Notary Public Overview and Responsibilities

Questions and Answers

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.

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.

identification

A notary must perform the notary's official duties with __, , and .

Integrity; diligence; skill Signup and view all the answers

The notary's duty extends to ___ who may be affected by the notary's act.

all persons Signup and view all the answers

The powers and duties vested in the notary are personal to the notary and should never be ______________.

delegated Signup and view all the answers

Under Hawaii law, the duties of a notary public include taking an _________________.

acknowledgment Signup and view all the answers

Under Hawaii law, a notary public administers an ___, _, or __________.

oath; affirmation; affidavit Signup and view all the answers

Under Hawaii law, a notary public must take a __________________.

deposition Signup and view all the answers

Under Hawaii law, the duties of a notary public include ___________ a protest.

Noting Signup and view all the answers

An acknowledgment is a _ or formal statement of the person executing an instrument.

public declaration Signup and view all the answers

The written evidence of an ___________________ is the certificate of the officer who takes the acknowledgment.

acknowledgment Signup and view all the answers

An oath is a solemn _ or ______ made by a person to attest to the truth of their words.

pledge; promise Signup and view all the answers

An affirmation is a solemn _ or ___ made in lieu of a sworn statement.

statement; declaration Signup and view all the answers

An affirmation is a pledge of one's __________.

honor Signup and view all the answers

An affidavit is a written or printed ______ made under oath.

statement of facts Signup and view all the answers

The term deposition describes written testimony given in a judicial proceeding, _________ to the trial.

prior Signup and view all the answers

What is a deposition?

A witness's sworn out-of-court testimony. Signup and view all the answers

A protest is a

formal declaration; disapproval Signup and view all the answers

A notary public cannot certify to, or act in, a matter in which the notary has a _ __.

personal interest Signup and view all the answers

A notary is allowed to notarize their own signature.

False Signup and view all the answers

A notary should never, under any circumstances, notarize the notary's own signature.

True Signup and view all the answers

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 _ ______.

law; notary public Signup and view all the answers

A notary is defined as a _____________________

Public Officer whose function is to attest and certify the signing of documents. Signup and view all the answers

A Notary Public is responsible for administering oaths?

True Signup and view all the answers

A Notary Public practices law?

False Signup and view all the answers

A Notary Public witnesses the signing of documents?

True Signup and view all the answers

A Notary Public allows people to use a birth certificate as proper identification?

False Signup and view all the answers

A Notary Public attests to the identity of the signers of the document?

True Signup and view all the answers

A Notary Public notes protests and ____________?

takes acknowledgments of documents. Signup and view all the answers

Although a Notary Public may be commissioned to perform services in connection with work for his/her employer, the notary is nonetheless a ____________?

public officer and as such is required to provide notarial service to the general public. Signup and view all the answers

A Government Notary whose fees and bond are waived is limited by law to performing notarial services pertaining to the business of the government.

True Signup and view all the answers

At what point does a Government Notary perform notarial services outside of the business of the government?

Where the occasion is deemed by the head of the department of the governmental unit to be of urgent necessity and convenience. Signup and view all the answers

In Hawaii, to be eligible for a notary public commission, the applicant must be:

A U.S. citizen; Hawaii resident; and at least 18 years of age. Signup and view all the answers

Application for a Notary Public Commission is made on forms provided by:

the Attorney General. Signup and view all the answers

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.

statutory; administrative Signup and view all the answers

What is the passing score on the written examination for Notary Public Commission?

80 Percent Signup and view all the answers

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.

True Signup and view all the answers

What is the term of office of a Notary Public?

Four Years Signup and view all the answers

When does one's Notary Public Commission expire?

Four Years from the date of the notary's commission. Signup and view all the answers

Can the Attorney General remove or revoke one's commission at any time?

True Signup and view all the answers

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.

30 Signup and view all the answers

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.

True Signup and view all the answers

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.

forfeited Signup and view all the answers

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.

knowingly Signup and view all the answers

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.

expiration Signup and view all the answers

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.

one year Signup and view all the answers

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.

reapply as a new applicant Signup and view all the answers

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.

True Signup and view all the answers

When was the Chapter 5-11, Hawaii Administrative Rules (HAR), governing the practices and procedures of notaries commissioned in Hawaii, adopted?

