Hawaii Notary Public Exam Questions and Answers 2023

Hawaii Notary Public Exam Questions and Answers 2023 Ture or false; The Notary Public is required to provide notarial service to the general public? True A Notary Public's functions include these 5 things. 1. Administering oaths 2. Witnessing the signing of documents 3. Attesting to the identity of the signers of the document 4. noting protests 5. taking acknowledgments of documents To be eligible for the notary public commission in Hawaii the applicant must be these 3 things. 1. A United States citizen, or a national or permanent resident alien of the U.S. who diligently seeks citizenship upon becoming eligible to apply for U.S. citizenship 2. A Hawaii Resident 3. At least 18 years old How long is the Notary Public's term of commision? 4 years from the date of the notary's commission. How long does the Notary have to inform the attorney general when there is a change to the Notary's office, occupation, residence, or employment? 30 days. If seeking to renew a forfeited notary commission how long does the notary public have to restore the commission before having to reapply as a new applicant? 1 year. Describe the notary's seal stamp. Rubber, circular, not over 2 inches in diameter, with a serrated or milled edge boarder that clearly shows the notary's name, commission number, and the words "notary public" and "State of Hawaii" Upon resignation, death, or expiration of notary commission how long does the notary/notary's personal representative have to to deliver the notary's seal to the Attorney General for defacement or destruction? 90 days. If the notary public/notary's personal representative fails to return the notary's seal to the Attorney General in the specified amount of time how much is the fine? Not more than $200 to the State. What 3 things have to be included in the notary's official signature? 1. The notary's signature signed in the same manner as it appears on the notary's seal. 2. Date of expiration of the notary's commission. 3. Typed or printed name of notary below signature After being commissioned the notary must file what 3 things with the CLERK OF THE CIRCUIT COURT of the circuit in which the notary resides? 1. a photocopy of the notary's commission 2. impression of the notary's seal 3. specimen of the notary's official signature What is the "Authentication of Acts?" Any clerk, when requested, shall certify to the official character and acts of any such notary whos commission, impression of seal, and specimen of official signature are on file with the clerk's office. Authentication is usually required when a document notarized by a local notary public is sent to another state or country. Such state or country may require evidence that the notary who notarized the document is a duty commissioned officer in the state of Hawaii. Authentication is also done by the Office of the Lieutenant Governor. How much is the Notary's official bond? $1,000 Who is the obligee of the notary bond? The State. What is the condition therein of the notary bond? The condition contained therein shall be that the notary public will WELL, TRULY, AND FAITHFULLY perform all the duties of the notary republic which are then or may thereafter be required, prescribed, or defined by law or by any rule made under the express or implied authority of any statute, and all duties and acts undertaken, assumed, or performed by the notary public by virtue or color of the notary's office. In the event of 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 liable to what party? The party injured thereby for all the damages sustained. For each official act what 6 things must the notary record in the notarial record 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 who's signature is notarized and of each witness, other parties to the instrument. 4. The identity of the person is based on personal knowledge, a statement to that effect. 5. If the identity of the person is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any including the identification number and date of expiration of the identification credentials 6. The fee, if any, charged by the notary public Describe the notary public record book. I.E. cover type, size, and requirements. Bound with a soft cover not to exceed eleven inches in height and 16.5 inches in width when fully opened. The pages of the record book shall be consecutively numbered. The information page should include the notary's name, business address, commission number, and commission expiration date, the book number, and the beginning and ending dates of the notarial acts recorded in that book. ON EACH SET OF PAGES THE NOTARY SHOULD PRINT THEIR NAME IN THE TOP LEFT CORNER AND THEIR COMMISSION NUMBER ON THE TOP RIGHT CORNER. How long should the records of each notary public be maintained upon the resignation, death, expiration of term in office, or revocation of commission by Attorney General? What is the fee if the notary/personal representative does not comply? 10 years. If the notary or personal representative fails to comply they shall forfeit to the state $50 - $500. True or False; Notaries 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 A notary public in government service shall not be required to do these 4 things 1. Pay any fee to the clerk of any circuit court for filing a copy of the notary's commission 2. Pay any fee to the Attorney General for the issuance of the notary's commission or the renewal thereof 3. Furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate, in which event, the expense of furnishing any such bond shall be borne by the department concerened. 