downloading/printing the notary application and/or manual online under the Notary Public Office Website, or
    3. writing to the Notary Public Office at:
               Department of the Attorney General
               Notary Public Office
               425 Queen Street
               Honolulu, HI  96813, or
    4. coming in person to the Notary Public Office located at the above address.

      Note:  If you download/print out the Notary Public manual from our website please remember to also print out the applicable Hawaii Revised Statutes updates for Chapter 456 referenced at (http://www.capitol.hawaii.gov/site1/docs/docs.asp#hrs)
  3. Q. What are the minimum requirements to be eligible for a Notary Public Commission?
     A. In order to be eligible for a Notary Public Commission, you must be:
    1. a U.S. citizen or a national, or permanent alien resident of the U.S. who diligently seeks U.S. citizenship,
    2. a Hawai‘i resident, and
    3. at least 18 years old.
  4. Q. What are the steps in becoming a notary in Hawai‘i?
    A. Follow the steps oulined below:
    1. You must fill out an application, making sure to have it notarized before mailing it to or dropping off at the Notary Public Office.
    2. Your application will take 2 to 3 weeks to be processed, and if
      Approved, you will be scheduled to take a written examination with a passing score of 72 points (out of 90 total) or 80 percent.
    3. After passing the notary exam, we will then help and guide you through the process of becoming a Hawai‘i State Notary Public.
  5. Q. How much is the notary manual?
    A.   It is $1.50 if picked up at the Notary Public Office; $2.35 if you want it mailed to you; or free online from the Notary Public Website.
  6. Q. Where do I go to take the written examination and what are the times and days given them?
     A. For O‘ahu Applicants:  
                     Department of the Attorney General
                     Notary Public Office
                     425 Queen Street, 1st Floor
                     Honolulu, Hawai‘i 96813
                     (808) 586-1216

    The Notary Examination is given on Tuesdays and Thursdays (except holidays and when the clerk is on a neighbor island) from 2:00 p.m. to 3:30 p.m.; test takers must check in 15 minutes prior to the 2:00 p.m. commencement of the exam for sign-in and examination instructions).

    Neighbor island applicants:
    For Maui and Kaua‘i island applicants:
    (One day only) The exam is given every other month, alternating the islands of Maui and Kaua‘i.  After your application is processed and approved, you will receive a notice 2 to 3 weeks prior to the exam date, with the place, date, and time the examination will be administered.

    For Hawai‘i island applicants:
    Hilo applicants:
     
                    Department of the Attorney General
                    Family Law Division
                    101 Aupuni Street, Suite 320
                    Hilo, Hawai‘i  96720-4246
    (When notification of exam is sent to you, there will be a phone number and name to call to schedule the exam.)

    For Kailua-Kona applicants:
                    Department of the Attorney General
                    Family Law Division
                    77-6399 Nalani Street, #101
                    Kailua-Kona, Hawai‘i  96740
  7. Q. On O‘ahu, where do I park and do you validate?
    A. Unfortunately, we do not provide parking and we do not validate parking. There is metered street parking downtown along Punchbowl Street and you may park at the Makai Garage (enter on Halekauwila Street), facing the State of Hawai‘i First Circuit Courthouse.
  8. Q. I took the written exam last week and did not hear anything from your office yet and I am interested in knowing whether I passed or failed. Should I call you office for my results?
    A. Please do not call the Notary Public Office for exam results. It takes 2 to
    3 weeks to receive results after an examination. You will receive a written notice in the mail informing you of your test result and instructions on what to do next.
  9. Q. How many times may I reschedule my notary exam date?
    A. Three times. After that, you must submit a new application form with
    letters of reference all over again.
  10. Q. How long is the term of a Hawai‘i notary public commission?
    A. Four years.
  11. Q. Where can I go to get a surety bond?
    A. You can locate an insurance company or surety bond company licensed
    in the State of Hawai‘i through your employer, the phone book or other Hawai‘i notaries.
  12. Q. Do I need to file anything at the Circuit Court?
    A. You must file:
    1. a literal or photostatic (xerox) copy of your commission;
    2. an impression of your notary seal and specimen of your official signature; and
    3. the original bond which has to be approved by a Judge of the Circuit Court where you reside before you can begin notarizing documents.
  13. Q. I have documents that are going overseas. Can I get it certified or
      authenticated at your office?

