Hawaii Notary Public Exam 2024 Study Guide

What is the term of Commission - 4 years from the date of the commission unless attorney general removes notary public for cause after the opportunity for hearing What changes are required to report to the attorney general? - Commission Occupation Residence Employment What does a notary public do? - CWANTT 1. Certifying or attesting a copy. 2. Witnessing or attesting a signature. 3. Administering an oath or affirmation. 4. Noting a protest. 5. Taking acknowledgment. 6. Taking verification upon oat or affirmation. What does "Acknowledgment" mean? - Declaration by a person before a notary public for: - Person signed the document for the purpose stated in the document and did it on his/her free act and deed - If representative capacity, person signed the document with proper authority & signed it as the act of the person/entity in the document What does the general form of acknowledgment include? - 1. Venue 2. Date the notary signs 3. Statement of presence of signer (ex. "... personally appeared before me.") 4. Full name of signer - exactly the same as the document 5. Signature of signer - exactly the same as printed name 6. Statement saying person was identified (ex. "... to me known to be the person described in and who executed the document.) What is "proof of the signer's signature and identity" mean? - Notary public must have satisfactory evidence of the person appearing and signing/witnessing: Must be through the following - 1. Personal knowledge. 2. Valid government issued ID with a picture and signature, or expired no more than 3 years prior. 3. Verification on oath or affirmation of a credit witness personally appearing - must also be identified by ID or personal knowledge. What does "tamper-evident" mean? - any change to an electronic document should display evidence of the change. What does "verification on oath or affirmation" mean? - A declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true. How to qualify as a notary public? - Must be: 1. US citizen OR permanent resident alien seeking U.S. citizenship 2. Hawaii resident 3. At least 18 years old What is the official signature? - - Must sign name exactly shown as the notary's seal. - Must also add date of notary's commission expiration date. -Print name of the notary below the signature. What is required of the notary seal? - - Rubber stamp - Must only have: notary public's name, commission number, "notary public" and "State of Hawaii" - must be round, not more than 2 inches in diameter, and have uneven border. - Next to it, it needs to have: official signature, typed/printed name of notary, and commission expiration date. When and how to dispose notary seal? - - Delivery to attorney general's office for defacement or destruction within 90 days of: o Resignation o Death o Expiration of commission without renewal o Revocation o Abandonment of commission - If electronic stamp: must disable the electronic stamping by destroying, defacing, damaging, erasing, or securing it against use so that it is unusable; and must submit a declaration to the attorney general that it is disabled and the date and manner it was disabled. Must be done within 90 days Filing copy of commission - Notary public must file a literal or photo copy of - Commission - impression of the tangible seal - specimen of the person's official signature with the clerk of the circuit court where notary public resides (and may file with other circuit courts) Person's electronic seal is not subject to this requirement