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Questions and Answers
The recent adoption of HAR -__ helps prevent the fraudulent use of notarized documents and seals.
The recent adoption of HAR -__ helps prevent the fraudulent use of notarized documents and seals.
5-11
Specifically, HAR --___ requires a notary to evidence every acknowledgment or jurat with a certificate describing the document.
Specifically, HAR --___ requires a notary to evidence every acknowledgment or jurat with a certificate describing the document.
5-11-8
HAR 5-11-8 specifies that the notary list the number of pages of each notarized document and provide an _______________ or description of the notarized document.
HAR 5-11-8 specifies that the notary list the number of pages of each notarized document and provide an _______________ or description of the notarized document.
identification
A notary must perform the notary's official duties with __________, __________, and ______.
A notary must perform the notary's official duties with __________, __________, and ______.
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The notary's duty extends to ____ _______ who may be affected by the notary's act.
The notary's duty extends to ____ _______ who may be affected by the notary's act.
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The powers and duties vested in the notary are personal to the notary and should never be ______________.
The powers and duties vested in the notary are personal to the notary and should never be ______________.
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Under Hawaii law, the duties of a notary public include taking an _________________.
Under Hawaii law, the duties of a notary public include taking an _________________.
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Under Hawaii law, a notary public administers an _________, ___________, or ______________.
Under Hawaii law, a notary public administers an _________, ___________, or ______________.
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Under Hawaii law, a notary public must take a __________________.
Under Hawaii law, a notary public must take a __________________.
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Under Hawaii law, the duties of a notary public include ___________ a protest.
Under Hawaii law, the duties of a notary public include ___________ a protest.
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An acknowledgment is a ___________ __________ or formal statement of the person executing an instrument.
An acknowledgment is a ___________ __________ or formal statement of the person executing an instrument.
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The written evidence of an ___________________ is the certificate of the officer who takes the acknowledgment.
The written evidence of an ___________________ is the certificate of the officer who takes the acknowledgment.
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An oath is a solemn _______ or ____________ made by a person to attest to the truth of their words.
An oath is a solemn _______ or ____________ made by a person to attest to the truth of their words.
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An affirmation is a solemn ___________ or _____________ made in lieu of a sworn statement.
An affirmation is a solemn ___________ or _____________ made in lieu of a sworn statement.
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An affirmation is a pledge of one's __________.
An affirmation is a pledge of one's __________.
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An affidavit is a written or printed ____________ ____ ______ made under oath.
An affidavit is a written or printed ____________ ____ ______ made under oath.
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The term deposition describes written testimony given in a judicial proceeding, _________ to the trial.
The term deposition describes written testimony given in a judicial proceeding, _________ to the trial.
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What is a deposition?
What is a deposition?
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A protest is a
A protest is a
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A notary public cannot certify to, or act in, a matter in which the notary has a _________ __________.
A notary public cannot certify to, or act in, a matter in which the notary has a _________ __________.
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A notary is allowed to notarize their own signature.
A notary is allowed to notarize their own signature.
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A notary should never, under any circumstances, notarize the notary's own signature.
A notary should never, under any circumstances, notarize the notary's own signature.
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The most important obligation a notary has to the public is to judge what acts constitute the practice of ____ and what acts constitute the practice of a _______ ________.
The most important obligation a notary has to the public is to judge what acts constitute the practice of ____ and what acts constitute the practice of a _______ ________.
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A notary is defined as a _____________________
A notary is defined as a _____________________
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A Notary Public is responsible for administering oaths?
A Notary Public is responsible for administering oaths?
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A Notary Public practices law?
A Notary Public practices law?
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A Notary Public witnesses the signing of documents?
A Notary Public witnesses the signing of documents?
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A Notary Public allows people to use a birth certificate as proper identification?
A Notary Public allows people to use a birth certificate as proper identification?
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A Notary Public attests to the identity of the signers of the document?
A Notary Public attests to the identity of the signers of the document?
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A Notary Public notes protests and ____________?
