Hawaii Notary Exam: Questions, Answers, and Notary Public Duties, Exams of Local Government Studies

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Hawaii Notary Exam Questions and Answers

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Notary Public is a public officer whose functions include:

1. administering oaths
2. witnessing the signing of documents
3. attesting to the identity of the signers of the document
4. noting protests
5. taking acknowledgments of documents Government Notary performs notarial services pertaining to the business of the government In Hawaii, to be eligible for a notary public commission, the applicant must be:

1. A United States citizen, or a national or permanent resident alien of the U.S. who diligently seeks citizenship upon becoming eligible to apply for U.S. citizenship
2. A Hawaii resident
3. At least 18 years old Appointment and Tenure 1)The Attorney General may, in the Attorney General's discretion, appoint and commission such number of notaries public for the State as the Attorney General deems necessary for the public good and convenience. 2)The term of office of a notary public shall be four years from the date of the notary's

commission Renewal Each notary public shall be responsible for _______ the notary public's commission on a timely basis and satisfying the _______ requirements provided by law Notarial Seal engraved seal of office or a rubber stamp facsimile seal which shall be circular, not over two inches in diameter, with a serrated or milled edge border and clearly show, when embossed, stamped, or impressed upon a document, the notary's name and commission number, and the words "notary public" and "State of Hawaii" Official Signature

1. A notary must sign in the same manner as it appears on the notary's seal
2. the date of expiration of the notary's commission
3. typed or legibly printed name of the notary below the notary's signature Filing Copy of Commission after being commissioned, must forthwith file a photocopy of the notary's commission, an impression of the notary's seal, and a specimen of the notary's official signature with the clerk of the circuit court of the circuit in which the notary resides

Authentication any clerk, when requested, shall certify to the official character and acts of any such notary whose commission, impression of seal, and specimen of official signature are on file with the clerk's office Official Bond Each notary public forthwith and before entering upon the duties of the notary's office shall execute, at the expense of the notary or the notary's company, an official surety bond which shall be in the sum of $1, Notarial Record Book

1. The type, date, and time of day of the notarial act;
2. The title or type and date of the document or proceeding;
3. The signature, printed name, and address of each person whose signature is notarized and of each witness;
4. Other parties to the instrument; and
5. The manner in which the signer was identified. All copies or certificates granted by the notary shall be under the notary's hand and notarial seal, and shall be received as evidence of such transactions. information page

1. the notary public's name
2. business address
3. commission number & commission
4. expiration date
5. the book number
6. and the beginning and ending dates of the notarial acts recorded in that book. Disposition of Notarial Record Books The records of each notary public shall be deposited with the Attorney General upon the resignation, death, expiration of each term of office, or removal from or abandonment of office Notary Public "public officer whose function is to attest and certify, by the notary's hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions, to take acknowledgments of deeds and other conveyances, and certify them, and to perform certain official acts, chiefly in commercial matters." Why Documents Are Notarized A document is notarized in order to protect persons signing an important document. It assures the parties to an agreement that this particular document and no other is the authentic document which is intended to be given full force and effect.

Protest a "formal declaration made by a person in interest or concerned in some act about to be done, or already performed, whereby the person expresses the person's dissent or disapproval, or affirms the act against the person's will Obligations and Limitations As a general rule, a notary public cannot certify to, or act in, a matter in which the notary has a personal interest. 66 C.J.S. Notaries § 14. A notary should never, under any circumstances, notarize the notary's own signature. Civil and Criminal Liability A notary who willfully and knowingly breaches the notary's official duty may be liable to one injured as a result. A notary may be also liable for a negligent performance of duty resulting in an injury Extortion the wresting of anything of value from another by duress, force, or by any undue exercise of power. Forgery the fraudulent making or altering of a writing, with the intent to deceive another and prejudice the person in some right

Perjury making, in an official proceeding, under an oath required or authorized by law, a false statement which the person does not believe to be true Subornation the willful and corrupt procuring of another to commit perjury notary certification

1. Date of notarization and signature of the notary public;
2. The printed name and stamp or seal of the notary public;
3. Identification of the jurisdiction in which the notarial act is performed;
4. Identification or description of the document being notarized, placed in close proximity to the acknowledgment or jurat; and
5. A statement of the number of pages and date of the document Jurisdiction A notary public commissioned in the State of Hawaii can only perform the notary's duties in the State of Hawaii and not in another state or country. Date of Notarial Act The notary must indicate on the notarized document the ____ of the notary's notarial act. This is a very important ____ and the notary should always be certain that the notary is inserting the correct ___. In Hawaii, it is permissible to perform notarial services on a Sunday or a holiday