    A. No. Only the Office of the Lieutenant Governor may do so. You may
    call their office at (808) 586-0255 for more information.
  14. Q. Can I notarize in another state or country?
    A. No.  You are ONLY commissioned to notarize in the State of Hawai‘i; therefore you can only perform duties in the State of Hawai‘i, which includes the judicial circuits of the first (O‘ahu), second (Maui), third (Hawai‘i) and fifth (Kaua‘i) circuits.
  15. Q. Can I notarize out of State or Country documents?
    A. Yes, if you ensure the signor is present and identified.
  16. Q. What type of identification (ID) is required in order to notarize a
      document, and does the ID have to be valid?

    A. The ID must a be valid, government-issued ID, such as a driver’s license, State ID, Military ID or a passport.
  17. Q. Five years ago, a notary notarized a document with my parents signature, but my parents swear they don’t recall signing any such document nor have they met this particular notary. Wouldn’t my parents have to sign the notary’s notarial record book, if indeed my parents indeed appeared before the notary?  And if so, is there a way to look at this notary’s record book? What’s the procedure?
    A. Yes.  Every notary must record at length in a book of records all acts, protests, depositions, and other things by the notary noted or done in the notary’s official capacity.  For each official act, the notary must enter in the book:
    1. the type, date, and time of day of the notarial act;
    2. the title or type and date of the document or proceeding;
    3. the signature, printed name, and address of each person whose signature is notarized and of each witness;
    4. other parties to the instrument; AND
    5. the manner in which the signor was identified.
      Yes, you may view the notary’s old notarial record books by first sending to our office a written request with any information you may have pertaining to the name of the notary public, the type of transaction, the date, and the signor‘s name. Once we have all the information, we will then check our records for the particular notary public.  Please keep in mind, old notarial record books are stored in a warehouse away from our office building. Therefore we must go off site to retrieve record books once a month.
  18. Q. What should I do if I change of my address or employer?
    A. You must notify our office in writing of any change in your address or employment.  For change of employment, in addition to the above, also include a letter of justification from your new employer stating why they want you to continue your notary commission there, types of documents and approximate number of transactions performed each month, and that they are aware that you are a general notary and will have to serve the general public.
  19. Q. I recently got married/divorced, and my last name has changed. What  should I do?
    A. Submit to our office, a name change form, which you can download/print out from the Notary Public website, along with copies of the legal documentation (marriage certificate, divorce decree or name change) noting your name change.
  20. Q. My commission will expire soon. How do I renew my commission?
    A. All renewal applications are mailed out to Hawai‘i notaries two months prior to their expiration date. Note: it is important that notaries keep our office updated with any address changes, as we will mail your renewal application to the address we have on record.
  21. Q. My commission expires tomorrow, but I haven’t turned in my renewal application form. If I turn it in today, will my new commission be ready tomorrow? Can I continue to notarize?
    A. No, for both questions. Application forms take 1 to 2 weeks to process. Once it’s been approved, you will get a notice from us with instructions for the next step, which is to obtain your surety bond. Then you will receive a letter informing you to come to our office to pick up your commissions papers (O‘ahu notaries only; neighbor island notaries will receive their commission packets via mail). After picking up your notary commission papers, you must take them to the circuit court to be filed. Because renewal applications are mailed out two months prior to your expiration date, we suggest that once you receive it, you immediately complete the application and return it, along with the $40.00 commission fee, so that there will not be a lapse of time between your notary commission terms. Also, for you info, when you do file your papers at court, there is a ten-day waiting period for approval of the bond by the judge.
  22. Q. How do I resign as a notary?
    A. Once you submit a resignation letter, all notarial record books, and the notary seal for defacement to the Notary Public Office, your notary public commission will be officially surrendered and resigned.
  23. Q. Should I notarize a document in a foreign language?
    A. Only if you have a thorough understanding of the foreign language in which the document is written. Also, you should not notarize a document written in English if the parties to the document who appear before you speak a foreign language unfamiliar to you. You should refer the parties to a notary who speaks the foreign language, or to the foreign consulate, or to an attorney. (You may call our office for language referral)
  24. Q. Should I notarize a document that has corrections or erasures?
     A. If there are changes to the document, you should call them to the attention of the person who is to acknowledge the document. If the changes are approved, you should place your initials in the margin of the document opposite each erasure or change. It is also advisable to have the person to whom the document pertains, to initial by each change also.
  25. Q. A lady came with a xerox copy of a Power of Attorney to have a document notarized on behalf of her parents. Can I notarize her documents?
     A. No, she must present you with an original copy of the Power of Attorney.
    (Make sure the document states on the Power of Attorney that she has the power to exercise on behalf of her parents.)
  26. Q. Can I certify a copy of a birth certificate, marriage certificate or a passport?
     A. No, you may not.
  27. Q. The name on the document does not match the name on the person’s ID, but he claims that he is the same person as depicted on the ID. What should I do?
    A.
     You should not notarize his document. You must satisfy yourself of the
    identity of the person appearing before you.
  28. Q. A couple appeared before me (both were required to sign and only the husband presented me with a valid ID. His wife did not have an ID with her, but the husband vouched for her. Can I notarize the document?
    A. You may notarize for the husband only if there are two separate acknowledgements. If there is only one, then you may ask them to come back another time with both of their ID’s. A notary must satisfy yourself of the identity of the person appearing before you. Some evidence of identity should be required by the notary. Please refer to question #16.
  29. Q. When do I use a jurat and when do I use an acknowledgment?
    A. For an acknowledgment, the notary certifies that the signor personally appeared before the notary. The signor is positively identified and acknowledges signing the document of the signor’s own free act and deed.