A Notary Public notes protests and ____________?
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Although a Notary Public may be commissioned to perform services in connection with work for his/her employer, the notary is nonetheless a ____________?
Although a Notary Public may be commissioned to perform services in connection with work for his/her employer, the notary is nonetheless a ____________?
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A Government Notary whose fees and bond are waived is limited by law to performing notarial services pertaining to the business of the government.
A Government Notary whose fees and bond are waived is limited by law to performing notarial services pertaining to the business of the government.
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At what point does a Government Notary perform notarial services outside of the business of the government?
At what point does a Government Notary perform notarial services outside of the business of the government?
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In Hawaii, to be eligible for a notary public commission, the applicant must be:
In Hawaii, to be eligible for a notary public commission, the applicant must be:
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Application for a Notary Public Commission is made on forms provided by:
Application for a Notary Public Commission is made on forms provided by:
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After approval of an applicant by the Attorney General, the applicant is required to take a written closed-book examination covering the ___________ laws and _____________ regulations that apply to notaries public.
After approval of an applicant by the Attorney General, the applicant is required to take a written closed-book examination covering the ___________ laws and _____________ regulations that apply to notaries public.
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What is the passing score on the written examination for Notary Public Commission?
What is the passing score on the written examination for Notary Public Commission?
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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 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.
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What is the term of office of a Notary Public?
What is the term of office of a Notary Public?
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When does one's Notary Public Commission expire?
When does one's Notary Public Commission expire?
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Can the Attorney General remove or revoke one's commission at any time?
Can the Attorney General remove or revoke one's commission at any time?
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Each notary shall, upon ANY CHANGES in the notary's office, occupation, residence, or employment, report the same in writing to the Attorney General within ______ days of the change.
Each notary shall, upon ANY CHANGES in the notary's office, occupation, residence, or employment, report the same in writing to the Attorney General within ______ days of the change.
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Each Notary Public shall be responsible for renewing the Notary Public's commission on a timely basis and satisfying the renewal requirements provided by law.
Each Notary Public shall be responsible for renewing the Notary Public's commission on a timely basis and satisfying the renewal requirements provided by law.
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The failure to renew a commission in a timely manner may cause the commission to be __________, if the Attorney General finds that the failure was done knowingly.
The failure to renew a commission in a timely manner may cause the commission to be __________, if the Attorney General finds that the failure was done knowingly.
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The commission of a Notary Public is forfeited if the Notary Public __________ fails to submit a completed renewal application, pay the renewal fee, or complete the processing and filing of a new commission for renewal by the date of expiration of the Notary Public's commission.
The commission of a Notary Public is forfeited if the Notary Public __________ fails to submit a completed renewal application, pay the renewal fee, or complete the processing and filing of a new commission for renewal by the date of expiration of the Notary Public's commission.
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The commission of a Notary Public is forfeited if the Notary Public knowingly fails to submit a completed renewal application, pay the renewal fee, or complete the processing and filing of a new commission for renewal by the date of __________ of the Notary Public's commission.
The commission of a Notary Public is forfeited if the Notary Public knowingly fails to submit a completed renewal application, pay the renewal fee, or complete the processing and filing of a new commission for renewal by the date of __________ of the Notary Public's commission.
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Any Notary seeking to restore the notary's forfeited commission more than _________ from the date of expiration of the commission shall reapply as a new applicant for a notary public commission.
Any Notary seeking to restore the notary's forfeited commission more than _________ from the date of expiration of the commission shall reapply as a new applicant for a notary public commission.
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Any Notary seeking to restore the notary's forfeited commission more than one year from the date of expiration of the commission shall ______ __ _ ____ ________ for a notary public commission.
Any Notary seeking to restore the notary's forfeited commission more than one year from the date of expiration of the commission shall ______ __ _ ____ ________ for a notary public commission.
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The Attorney General subject to chapter 91, Hawaii Revised Statutes (HRS), may prescribe such rules as the Attorney General deems advisable concerning the administration of chapter 456, HRS, the appointment and duties of notaries public, and the duties of other officers there under.