Changes on Document Before notarizing any document, the notary public should inspect the document and ascertain whether there are interlineations, erasures, or other ______ Oath/Affirmation a notarial act or part of a notarial act in which a person made a vow in the presence of the Notary under penalty of perjury, with reference to a supreme being in the case of an oath affidavit a written or printed statement of facts, made voluntarily, and under oath or affirmation of the party making it, taken before an officer who has authority to administer an oath. affidavit an oath that has been put in writing and signed by the affiant venue the place where the notary is performing the notarial act body of the affidavit is the sworn statement of the affiant jurat

the portion of the affidavit commonly referred to as the "subscribed and sworn to" clause. It is the notary's statement that the affiant appeared before the notary on a certain day, took the oath, and signed the statement; in other words, that the notary actually witnessed the affiant's signature. acknowledgement a formal declaration before an authorized official by a person who has executed a formal or legal written document that the execution of the document was the person's free act and deed. Testimonium Clause "In witness whereof, I have hereunto set my hand and official seal." Notary Certificate "every acknowledgment or jurat shall be evidenced by a ______ signed and dated by a notary public". The ______ shall include:

1. The printed name of the notary;
2. The official stamp or seal of the notary;
3. The signature of the notary;
4. The identification of the jurisdiction in which the notarial act is performed;
5. The identification or description of the document being notarized, which shall be in close proximity to the acknowledgment or jurat;
6. The number of pages of the document;

7. The date of the document; and
8. The date of the ________. Notaries Public Revolving Fund There is established in the state treasury the ____ _____ ______ _____ into which shall be deposited:
9. All fees, charges, or other payments received pursuant to HRS § 456-9;
10. Penalties and fines for violations of HRS §§ 456-3, 456-7, or 456- 1 6;
11. Appropriations made for deposit into the ___ ___ ___ ____; and
12. Interest earned on money in the ______ _______ _____ _____. Powers and duties of the attorney general (1) Issue notary public commissions to applicants pursuant to this chapter; (2) Adopt, amend, or repeal rules pursuant to chapter 91; (3) Suspend or revoke any commission for any cause prescribed by this chapter or for any violation of the rules adopted pursuant to this chapter, and refuse to issue any commission for any cause that would be grounds for suspension or revocation of a commission; and (4) Impose administrative fines for any cause prescribed by this chapter or for any violation of the rules adopted pursuant to this chapter. copies as evidence All copies or certificates granted by the notary shall be under the notary's hand and notarial seal, and shall be received as evidence of such transactions Notarial Record Book

(1) The type, date, and time of day of the notarial act; (2) The title or type and date of the document or proceeding and the nature of the act, transaction, or thing to which the document relates; (3) The signature, printed name, and address of each person whose signature is notarized and of each witness; (4) Other parties to the instrument; and (5) The manner in which the signer was identified. Government notary shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States. Apostille certification/legalization of a document for international use (under terms of the 1961 Hague Convention). Apostille certify only that a document has been signed by, and bears the seal and stamp of, a duly commissioned Notary Public of the State of Hawaii OR was certified by the appropriate custodian of records (e.g. Court Clerk) affidavit first duly sworn

jurat subscribed and sworn acknowledgement free act and deed Things you cannot notarize birth certificate, marriage certificate, passport Alter to change by means of erasure, obliteration, deletion, insertion of new content, or transposition of content Personally knowing having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty Proof of the signer's signature and identity proof evidenced by production of a current identification card or document issued by the United States, this State, any other state, or a national government that contains the bearer's photograph and signature ACT 175: Relating to Fraud Prevention

to deter the commission of crimes against people and property by the use of fraudulent notarized documents by comprehensively strengthening the notary public laws relating to the authentication of certified statements acknowledgement

1. The venue.
2. The date of the notarial act, which is the date the notary signs the acknowledgment.
3. The body, which includes: a statement relative to the presence of the signer. the identity of the signer or signers identification of the signer a statement of voluntary(free act & deed)
4. Testimonium Clause Affidavit
5. The venue. The venue is the place where the notary is performing the notarial act.
6. The body. This is the sworn statement of the affiant.
7. The signature of the affiant.
8. The jurat. This is the portion of the affidavit commonly referred to as the "subscribed and sworn to" clause.
9. The signature, seal, and commission expiration date of the notary Persons Who Are Unable To Sign "Signature affixed by notary pursuant to section

456 - 19, Hawaii Revised Statutes." beneath the signature, and if a doctor's written certificate is provided to the notary certifying that the person is unable to physically sign or make a mark because of the disability, and that the person is capable of communicating the person's intentions. Oath "a solemn pledge or promise made by a person (often called the affiant) with an appeal to God, or a Supreme Being, to attest to the truth of the person's words." affirmation "a solemn statement or declaration made as a substitute for a sworn statement by a person whose conscience will not permit the person to swear at all." deposition the written testimony of a witness given in the course of a judicial proceeding, either at law or in equity, in advance of the trial or hearing upon oral examination or in response to written interrogatories and where an opportunity is given for cross-examination protest formal declaration made by a person in interest or concerned

in some act about to be done, or already performed, whereby the person expresses the person's dissent or disapproval, or affirms the act against the person's will fees for notarial services charges for official services must be limited to the prescribed fees. An overcharge is deemed to be a violation of law. The notary may make further charges for unofficial services, but the charging of a round sum for notarial and other services together is not permissible. A notary may charge less than the statutory fees for the notary's acts.