The Incomplete Stamp and Sparse Journal
A Hawaii notary has been using a rubber stamp that reads: "J. Kahele, Notary Public, Honolulu." The stamp has no state name and no commission expiration date. On notarial certificates, she signs "J. Kahele" and writes the date. She keeps a notebook journal but records entries only when a signer asks for a receipt; she estimates that she has skipped about 40 notarial acts in the past year. A title company rejects a deed she notarized because the certificate lacks required information and the seal is incomplete. The notary asks how to fix the rejected deed and what her obligations are going forward.
1. Identify the defects in the notary's seal and certificate practice and explain why the title company likely rejected the deed.
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The seal is incomplete. A Hawaii notary seal must identify the notary, show that the person is a notary public, identify the State of Hawaii, and include the commission expiration date. "J. Kahele, Notary Public, Honolulu" does not show the state or expiration date, so a recipient cannot confirm the notary's authority on the document's date. The certificate is also deficient if it omits the signer's name, the act performed, the date, and the notary's name as commissioned. The signature "J. Kahele" may not match the commissioned name exactly. A title company reviewing a deed needs a complete certificate and a compliant seal to accept the notarization and record the deed.
2. What should the notary do about the already-rejected deed?
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She should not alter the existing certificate or backdate anything. She should explain the defect to the signer and, if the signer still needs the deed notarized, perform a new notarial act with a proper certificate and compliant seal. She should record the new act in her journal. She may prepare a corrected certificate only if the original notarial act was properly performed and the correction accurately reflects what happened; she must not create a new certificate that suggests she did something she did not do. If the original acknowledgment was performed, a corrected certificate may be attached, but she should consult the title company or counsel about recording requirements.
3. What journal practices must the notary follow going forward, and what are the consequences of the 40 missing entries?
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The notary should record every notarial act at the time it is performed, not only when a signer requests a receipt. A proper entry includes the date, type of act, signer's name and address, identification presented, fee charged, and the notary's signature or initials as required. Missing entries undermine the journal's evidentiary value and may violate Hawaii notarial recordkeeping requirements. She cannot reconstruct the past entries from memory and present them as contemporaneous records. She should begin a compliant practice immediately, preserve existing records, and understand that repeated failures can lead to administrative discipline and can make it harder to defend her notarizations if challenged.