The Attorney General subject to chapter 91, Hawaii Revised Statutes (HRS), may prescribe such rules as the Attorney General deems advisable concerning the administration of chapter 456, HRS, the appointment and duties of notaries public, and the duties of other officers there under.
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When was the Chapter 5-11, Hawaii Administrative Rules (HAR), governing the practices and procedures of notaries commissioned in Hawaii, adopted?
When was the Chapter 5-11, Hawaii Administrative Rules (HAR), governing the practices and procedures of notaries commissioned in Hawaii, adopted?
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Each notary is required to obtain, at the expense of the notary or the notary's company, and shall constantly keep either an _______ ___ __ ____or a rubber stamp facsimile seal.
Each notary is required to obtain, at the expense of the notary or the notary's company, and shall constantly keep either an _______ ___ __ ____or a rubber stamp facsimile seal.
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Each notary is required to obtain, at the expense of the notary or the notary's company, and shall constantly keep either an engraved seal of office or a ____ ____ ______ _____.
Each notary is required to obtain, at the expense of the notary or the notary's company, and shall constantly keep either an engraved seal of office or a ____ ____ ______ _____.
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Notarial seals must be ___________ in shape.
Notarial seals must be ___________ in shape.
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Notarial seals must be no larger than _______________ in diameter.
Notarial seals must be no larger than _______________ in diameter.
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List (4) items that are required to be on the Notarial seal.
List (4) items that are required to be on the Notarial seal.
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The notary public shall __________ all the notary's official acts, attestations, certificates, and instruments therewith, and shall always add to an official signature the types or printed name of the notary and a statement showing the date that the notary's commission expires.
The notary public shall __________ all the notary's official acts, attestations, certificates, and instruments therewith, and shall always add to an official signature the types or printed name of the notary and a statement showing the date that the notary's commission expires.
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Upon resignation, death, expiration of term of office without reappointment, or removal from the abandonment of office, the notary public shall ______________ deliver the notary's seal to the Attorney General for defacement or destruction.
Upon resignation, death, expiration of term of office without reappointment, or removal from the abandonment of office, the notary public shall ______________ deliver the notary's seal to the Attorney General for defacement or destruction.
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If any notary fails to deliver the seal within ____ 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 within ninety days of the notary's death, then the notary public or notary's personal representative shall forfeit no 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.
If any notary fails to deliver the seal within ____ 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 within ninety days of the notary's death, then the notary public or notary's personal representative shall forfeit no 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.
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If any notary fails to deliver the seal within ninety 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 within ninety days of the notary's death, then the notary public or notary's personal representative shall forfeit no more than $_____, in the discretion of the court, to be recovered in an action to be brought by the Attorney General on behalf of the state.
If any notary fails to deliver the seal within ninety 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 within ninety days of the notary's death, then the notary public or notary's personal representative shall forfeit no more than $_____, in the discretion of the court, to be recovered in an action to be brought by the Attorney General on behalf of the state.
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A notary must sign the notary's official signature in a different manner as it appears on the notary's seal.
A notary must sign the notary's official signature in a different manner as it appears on the notary's seal.
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A notary must never add to the notary's official signature the date of the expiration of the notary's commission as a notary public.
A notary must never add to the notary's official signature the date of the expiration of the notary's commission as a notary public.
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What must every notary, after being commissioned, submit to the clerk of the circuit court of the circuit in which the notary resides?
What must every notary, after being commissioned, submit to the clerk of the circuit court of the circuit in which the notary resides?
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What is Authentication?
What is Authentication?
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When is Authentication usually required?
When is Authentication usually required?
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Authentication is also done by the Office of _______________.
Authentication is also done by the Office of _______________.
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Each notary public forthwith and before entering upon the duties of the notary's office shall execute, at the expense of the notary or the notary's company, an official surety bond which shall be in the sum of $_________________.
Each notary public forthwith and before entering upon the duties of the notary's office shall execute, at the expense of the notary or the notary's company, an official surety bond which shall be in the sum of $_________________.
