Prohibited Acts, Conflicts of Interest, Penalties, and Enforcement
Prohibited conduct
A notary may not notarize the notary's own signature, a document to which the notary is a party, or a document in which the notary has a direct beneficial interest. A notary may not perform a notarial act for a spouse or close family member where Hawaii law treats that relationship as a disqualifying conflict, and may not act when the notary's independence is compromised. Other prohibitions include notarizing a blank document, certifying a copy without the original, charging unauthorized fees, using the notary title to advertise legal services, and disclosing confidential journal information except as authorized.
Conflicts of interest
The test is whether the notary can act impartially. Employment by a bank or title company is not automatically disqualifying, but the notary may not notarize a document in which the employer or notary has a financial stake in the outcome. No fee does not cure a conflict.
Penalties and enforcement
The Attorney General enforces notary law and may investigate complaints, suspend or revoke a commission, impose fines, or refer criminal matters. Unauthorized acts may be misdemeanors, and a notary may face civil liability for improper notarization. A notary who resigns or whose commission ends must stop using the seal and dispose of records as required.
Traps
Questions often suggest a notary may notarize for a relative if no fee is charged, or that a notary may notarize an employer's document simply because the notary is an employee. Both are oversimplifications; the conflict analysis controls. Worked example: A notary's spouse asks the notary to notarize a deed transferring the spouse's property. The notary should decline because of the close relationship and potential interest, and direct the spouse to another notary.