HI Notary flashcards
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- Hawaii notary age requirement
- A Hawaii notary public applicant must be at least eighteen years old, a resident of the State, and of good moral character.
- Notary commission term
- A Hawaii notary public commission is for four years unless the appointment specifies a shorter term; the notary may not act after expiration.
- Notary bond amount
- Hawaii requires a notary public to file a surety bond, commonly set at one thousand dollars, conditioned on faithful performance of notarial duties.
- Oath before acting
- Before performing notarial acts, a commissioned Hawaii notary must take and file the required oath of office.
- Appointing authority
- The Hawaii Attorney General appoints notaries public for the State and administers the application, bond, and commission process.
- Notarial act definition
- A notarial act is an official act a notary is authorized to perform, such as an acknowledgment, jurat, oath, affirmation, or signature witnessing.
- Personal appearance rule
- The signer must appear before the notary at the time of the notarial act, unless the act is performed under Hawaii's remote online notarization authority.
- Identity verification methods
- A notary verifies identity by personal knowledge or satisfactory evidence, such as a government-issued photo identification or approved remote credential analysis.
- Notary's limited certification
- A notary certifies that the required notarial act was performed, not the truth, accuracy, or legal effect of the underlying document.
- Refusal to notarize
- A notary may refuse to perform a notarial act when identity, willingness, capacity, or presence cannot be satisfactorily established.
- Acknowledgment meaning
- An acknowledgment is a notarial act in which the signer appears, is identified, and acknowledges signing the document voluntarily for the stated purpose.
- Jurat meaning
- A jurat is a notarial act in which the signer appears, signs in the notary's presence, and swears or affirms the truth of the document.
- Oath versus affirmation
- An oath invokes a deity as witness to truthfulness, while an affirmation is a nonreligious promise with the same legal effect.
- Jurat signature timing
- For a jurat, the signer must sign the document in the notary's presence after or while the notary administers the oath or affirmation.
- Acknowledgment signature timing
- For an acknowledgment, the signer need not sign in the notary's presence but must personally appear and acknowledge the signature as voluntary.
- Administering oath
- The notary administers an oath or affirmation by asking the signer to swear or affirm that the statement is true.
- Official seal contents
- A Hawaii notary seal must identify the notary's name and the office of notary public for the State of Hawaii, and must be legible.
- Seal authentication
- Every notarial certificate must be authenticated by the notary's signature and official seal, applied at the time of the notarial act.
- Blank document prohibition
- A notary must never affix a signature or seal to a blank, incomplete, or unattached document that lacks a complete notarial certificate.
- Journal entry contents
- A notary journal records the date, signer, document type, notarial act, identification method, and fee for each notarial act.
- Certificate completion
- The notarial certificate must state the act performed, be completed contemporaneously, and be attached to or logically associated with the signed document.
- Electronic notarization
- Electronic notarization uses an electronic signature and seal on an electronic document while the signer appears before the notary by authorized means.
- Remote online notarization
- Remote online notarization is a notarial act performed when the signer appears before the notary by real-time audio-video communication instead of physical presence.
- RON identity proofing
- Remote notarization requires identity verification through personal knowledge or approved identification and credential analysis before the act is performed.
- RON recording retention
- A remote online notary must retain the audio-video recording and related records for the period required by Hawaii law and make them available for enforcement.
- Electronic certificate link
- An electronic notarial certificate must be linked to the electronic document in a tamper-evident manner so later alterations are detectable.
- Self-notarization prohibition
- A notary must not notarize the notary's own signature or any document in which the notary is a party or has a beneficial interest.
- Legal advice prohibition
- A notary must not explain the legal effect of a document, choose a notarial act for a party, or otherwise give legal advice.
- Unauthorized practice of law
- A notary who drafts documents, selects legal remedies, or advises parties on legal rights may be engaged in the unauthorized practice of law.
- Fee limit
- A Hawaii notary may charge only the fees authorized by statute for notarial acts and must disclose or record fees as required.
- Bond protection scope
- The notary bond protects members of the public harmed by a notary's official misconduct, up to the bond amount, but does not protect the notary.
- Enforcement authority
- The Hawaii Attorney General enforces notary laws, may investigate complaints, and may deny, suspend, revoke, or refuse to renew a commission.