To become a Hawaii notary public, a person must meet all of the requirements listed below:
- Be 18 years of age or older
- Be a resident of the State of Hawaii
- Be a U.S. citizen or a United States permanent resident alien
- Pass a written examination
- Provide letters of jurisdiction and character
- Not have been convicted of a felony
In order to receive a Hawaii notary public commission, a person must:
- Meet the eligibility requirements
- Properly complete and submit a notary application form to the Attorney General with a filing fee of $20. Click here to download the notary application form -
- Provide a letter of justification from the applicant’s employer or, if self-employed, from the applicant explaining in detail the reasons why the commission is being sought
- Provide a letter of character by a resident of Hawaii who is not an employer or relative and who can attest to the applicant’s honesty, trustworthiness, financial integrity, and moral character
- Pass a written exam
- Pay the required filing fees of $100to obtain the original notary commission
- Provide a $1,000 notary bond to be approved by the judge of the circuit court. After approval of the bond, the bond must be deposited and kept on file in the office of the clerk of the circuit court of the judicial circuit in which the notary public resides.
- File with the clerk of the circuit court of the circuit in which the notary resides a copy of the commission, an impression of the notary seal, and a specimen of the notary’s official signature
Non-Resident Hawaii Notary:
Hawaii Notary Bond:
Required. A $1,000 notary bond is required for new and renewing notaries. The bond shall be deposited and kept on file in the office of the clerk of the circuit court of the circuit in which the notary resides.
Notary Errors & Omissions Insurance:
Optional. A notary public is liable to any person for damages that result from his or her official misconduct. The American Association of Notaries strongly recommends that Hawaiian notaries public insure themselves against claims of negligence through the purchase of Notary Errors and Omissions insurance.
A $120 filing fee is required for new and renewal notary applications--$20 to file the application and $100 for issuance of a new or renewal notary commission. Failure to pick up your commission certificate from the Attorney General within 60 days of notification is a $40 fee. A replacement commission certificate is $10.
Hawaii Notary Term:
Statewide (includes all islands and waters of Hawaii)
Notary Commission Renewal:
A notary may submit a renewal application within 60 days before the current notary commission expires. Every notary shall, in a timely manner, file with the Attorney General his or her renewal application before or on the current commission expiration date. Failure to properly process the renewal application may cause the commission to be automatically forfeited. The fee for the restoration of a forfeited commission is $80. If the notary fails to deliver the notary’s commission certificate, seal, and record books to the Attorney General within 90 days of resignation, removal from office, or expiration of the current commission without renewal, the Attorney General is prohibited from reissuance of a notary commission until the notary completes compliance.
Required. After approval of an applicant by the Attorney General, the applicant is required to take a written, closed-book examination covering statutory laws, rules, and duties that specifically apply to notaries public in Hawaii. A passing score is at least 72 points (80 percent). There will be a $25 no-show examination fee for an applicant who fails to take the scheduled notary examination without advance notice. The applicant must then submit a new application with updated support letters. An applicant who fails to pass the examination may re-take the examination within 14 days by paying the fees without submitting a new application.
Hawaii Notary Stamp/Notary Seal:
Type – either an engraved seal or rubber stamp facsimile seal
Shape – circular
Dimensions a circular form not more than two (2) inches in diameter with a serrated or milled edge border
Required elements - notary’s name, the notary’s commission number, and the words “Notary Public” and “State of Hawaii.” The notary public shall surrender the notary seal to the Attorney General within ninety days of resignation, removal from office, or the expiration of a term of office without renewal.
Note: After the loss, misplacement, or theft of a notary seal, the notary must notify the Attorney General in writing within 10 days. In the case of theft, the notary must file a report with the appropriate law enforcement agency and provide the Attorney General with a copy of the report. A notary’s failure to notify the Attorney General in writing within 10 days of the loss, misplacement or theft of the notary’s seal is a $25 fee.