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Each bond shall be approved by a ______ __ ____ _______ _______ of the circuit in which the notary resides.
Each bond shall be approved by a ______ __ ____ _______ _______ of the circuit in which the notary resides.
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The clerk shall keep a book to be called the '_________ ________', in which the clerk shall record such data in respect to each of the bonds deposited and filed in the clerk's office as the Attorney General may direct.
The clerk shall keep a book to be called the '_________ ________', in which the clerk shall record such data in respect to each of the bonds deposited and filed in the clerk's office as the Attorney General may direct.
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In the performance of a notarial act, a notary's liability shall be limited to a failure by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act.
In the performance of a notarial act, a notary's liability shall be limited to a failure by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act.
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In the performance of a notarial act, a notary's liability shall not be limited to a success by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act.
In the performance of a notarial act, a notary's liability shall not be limited to a success by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act.
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For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary's official bond, the notary and the surety on the notary's official bond shall be __________ to the party injured thereby for all the damages sustained.
For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary's official bond, the notary and the surety on the notary's official bond shall be __________ to the party injured thereby for all the damages sustained.
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The party shall have a right of action in the party's own name upon the bond and may prosecute the action to _____ ______ and __________.
The party shall have a right of action in the party's own name upon the bond and may prosecute the action to _____ ______ and __________.
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What is a Notarial Record Book?
What is a Notarial Record Book?
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All copies or certificates granted by the notary shall be under the ______ ________ and _______ ______, and shall be received as evidence of such transactions.
All copies or certificates granted by the notary shall be under the ______ ________ and _______ ______, and shall be received as evidence of such transactions.
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For each official act, the notary shall enter in the book: The _____, _______, and _______ of the day of the notarial act.
For each official act, the notary shall enter in the book: The _____, _______, and _______ of the day of the notarial act.
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For each official act, the notary shall enter in the book: The ________ or ________ and _________ of the document or proceeding.
For each official act, the notary shall enter in the book: The ________ or ________ and _________ of the document or proceeding.
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For each official act, the notary shall enter in the book: The _____________, _________ _______, and ____________ of each person whose signature is notarized and of each witness;
For each official act, the notary shall enter in the book: The _____________, _________ _______, and ____________ of each person whose signature is notarized and of each witness;
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For each official act, the notary shall enter in the book: Other parties to the __________________.
For each official act, the notary shall enter in the book: Other parties to the __________________.
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For each official act, the notary shall enter in the book: The manner in which the signer was _________________.
For each official act, the notary shall enter in the book: The manner in which the signer was _________________.
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The record book shall be bound with a soft cover and shall not exceed _________ inches in height.
The record book shall be bound with a soft cover and shall not exceed _________ inches in height.
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The record book shall not exceed ________ and _____ _______ inches in width when fully opened.
The record book shall not exceed ________ and _____ _______ inches in width when fully opened.
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The pages in the record book shall be ____________ numbered.
The pages in the record book shall be ____________ numbered.
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The notary public shall always provide and print legibly on the information page of each record book the notary public's ________, business ____________, commission , commission ______________ date, the number, and the beginning and ending dates of the notarial acts recorded in that book.
The notary public shall always provide and print legibly on the information page of each record book the notary public's ________, business ____________, commission , commission ______________ date, the number, and the beginning and ending dates of the notarial acts recorded in that book.
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The notary public shall always print legibly the notary public's name on the top _______ corner and the notary public's commission number on the top _________ corner of each set of pages of transactions in each record book.
The notary public shall always print legibly the notary public's name on the top _______ corner and the notary public's commission number on the top _________ corner of each set of pages of transactions in each record book.
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The records of each notary public shall be deposited with the ________________ ________________ upon the resignation, death, expiration of each term of office, or removal from or abandonment of office.
The records of each notary public shall be deposited with the ________________ ________________ upon the resignation, death, expiration of each term of office, or removal from or abandonment of office.
