HI Notary key terms

A person commissioned by the state to serve as an impartial, disinterested official witness who performs notarial acts such as acknowledgments, jurats, oaths, and affirmations for members of the public.

The official grant of authority from the state that empowers a person to act as a notary public, usually for a fixed term and subject to compliance with state law.

The state official or office that reviews notary applications, issues commissions, maintains notary records, investigates complaints about notaries, and may impose discipline.

The formal request a person files with the state seeking a notary commission, containing identifying information, qualification disclosures, endorsements, and any required fee or bond paperwork.

A financial guarantee a notary must obtain that protects the public from losses caused by the notary's official misconduct; it is not insurance covering the notary's own losses.

A sworn promise, taken in connection with receiving the commission, that the notary will faithfully and impartially perform official duties and obey the laws governing notaries.

The fixed period during which a notary's authority remains valid; the notary may not perform notarial acts before the start date or after the expiration date shown on the commission.

The process of obtaining a new notary commission when the current term ends or is about to end, which generally requires a fresh application, bond, and oath.

A notary's voluntary ending of the commission by notifying the commissioning authority in writing, after which the person must stop performing notarial acts and properly dispose of official materials.

Any official act that state law authorizes a notary to perform, such as taking an acknowledgment, administering an oath or affirmation, witnessing a signature, or completing a jurat.

A notarial act in which a signer personally appears before the notary and states that the signature on the document is the signer's own, voluntarily made for the purposes stated in the document.

A notarial certificate stating that the signer personally appeared before the notary, swore or affirmed to the truthfulness of the document's contents, and signed in the notary's presence.

A solemn promise made before a notary or other authorized official, in which the person calls upon a higher power or their own conscience to attest to the truth of a statement or promise.

A solemn declaration made under penalty of perjury by a person who chooses not to swear an oath; it carries the same legal weight as a sworn statement.

The person who makes a sworn statement or takes an oath or affirmation before a notary, typically signing a document that the notary then certifies by jurat.

The person whose signature is being notarized, who must appear personally before the notary and be identified before the notarial act is completed.

The identification a notary relies on to confirm a signer's identity, such as a current government-issued photo identification, the notary's personal knowledge, or a credible witness's sworn statement.

An impartial person who personally knows the signer and, under oath or affirmation, vouches for the signer's identity to the notary when acceptable documentary identification is not available.

The notary's own familiarity with a signer, built through dealings over a period of time, that gives the notary reasonable certainty about who the signer is.

The role in which a signer acts for another person or entity, such as a corporate officer, trustee, attorney-in-fact, or guardian; the notary should record this capacity in the certificate.

The required device, usually an inked stamp, that the notary applies near the signature to authenticate the notarial act and to identify the notary and the commission.

The specific information a notary seal must display under state law, typically including the notary's name, the title Notary Public, the state name, and the commission expiration date.

The written statement completed and signed by the notary, appearing on or attached to the document, that records what act was performed, when, where, and for whom.

The geographic location, usually the state and county, stated in the notarial certificate to show where the notarial act actually took place.

A chronological record, kept in a bound book or approved electronic format, in which the notary logs each notarial act performed and which serves as a permanent official record.

The individual record of one notarial act, documenting details such as the date, the signer's name and address, the identification presented, and the type of act performed.

The notary's duty to keep the official seal and records under personal control, prevent unauthorized use, and dispose of or surrender them properly when the commission ends.

Performing a notarial act on a digital document, where the notary applies an electronic signature and electronic seal instead of ink and a physical rubber stamp.

A notarial act performed when the signer is not physically present with the notary, using audio-video technology and identity proofing to satisfy the personal appearance requirement.

Real-time, two-way electronic communication that lets the notary and the signer see and hear each other during a remote notarial act, and that may be recorded and retained.

The process used in remote notarization to verify a signer's identity, often through credential analysis, knowledge-based questions, or review of a government-issued photo identification over video.

A digital rendering of the notary's official seal attached to an electronic document, containing the same required information as a physical stamp and linked to the notary's electronic signature.

Software or security features that reveal any change made to an electronically notarized document after the notarial act, helping preserve the integrity of the notarized record.

Actions a notary is forbidden to take, such as notarizing the notary's own signature, using the seal for personal gain, or certifying an act without the signer's personal appearance.

A personal stake in the document or transaction, such as being a party, a beneficiary, or a close relative of the signer, that prevents the notary from acting impartially.

Giving legal advice, selecting or drafting documents, or explaining a document's legal effect, all of which a notary may not do while serving the public.

The prohibited use of titles, signs, or advertisements suggesting the notary holds legal powers or qualifications beyond those of a notary public, which can mislead the public.

Consequences imposed by the commissioning authority or the courts for notary misconduct, which may include reprimand, suspension, revocation, civil liability, or criminal prosecution.