Required. A notary shall record all transactions in a record book. The record book shall be bound with a soft cover and shall not exceed eleven inches in height and sixteen and one-half inches in width when fully opened. The pages of the record book shall be consecutively numbered. The notary shall provide and print legibly on the information page of each record book the notary’s name, business address, commission number, commission expiration date, the book number, and the beginning and ending dates of the notarial acts recorded in that book. The notary must always print legibly his or her name on the top left corner and commission number on the top right corner of each set of pages of transactions in each record book. The record book must be deposited with the Attorney General within 90 days of the notary’s commission expiration date. Failure to deposit the notary’s record book with the Attorney General within 90 days will result in the suspension of the notary’s commission until the Attorney General receives the notary’s record books from the prior commission term. To order a Hawaii notary record book, please contact us by calling (800) 721-2663 or visit our website at www.usnotaries.com
Note: After the loss, misplacement, or theft of a notary record book, the notary must notify the Attorney General in writing with 10 days. In the case of theft, the notary must file a report with the appropriate law enforcement agency and provide the Attorney General with a copy of the report. A notary’s failure to notify the Attorney General in writing within 10 days of the loss, misplacement, or theft of the notary’s record book is a $25 fee.
Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:
- Acknowledgments - $5.00
- Oaths and affirmations - $5.00
- Jurats - $5.00
- Depositions - $5.00
- Protests - $5 plus $5 per notice w/certified copy
A Hawaiian notary has the authority to:
- Take acknowledgments
- Administer oaths or affirmations
- Witness the signing of documents
- Attest to the identity of the signer
- Protest instruments
- Certify copies of non-recordable documents
- Perform other acts permitted by law
The State of HawaiiAttorney General has not enacted/adopted statutes, rules, and/or procedures for electronic notarizations. However, Hawaii has enacted the Uniform Electronic Transaction Act, Hawaii Revised Statutes, Chapter 489E,authorizing a notary’s electronic signature.
Required. A notary must notify the Attorney General in writing within 30 days of a change in residence and/or business addresses. An address change shall include the old and new address of the residence or business and the effective date of the change. Click here to download the change of address form http://hawaii.gov/ag/notary/quicklinks/forms/
. Processing a change of employer, residential or business address, or telephone number requires a $10 fee. If a notary fails to notify the Attorney General in writing within 30 days of a change of name, employer, residence, business address, telephone number, or occupation, he or she will be fined $25 per occurrence. If a notary fails to provide written notification to the Attorney General of a change of address, and that failure results in the mailing of renewal forms to an incorrect address, the notary will be subject to a $50 fee.
Required. A notary must notify the Attorney General in writing within 30 days of a name change. A name change shall include the old and new names, the effective date of the name change, and a copy of the legal document regarding the new name. Click here to download the name change form http://hawaii.gov/ag/notary/quicklinks/forms/
. A notary’s failure to notify the Attorney General in writing within 30 days of a change of name will result in a $25 fee.
Within 90 days of resignation, removal from office, death, or expiration of a term with renewal, the notary shall surrender the notary commission, notary seal, and notary record book to the Attorney General.
A notary public may not:
- Prepare, draft, select, or give legal advice in regard to the preparation of a legal document or form
- Perform acts that constitute the practice of law
- Overcharge for notary public services
- Notarize a document without the signer being in the notary’s presence
- Notarize a document written in a foreign language that he or she cannot understand
- Notarize a document written in English if the signer speaks a foreign language
- Notarize the signature of a signer who is blind, senile, a minor, a person of unsound mind, or one who does not understand the nature or importance of the document
- Notarize his own signature
- Allow another individual to perform a notarial act on his behalf
- Notarize a document if the notary is individually a party to the instrument
- Perform an official act in which the notary has a financial or beneficial interest
A notary who willfully and knowingly breaches his official duty is liable to the one injured thereby. A notary is also liable for a negligent performance of duty resulting in an injury. In the event of a breach of notarial duties, the notary may also be subject to criminal liability. For example, a notary could be found guilty of the following:
- Extortion - the wresting of anything of value from another by duress, menace, force, or by any undue exercise of power
- Forgery - the fraudulent making or altering of writing with the intent to deceive another and prejudice him in some right
- Perjury - making, in an official proceeding, under an oath required or authorized by law, a false statement that the person does not believe to be true
- Subornation - the willful and corrupt procuring of another to commit perjury
to view your state's notarial certificates.