Hawaii laws on notaries public can be found in Chapter 456, Title 25, Division 2 of Hawaii revised statutes. Pursuant to HRS § 456-1, the attorney general may, in the attorney general’s discretion, appoint and commission such number of notaries public for the State as the attorney general deems necessary for the public good and convenience. The term of office of a notary public shall be four years from the date of the notary’s commission, unless sooner removed by the attorney general for cause after due hearing. After due hearing, the commission of a notary public may be revoked or otherwise disciplined by the attorney. Each notary shall, upon any change in the notary’s office, occupation, residence, or employment, forthwith report the same to the attorney general. Each notary public is responsible for renewing the notary public’s commission on a timely basis and satisfying the renewal requirements provided by law. The failure to renew a commission in a timely manner may cause the commission to be forfeited, if the attorney general finds that the failure was done knowingly. A forfeited commission may be restored by the attorney general within one year after the date of forfeiture upon compliance with the commission renewal requirements provided by law and upon written application and payment of all applicable fees[i].
Pursuant to HRS § 456-1.5, in addition to any other powers and duties authorized by law, the attorney general shall have the following powers:
1) Issue notary public commissions to applicants;
2) Adopt, amend, or repeal rules;
3) Suspend or revoke any commission for any cause or for any violation of the rules adopted pursuant to this chapter, and refuse to issue any commission for any cause that would be grounds for suspension or revocation of a commission; and
4) Impose administrative fines .
Pursuant to HRS § 456-2, every person appointed a notary public must, at the time of the person’s appointment, be a resident of the State, possess the other qualifications required of public officers and be at least 18 years of age. Every person appointed to that office must, before entering thereon, take and subscribe an oath for the faithful discharge of the person’s duties, which oath must be filed in the department of the attorney general.
Pursuant to HRS § 456-3, every notary public must constantly keep an engraved seal of office or a rubber stamp facsimile seal which shall clearly show, when embossed, stamped, or impressed upon a document, the notary’s name, and the words, “notary public” and “State of Hawaii.” The notary public must authenticate all the notary’s official acts, and must always add to an official signature the typed or printed name of the notary and a statement showing the date that the notary’s commission expires. Upon resignation, death, expiration of term of office without reappointment, or removal from or abandonment of office, the notary public must immediately deliver the notary’s seal to the attorney general who must deface or destroy the same. If any notary fails to comply with this section within 90 days of the date of the notary’s resignation, expiration of term of office without reappointment, or removal from or abandonment of office or if the notary’s personal representative fails to comply with this section within 90 days of the notary’s death, then the notary public or the notary’s personal representative must forfeit to the State not more than $200, in the discretion of the court, to be recovered in an action to be brought by the attorney general on behalf of the State[ii].
Pursuant to HRS § 456-7, a person commits the offense of unauthorized practice as a notary public if the person knowingly engages in or offers to engage in any duties of the office of a notary public without first complying with all of the following:
1) Being appointed and commissioned as a notary public by the attorney general;
2) Filing a copy of the person’s commission, an impression of the person’s seal, and a specimen of the person’s official signature with the clerk of the circuit court of the circuit in which the person resides; and
3) Executing an official surety bond.
Any person who violates this section is guilty of a misdemeanor and will be sentenced in accordance with chapter 706.
Pursuant to HRS § 456-9.5, notaries public revolving fund is established in the state treasury into which shall be deposited:
1) All fees, administrative fines, charges, or other payments received pursuant to section 456-9;
2) Penalties and fines for violations of section 456-3, 456-7, or 456-16;
3) Appropriations made for deposit into the notaries public revolving fund; and
4) Interest earned on money in the notaries public revolving fund.
The notaries public revolving fund is administered by the department of the attorney general. Moneys in the notaries public revolving fund is used for personnel costs, the acquisition of equipment, and operating and administrative costs deemed necessary by the department of the attorney general to administer this chapter. The moneys in the fund may also be used to train personnel as the attorney general deems necessary, and for any other activity related to notaries public[iii].
