Backdating After the Commission Expires
A Hawaii notary's four-year commission expires on June 30. On July 5, a neighbor asks her to notarize a school permission slip for a field trip. The neighbor says the form was due June 28 and asks the notary to "put June 28 on it" so it looks timely. The notary still has her seal and journal, and she has not received any notice that her commission was renewed. She has not been asked to surrender her seal. She is unsure whether her commission automatically renews, whether she can notarize as a favor, and what date to write. She considers backdating the certificate to help the neighbor.
1. May the notary perform the notarization on July 5? What is the effect of the June 30 expiration date?
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No. A notary commission authorizes notarial acts only during the term of the commission. Once the commission expires on June 30, the person no longer holds notarial authority unless and until a new commission is issued. The absence of a surrender request does not extend authority, and possession of the seal does not create authority. Performing a notarization on July 5 would be an unauthorized act, even for a neighbor and even for a school form. She should decline and refer the neighbor to a currently commissioned notary.
2. What is wrong with backdating the certificate to June 28, and what are the consequences?
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Backdating is false. The certificate would state that the notarial act occurred on a date when it did not, and on June 28 the notary may have had authority, but the signer did not appear then. A notary must record the actual date of the act. Falsifying a notarial certificate can expose the notary to administrative penalties, including revocation or suspension, civil liability, and potential criminal liability for false statements. It also harms the recipient, who may rely on a document that was not actually notarized when it appears to have been. The notary should not backdate, alter the form, or pre-sign a certificate.
3. What should the notary do about her seal, journal, and possible renewal?
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She should stop performing notarial acts immediately. She should check with the commissioning authority about renewal or a new application and should not assume automatic renewal. She should secure her seal and journal so they cannot be misused, and follow any instructions about returning or destroying the seal. She should not use the seal on any document until she is again commissioned. If she is later commissioned, she should use a new or updated seal reflecting the new commission term and expiration date, and she should keep complete journal records for all future acts.