How to Become a Notary in Hawaii

How do I renew my notary commission in Hawaii?

The Department of the Attorney General will send out a renewal notice approximately sixty days before your notary commission expiration date.

The failure to renew your commission on time shall cause the commission to be forfeited. A forfeited commission may be restored by the attorney general within one year after the date of forfeiture upon compliance with the commission renewal requirements provided by law and upon written application and payment of all applicable fees [§456-1(b)].

The renewal application process is the same as for the initial appointment as a notary public, but the exam is not required. You may begin the renewal process before your commission expiration date by clicking on “Start Renewal Application” on the Department of the Attorney General’s website at https://notary.ehawaii.gov/notary/public/renewal.html.

Who appoints notaries in Hawaii?

The Hawaii Department of the Attorney General receives applications for appointment and reappointment as a notary public, processes the applications for remote online notaries public, and administers the commissioning process.

The Hawaii Department of the Attorney General can be contacted at:

Department of the Attorney General
Notary Public Office
425 Queen Street
Honolulu, HI 96813
(808) 586-1216
https://ag.hawaii.gov/notaries-public/

Can a non-resident of Hawaii apply for a commission as a notary public?

No. A person who is not a resident of the State of Hawaii does not qualify for a Hawaii notary public commission.

How long is a notary public's commission term in Hawaii?

The commission term of a Hawaii notary public is four years commencing with the date specified on the commission certificate. However, a notary’s commission may be rendered void:

1. By resignation, death, or revocation.
2. When a notary public is no longer a resident of Hawaii during the notary’s commission term.
3. When a notary loses the ability to read, write, or speak the English language.
4. When a notary has been convicted of a felony or misdemeanor related to the qualifications, functions, or duties of a notary public or involving theft, fraud, dishonesty, or false statement.

Is notary training or an exam required to become a notary or to renew a notary commission in Hawaii?

Only new applicants for a Hawaii notary public commission must take and pass an examination as prescribed by the attorney general (HAR §5-11-32). Renewing notary applicants are exempt.

After your notary public application is approved by the attorney general, you must log in to your notary account to schedule an exam with the notary exam scheduler. An exam notification letter will be emailed to you. This letter will contain your examination date, time, and location. The written, closed-book examination will cover the statutory laws and administrative rules that apply to notaries public, practical aspects of a notary’s practice, and a notary’s duties and responsibilities. The minimum passing score is 80 percent. You will be notified of the examination results within thirty days. The examination fee is $10, but there is a range of fees and penalties for those applicants who do not take the examination as scheduled.

If you fail to attain a passing score, you may re-take the exam without submitting a new application, provided that you request re-examination, pay the examination fee, and reschedule a re-examination within fourteen calendar days from the date of the notification of your failure to attain a passing score on the first examination. If you fail to request, pay for, and reschedule a re-examination within fourteen calendar days, you must submit a new application and pay the applicable application and examination fees. If you fail the examination twice, you must wait ninety days from the last examination date to reapply for a notary public commission.

To schedule an examination with the Department of the Attorney General’s Online Notary Public, go to https://notary.ehawaii.gov/notary/applicant/notary-scheduler.html.

How much does it cost to become a notary public in Hawaii?

To become a notary in Hawaii, you must:

1. Pay a $20 application fee to process your notary application.
2. Pay a $10 fee to take the examination.
3. Pay a $25 no-show examination fee if you fail to show up for the examination without advance notice.
4. Pay a $20 fee to reschedule less than forty-eight hours before the examination or $15 to reschedule more than forty-eight hours before the examination.
5. Pay a $100 fee for the issuance of a new or renewal notary commission.
6. Purchase a $1,000 surety bond.
7. Buy a notary stamp.
8. Buy a record book (notary journal).
9. Pay the fee charged by the circuit court clerk for filing the copy of your commission.
10. Order an errors and omissions insurance policy to protect yourself if a false claim is filed against you, or you are sued for unintentional mistakes as a notary. (This step is optional.)

Do I need a notary errors and omissions (E&O) insurance policy to become a notary in Hawaii?

A notary errors and omissions (E&O) insurance policy is optional in Hawaii and is not required to become a Hawaii notary public or to renew your notary commission. However, the American Association of Notaries strongly recommends that every Hawaii notary obtain a notary E&O insurance policy. This insurance protects you from a claim if a client sues you as a notary. A notary E&O policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage you select as a Hawaii notary public.

Do I need a notary bond to become a notary in Hawaii?

Yes. An official surety bond in the amount of $1,000 is required for new and renewing notaries public. Each bond shall be approved by a judge of the circuit court. The surety on any such bond or bond continuation certificate shall be a surety company authorized to do business in the state of Hawaii. After approval, the bond or bond continuation certificate shall 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.