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If any notary fails to comply within ninety days of the date of resignation, expiration of any term of office, or removal from or abandonment of office, or if the notary's personal representative fails to comply within ninety days of the notary's death, then the notary or the notary's personal representative shall forfeit to the State not less than $______ nor more than $______, in the discretion of the court, in an action brought by the Attorney General on behalf of the state.
If any notary fails to comply within ninety days of the date of resignation, expiration of any term of office, or removal from or abandonment of office, or if the notary's personal representative fails to comply within ninety days of the notary's death, then the notary or the notary's personal representative shall forfeit to the State not less than $______ nor more than $______, in the discretion of the court, in an action brought by the Attorney General on behalf of the state.
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A notary public in government service, shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.
A notary public in government service, shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.
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A notary public in government service, shall perform, with charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.
A notary public in government service, shall perform, with charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.
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A notary public in government service shall: Be authorized to perform the duties of a notary public in one or more of the __________ __________ of the state as the Attorney General shall designate.
A notary public in government service shall: Be authorized to perform the duties of a notary public in one or more of the __________ __________ of the state as the Attorney General shall designate.
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A notary public in government service shall not be required to pay any fee to the clerk of any circuit court for filing a copy of the notary's commission.
A notary public in government service shall not be required to pay any fee to the clerk of any circuit court for filing a copy of the notary's commission.
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A notary public in government service shall not be required to pay any fee to the Attorney General for the issuance of the notary's commission or the renewal thereof.
A notary public in government service shall not be required to pay any fee to the Attorney General for the issuance of the notary's commission or the renewal thereof.
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A notary public in government service shall not be required to furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate.
A notary public in government service shall not be required to furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate.
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A notary public in government service shall: Not demand or receive any fee for the notary's service as a notary public.
A notary public in government service shall: Not demand or receive any fee for the notary's service as a notary public.
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A notary public in government service shall not be compelled to administer oaths or take acknowledgments in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and deposited into the notaries public revolving fund established by HRS 456-9.5.
A notary public in government service shall not be compelled to administer oaths or take acknowledgments in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and deposited into the notaries public revolving fund established by HRS 456-9.5.
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A notary public in government service: Except that if that fund is terminated, the fees shall be deposited into the general fund of the _______________.
A notary public in government service: Except that if that fund is terminated, the fees shall be deposited into the general fund of the _______________.
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With prior written approval by the Attorney General, the notary public, upon paying the fees prescribed by law and upon executing, depositing, and filing at the notary's own expense, the required official bond, may demand or receive the fees prescribed by law for services rendered by the notary in matters _________ pertaining to such government business.
With prior written approval by the Attorney General, the notary public, upon paying the fees prescribed by law and upon executing, depositing, and filing at the notary's own expense, the required official bond, may demand or receive the fees prescribed by law for services rendered by the notary in matters _________ pertaining to such government business.
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A notary is defined as a 'public officer whose function is to attest and certify, by the notary's hand and official _______, certain classes of ______________, in order to give them credit and _______________ in foreign jurisdictions, to take acknowledgments of deeds and other conveyances, and certify them, and to perform certain official acts, chiefly in commercial matters.'
A notary is defined as a 'public officer whose function is to attest and certify, by the notary's hand and official _______, certain classes of ______________, in order to give them credit and _______________ in foreign jurisdictions, to take acknowledgments of deeds and other conveyances, and certify them, and to perform certain official acts, chiefly in commercial matters.'
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A document is notarized in order to protect persons signing an important document.
A document is notarized in order to protect persons signing an important document.
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A document is notarized in order to protect others signing an important document.
A document is notarized in order to protect others signing an important document.
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Getting a document assures the parties to an ___________ that this particular document and no other is the authentic document which is intended to be given full force and effect.
Getting a document assures the parties to an ___________ that this particular document and no other is the authentic document which is intended to be given full force and effect.
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Study Notes
Notary Public Overview
- Defined as a public officer who attests and certifies the signing of documents.