Pursuant to HRS § 456-10, it is notary public’s duty, when requested, to enter on record all losses or damages sustained or apprehended, by sea or land, and also all averages, and such other matters as, by mercantile usage, appertain to the notary’s office, and cause protest thereof to be made, duly and formally.
Pursuant to HRS § 456-13, every notary public may administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper.
Pursuant to HRS § 456-14, a notary public, although an officer, employee, shareholder, or director of a corporation or trust company can take the acknowledgment of any party to any written instrument executed to or by the corporation or trust company, or to administer an oath to any shareholder, director, officer, employee, or agent of the corporation or trust company, or to protest for nonacceptance or nonpayment of bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by the corporation or trust company. However it is unlawful for any notary public to take the acknowledgment of any party to an instrument, or to protest any negotiable instrument, where the notary is individually a party to the instrument[iv].
Pursuant to HRS § 456-16, the records of each notary public must be deposited with the office of the attorney general upon the resignation, death, expiration of each term of office, or removal from or abandonment of office. If any notary fails to comply with this section within 90 days of the date of the resignation, expiration of any term of office, or removal from or abandonment of office or if the notary’s personal representative fails to comply with this section within 90 days of the notary’s death, then the notary or the notary’s personal representative shall forfeit to the State not less than $50 nor more than $500, in the discretion of the court, in an action brought by the attorney general on behalf of the State[v].
Pursuant to HRS § 456-17, every notary public is entitled to demand and receive the following fees:
For noting the protest of mercantile paper, $5;
For each notice and certified copy of protest, $5;
For noting any other protest, $5;
For every notice thereof, and certified copy of protest, $5;
For every deposition, or official certificate, $5;
For the administration of oath, including the certificate of the oath, $5; for affixing the certificate of the oath to every duplicate original instrument beyond four, $2.50;
For taking any acknowledgment, $5 for each party signing; for affixing to every duplicate original beyond one of any instrument acknowledged before the notary, the notary’s certificate of the acknowledgment, $2.50 for each person making the acknowledgment.
Pursuant to HRS § 456-20, a person commits the offense of failure to verify identity and signature if the person is a commissioned notary public and knowingly notarizes a document and:
1) If a witness to the signing of the instrument, fails to verify the identity of the signer by personally knowing the signer or by comparing the personal appearance of the signer with satisfactory proof of the signer’s identity; or2)
2) If not a witness to the signing of the instrument, fails to verify the identity of the signer by personally knowing the signer or by comparing the personal appearance of the signer with satisfactory proof of the signer’s identity; or fails to verify the signature of the signer by recognizing the signature of the signer by personal familiarity with the signature, or by comparing the signature with satisfactory proof of the signer’s signature.
Any person who violates this section is guilty of a misdemeanor and shall be sentenced in accordance with chapter 706. A conviction under this section will result in the automatic revocation of the notary public’s commission[vi].
Pursuant to HRS § 456-21, a person commits the offense of failure to authenticate with a certification statement if the person is a commissioned notary public and knowingly notarizes a document and fails to include any of the following in the notary certification:
1) Date of notarization and signature of the notary public;
2) The printed name and stamp or seal of the notary public;
3) Identification of the jurisdiction in which the notarial act is performed;
4) Identification or description of the document being notarized, placed in close proximity to the acknowledgment or jurat; and
5) A statement of the number of pages and date of the document.
Any person who violates this section is guilty of a misdemeanor and shall be sentenced in accordance with chapter 706. A conviction under this section will result in the automatic revocation of the notary public’s commission[vii].
[i] HRS § 456-1.
[ii] HRS § 456-3.
[iii] HRS § 456-9.5.
[iv] HRS § 456-14.
[v] HRS § 456-16.
[vi] HRS § 456-20.
[vii] HRS § 456-21.