4. Not demand or receive any fee for the notary's service as a notary public. Why is a document notarized? To protect the person(s) signing an important document. It assures the parties to an agreement that this particular document and no other is the authentic document which is intended to give full force and effect. What are a notaries official duties in accordance with 66 C.J.S. Notaries SS 17? A notary must perform the notary's official duties with integrity, diligence, and skill. The notary's duty is not confined to the one whom the notary directly renders service, but it extends to all persons who may be affected by the notary's act. What judicial court includes the island of Oahu, the district of Kalawao on the island of Molokai and all other unmentioned islands? The First [City and County of Honolulu] What Island(s) belong to the third judicial circuit? The Island of Hawaii [County of Hawaii] What Island(s) belong to the 5th judicial circuit? Kauai and Niihau [County of Kauai] Which judicial circuit includes the islands of Maui and Molokai except the Kalawao district, Lanai, Kahoolawe, and Molokini? The Second [County of Maui] What is an Acknowledgment? A public declaration or formal statement of the person executing (signing) an instrument made to the official authorized to take the acknowledgment, that the execution of such instrument was his or her free act and deed. What is an oath? "a solemn pledge or promise made by a person (affiant) with an appeal to god or a supreme being to attest to the truth of the person's words" What is an affirmation? "a solemn statement or declaration made as a substitute for a sworn statement by a person whose conscience will not permit the person to swear at all" What is an affidavit? "a written or printed statement of facts, made voluntarily, and under oath or affirmation of the party making it, taken before an officer having authority to administer such oath." What is a deposition? 1.) any written statement verified by oath OR 2.) The written testimony of a witness given in the course of a judicial proceeding, either at law or in equity, in advance of the trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross-examination. What is a protest? "a formal declaration made by a person in interest or concerned in some act about to be done, or already performed, whereby the person expresses the person's dissent or disapproval, or affirms the act against the persons will. Why take a protest? The object of a protest is to preserve some right which would be lost if the person's implied assent could be made out or to exonerate the person from responsibility which would attach to the person unless the person expressly negatived the person's assent. True or false; A notary public cannot certify to, or act in, a matter in which the notary has personal interest? True True or false; A notary can notarize their own signature. False What happens if a person is declared to be incompetent at the time an agreement was signed and notarized? The agreement becomes null and void. True or false; A notary can take a notarization over the telephone. False. The individual having a document notarized must appear in front of the notary. True or false; Mere relationship to a party does not disqualify the notary? True. Example; A wife who is a notary public, may notarize her husband's documents, provided the wife does not derive beneficial interest therefrom. If a person appearing before a notary cannot physically sign their own name or make a mark on a document provided for notarization what can the notary do? The notary may sign the name of the person provided that the notary is satisfied that the person has voluntarily given consent. If the notary signs a persons name what must the notary write to indicate this? "signature affixed by notary pursuant to section 456-19, Hawaii Revised Statutes" beneath the signature, and if a doctor's written certificate is provided to the notary certifying that the person is unable to physically sign or make a mark because of the disability, and that the person is capable of communicating the person's intentions. If a person is only able to make a mark on a document to be notarized what should the notary record? The notary indicates that it is the mark of the person in question. Example: X (mark of John Doe). What is Extoriton? The wrestling of anything of value from another by duress, force, or by any undue exercise of power. What is the fraudulent making or altering of a writing, with the intent to deceive another and prejudice the person in some right? Forgery. What is perjury? Making, in an official proceeding, under an oath required or authorized by law, a false statement which the person does not believe to be true. What is the willful and corrupt procuring of another to commit perjury? Subornation Is it permissible to perform a notarial service on a Sunday or Holiday in Hawaii? Yes. If their are changes on a document how must a notary record them? If the changes are approved the notary places the notary's initials in the margin of the document opposite each interlineation, erasure, or change. For the notaries protection it is advised that the person signing the document also initial next to each change. What is an affidavit? 1.) A written or printed statement of facts made voluntarily and under oath or affirmation of the party making it taken before an officer who has the authority to administer an oath. 2.) It is an oath that has been put in writing and signed by the affiant What are the 5 essential parts of an affidavit? 1.) The venue i.e. State of Hawaii ) )SS-(latin abbreviation scilicent) County of Maui) 2.) The body of the affidavit. This is a sworn statement of the affiant. Example: John Doe, being first duly sworn on oath, deposes and says: 3.) The signature of the affiant 4.) The jurat, "subscribed and sworn to" Clause. In other words the notary actually witnessed the affiant's signature. 5.) The signature, seal, and commission expiration date of the notary. What are the 4 parts of an Acknowledgment? 1.) The venue