- Responsible for administering oaths, but does not practice law.
Notary Public Responsibilities
- Witnesses the signing of documents and attests to the identity of signers.
- Notes protests and takes acknowledgments of documents.
- Should provide notarial services to the general public, even when commissioned by an employer.
Government Notaries
- Fees and bonds may be waived, limiting notarial services to government business.
- Services outside of government work are performed only in cases of urgent necessity and convenience.
- Must adhere to specific rules prescribed by the Attorney General.
Eligibility and Commissioning
- Must be a U.S. citizen, Hawaii resident, and at least 18 years old to apply for a notary public commission.
- Applications submitted using forms from the Attorney General.
- Requires passing a written, closed-book examination with a passing score of 80%.
Commission Details
- Commission valid for four years and may be revoked by the Attorney General.
- Changes in office, occupation, residence, or employment must be reported within 30 days.
- Failing to renew in a timely manner may result in forfeiture of commission.
Notarial Seal and Records
- Each notary must obtain and keep an engraved seal of office or a rubber stamp facsimile seal.
- Notarial seals must be circular and no larger than 2 inches in diameter, including details like the notary's name and commission number.
- Notarial acts recorded in a Notarial Record Book, documenting details such as type, date, and involved parties.
Authentication and Liability
- Authentication required when notarized documents are sent to another state or country.
- Notary's liability limited to failures in performing notarial acts correctly.
- Injured party has the right to action upon the notary’s official bond for damages.
Compliance and Service Fees
- Government notaries perform services without charge for state or U.S. business.
- Not required to pay filing fees or furnish a bond unless mandated by a supervisor.
- Fees prescribed for non-governmental matters must be deposited into the appropriate fund.
General Conduct and Ethics
- Notaries must perform duties with integrity, diligence, and skill.
- Responsibilities extend to all persons affected by the notary's acts; powers cannot be delegated.
Notarization Purpose and Fraud Prevention
- A document is notarized to protect the authenticity of the signing parties.
- Recent administrative rules aim to prevent fraudulent use of notarized documents.
- Specific requirements for documenting notarizations established to mitigate fraud risks.
Legal Duties Under Hawaii Law
- Notarial duties include taking acknowledgments and administering oaths, affirmations, or affidavits.
- The scope of practice is confined to actions that the notary can perform personally.### Legal Terminology and Definitions
- Deposition: Written testimony of a witness, given prior to a trial or hearing, which can occur through oral examination or in response to written interrogatories, allowing for cross-examination.
- Noting: Refers to the act of formally registering a protest by a notary public.
- Acknowledgment: A public declaration by a signer, confirming that an instrument was executed willingly and is their act and deed.
- Acknowledgment Certificate: Official written evidence confirming that the signer appeared before an authorized officer and acknowledged the instrument.
- Oath: A solemn pledge or promise made by a person (the affiant), appealing to a divine being to verify the truth of their words.
- Affirmation: A solemn statement or declaration made in place of an oath by individuals unable to swear due to personal beliefs, emphasizing a pledge of honor.
- Affidavit: A voluntary written statement of facts, made under oath or affirmation before an authorized official.
Notary Public Duties and Limitations
- Role of Notary: Duties are restricted to specific notarial acts, including protests, acknowledgments, and verifying signatures.
- Conflict of Interest: Notaries cannot act in matters where they have a personal interest, maintaining objectivity and impartiality.
- Notarizing Own Signature: Notaries are prohibited from notarizing their own signatures under any circumstances, ensuring no conflict arises.
Legal Obligations and Practices
- Important Notarial Obligation: Notaries must assess what actions are lawful practices of their role versus unauthorized practices.
- Formal Declaration: A protest is a legal declaration expressing dissent or disapproval towards an action already performed or about to take place, ensuring legal rights are protected.
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Description
Explore the essential roles and responsibilities of a Notary Public. This quiz covers the definition of a Notary, their duties, government regulations, and eligibility requirements. Test your knowledge on what it takes to be a Notary Public and understand its importance.