    For a jurat, the notary certifies that the signor personally appeared before the notary. The signor is positively identified and, after signing the document in the notary’s presence, takes an oath or affirmation that the Statements contained in the document are true.
  30. Q. I know that as a general notary public, I am to be available for the good and convenience of the general public for notarizations, but may I ever refuse or decline to notarize a document?
    A. As a notary, you may refuse or decline to notarize a document or documents if:
    1. there are any laws or rules that may be violated;
    2. you have reason to believe that the document contains deceptive or fraudulent information;
    3. the signor does not have a valid ID;
    4. there are blank spaces in the document and the signor tells you that they will be filled out after notarization;
    5. the signor appears to not understand what they are signing; or
    6. the signor is being pressured or coerced into signing the document.
  31. Q. Where can I find information, laws and resources regarding State of Hawai‘i Notary Publics?
    A. Laws and information can be found in the following sources:
    1. The “Notary Public Manual” issued by the State of Hawai‘i Attorney General
    2. With the Notary Public Application, there is “General Information About Duties of a Notary Public” included which provides pertinent information
    3. Hawai‘i Revised Statutes with particular HRS sections:  456-1 through 456-19, 502-41 to 502-84, 603-1, 621-12 and 621-13.
    4. The National Notary Association (NNA) has a “Hawai‘i Law Primer”
  32. Q. The document I am being asked to notarize has no place on the document to do the notarization? What do I do?
    A. You can attach a “notarial certificate” to the document. Notarial certificates can be utilized for acknowledgments, jurats and certified copies that lack notarial wording on the document itself. The notary must securely attach the loose notarial certificate by stapling it to the left side margin of the document. To protect against possible fraudulent removal of a loose notarial certificate, the notary may take the following steps:
    1. emboss the notarial certificate together with the document and
    2. write the particulars of the document itself along the notarial certificates’ margins.
  33. Q. What is “authentication”? What is an “apostille”?
    A. Authentication is the process of proving the “genuineness” of a notary’s official seal and signature.

For documents sent out of state: When documents that are notarized in the State of Hawai‘i are sent to another state or U.S. jurisdiction, proof may be required to show that the notary’s seal and signature are genuine and that the notary had authority to act (the notary had a valid notary commission) at the time of notarization of the document. In Hawai‘i, one proves the genuineness of a notary’s notarization by attaching an “authenticating certificate” to the document certifying that the notary’s seal and signature are genuine.  Authentication is accomplished by comparing the notary’s seal and specimen card to the notary’s specimen card that is on file at the circuit court by the Circuit Court Clerk.

For documents sent out of country:  Notarized documents to be sent out of the country may require a “chain of authentication process” whereby certificates need to be obtained from a Circuit Court Clerk, and the Office of the Lieutenant Governor. In addition, it may be required to obtain separate authenticating certificates from the U.S. Department of State as well as possibly ministries of the foreign nation to which the document(s) is/are being sent.

An apostille is a special authenticating certificate issued by the Lieutenant Governor’s Office, which is necessary to ensure acceptance of a documents’ notary seal and signature of the notary notarizing the document. Nations that subscribe to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents Treaty, require an apostille for notarial acts. 

Apostilles may be obtained from the Lieutenant Governor’s Office by specifically requesting one and indicating to which nation the document will be sent. The Lieutenant Governor’s Office requires that a Circuit Court authenticating certificate be attached to the document prior to requesting an apostille. To request an apostille, go to or contact the:

Office of the Lieutenant Governor
State Capitol, 5th Floor (415 South Beretania street)
P.O. Box 3226
Honolulu, HI  96801
Telephone: 1-808-586-0255
Website:  http://www.hawaii.gov/ltgov/ltgov/contact.html
               http://www.hawaii.gov/ltgov/office/apostilles

Last modified 2008-06-27 02:05 PM