May 5, 2008 Signup and view all the answers

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.

engraved seal of office Signup and view all the answers

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 ___.

rubber stamp facsimile seal Signup and view all the answers

Notarial seals must be ___________ in shape.

circular Signup and view all the answers

Notarial seals must be no larger than _______________ in diameter.

2 inches Signup and view all the answers

List (4) items that are required to be on the Notarial seal.

<ol> <li>The Notary's name, 2. Commission number, 3. 'State of Hawaii', 4. 'Notary Public'</li> </ol> Signup and view all the answers

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.

authenticate Signup and view all the answers

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.

immediately Signup and view all the answers

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.

90 Signup and view all the answers

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.

200 Signup and view all the answers

A notary must sign the notary's official signature in a different manner as it appears on the notary's seal.

False Signup and view all the answers

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.

False Signup and view all the answers

What must every notary, after being commissioned, submit to the clerk of the circuit court of the circuit in which the notary resides?

<ol> <li>Photocopy of the Notary's commission, 2. Impression of the notary's seal, 3. Specimen of the notary's official signature.</li> </ol> Signup and view all the answers

What is Authentication?

When a clerk of any circuit requests and certifies to the official character and acts of any such notary. Signup and view all the answers

When is Authentication usually required?

When a document notarized by a local notary public is sent to another state or country. Signup and view all the answers

Authentication is also done by the Office of _______________.

Lieutenant Governor Signup and view all the answers

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 $_________________.

1,000 Signup and view all the answers

Each bond shall be approved by a __ _ ___ of the circuit in which the notary resides.

judge of the circuit court Signup and view all the answers

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.

Bond Record Signup and view all the answers

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.

True Signup and view all the answers

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.

False Signup and view all the answers

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.

liable Signup and view all the answers

The party shall have a right of action in the party's own name upon the bond and may prosecute the action to _ and ________.

final judgement; execution Signup and view all the answers

What is a Notarial Record Book?

Where the notary public records at length all acts, protests, depositions, and other things noted or done in the notary's official capacity. Signup and view all the answers

All copies or certificates granted by the notary shall be under the __ and _ ____, and shall be received as evidence of such transactions.

notary's hand; notarial seal Signup and view all the answers

For each official act, the notary shall enter in the book: The _, _, and _____ of the day of the notarial act.

type; date; time Signup and view all the answers

For each official act, the notary shall enter in the book: The or and _ of the document or proceeding.

title; type; date Signup and view all the answers

For each official act, the notary shall enter in the book: The _________, _ _, and __________ of each person whose signature is notarized and of each witness;

signature; printed name; address Signup and view all the answers

For each official act, the notary shall enter in the book: Other parties to the __________________.

instrument Signup and view all the answers

For each official act, the notary shall enter in the book: The manner in which the signer was _________________.

identified Signup and view all the answers

The record book shall be bound with a soft cover and shall not exceed _________ inches in height.

11 Signup and view all the answers

The record book shall not exceed ______ and _ _____ inches in width when fully opened.

sixteen; one half Signup and view all the answers

The pages in the record book shall be ____________ numbered.

consecutively Signup and view all the answers

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.

name; address; number; expiration; book Signup and view all the answers

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.

left; right Signup and view all the answers

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.

Attorney General Signup and view all the answers

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.

50; 500 Signup and view all the answers

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.

True Signup and view all the answers

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.

False Signup and view all the answers

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.

judicial circuits Signup and view all the answers

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.

True Signup and view all the answers

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.

True Signup and view all the answers

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.

True Signup and view all the answers

A notary public in government service shall: Not demand or receive any fee for the notary's service as a notary public.

True Signup and view all the answers

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.

True Signup and view all the answers

A notary public in government service: Except that if that fund is terminated, the fees shall be deposited into the general fund of the _______________.

state Signup and view all the answers

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.

not Signup and view all the answers

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.'

seal; documents; authenticity Signup and view all the answers

A document is notarized in order to protect persons signing an important document.

True Signup and view all the answers

A document is notarized in order to protect others signing an important document.

False Signup and view all the answers

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.

instrument Signup and view all the answers

Study Notes