Do I need to order a notary stamp in Hawaii?

Yes. The Hawaii notary statute requires all notaries public to keep a rubber stamp notary seal to authenticate all official acts, attestations, certificates, and instruments (HRS §456-3). HRS Section 456-3 and Section 5-11-5 of the Hawaii Administrative Rules provide the legal specifications regarding the layout and the information required on all official notary seals.

Dimensions: The official seal of every notary public must be circular, between one inch and two inches in diameter, and have a serrated or milled edge border.

Required Elements: The official notary seal must clearly show, when stamped or impressed upon a tangible document, or when attached to or logically associated with an electronic document, the following elements:

• The name of the notary public
• The notary’s commission number
• The words “Notary Public”
• The words “State of Hawaii”

Important:

• You are not allowed to possess more than one rubber stamp notary seal at a time
• The notary seal must be capable of being copied together with the document on which it is stamped or impressed, to which it is attached, or with which it is logically associated
• You must surrender the rubber stamp notary seal to the attorney general within ninety days of resignation from, or revocation or abandonment of a commission, or upon the expiration of a commission without renewal

To order a Hawaii notary stamp, complete notary package, and notary supplies, please visit the American Association of Notaries website at https://www.notarypublicstamps.com/notary-stamps/hawaii.

How much can a Hawaii notary public charge for performing notarial acts?

Hawaii notary fees are set by state notary statute (HRS §456-17). The maximum allowable fees that a Hawaii notary public may charge for notarial acts are as follows:

1. For noting the protest of mercantile paper: $5.
2. For each notice and certified copy of protest: $5.
3. For noting any other protest: $5.
4. For every notice thereof and certified copy of protest: $5.
5. For every deposition or official certificate: $5
6. For the administration of an oath, including the certificate of the oath: $5; for affixing the certificate of the oath to every duplicate original instrument beyond four: $2.50.
7. For taking any acknowledgment: $5 for each party signing; for affixing to every duplicate original beyond one of any instruments acknowledged before the notary public, the notary public's certificate of the acknowledgment: $2.50 for each person making the acknowledgment.
8. For any of the foregoing notarial acts performed for a remotely located individual under HRS §456-23 other than affixing a notary public's certificate to a duplicate original: $25.

Is a notary journal required in Hawaii?

Yes. The Hawaii notary statute requires a notary public to maintain a journal (record book) to chronicle all notarial acts performed (HRS §456-15). A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only one tangible journal at a time to chronicle all notarial acts performed regarding tangible documents and one electronic journal at a time to chronicle all notarial acts performed regarding electronic documents.

A journal must be a permanent, bound register with numbered pages if it is maintained in a tangible medium. If a journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules adopted by the attorney general pursuant to Chapter 456. Section 456-15 of the Hawaii Revised Statutes, which prescribe the notarial specifics required for each entry in a notary’s journal.

Hawaii notaries must retain their journals for ten years after the performance of the last notarial act chronicled [HRS §456-15(a)]. The attorney general may impose and collect an administrative fine no less than $50 and no more than $500 for failing to retain the notary journal for ten years after the performance of the last notarial act chronicled. If a notary public's journal is lost or stolen, the notary public shall promptly notify the attorney general upon discovering that the journal is lost or stolen.

To order a Hawaii notary journal, please visit the American Association of Notaries website at https://www.notarypublicstamps.com/record-book/hawaii.

Where can I perform notarial acts in Hawaii?

You may perform notarial acts while you are physically anywhere within the geographic borders of the state of Hawaii.

What notarial acts can a Hawaii notary public perform?

A Hawaii notary public is authorized to perform the following notarial acts whether with respect to a tangible or electronic record (HRS §456-1.6):

1. Take an acknowledgment.
2. Administer an oath or affirmation.
3. Take a verification upon oath or affirmation.
4. Witness or attest a signature.
5. Note a protest of a negotiable instrument.
6. Certify or attest a copy.

Can I perform electronic notarizations in Hawaii?

No. The Hawaii Department of the Attorney General has not yet adopted or published regulations that establish standards, guidelines, and procedures for in-person electronic notarizations.

Can I perform remote online notarizations in Hawaii?

Yes. The Hawaii Administrative Rules for 2022 to perform remote notarizations were approved on February 17, 2022 by the attorney general and went into effect on April 27, 2022. If you wish to perform or advertise or represent yourself as a remote online notary, you must be commissioned as a remote online notary public by the attorney general.

If you perform notarial acts for remotely located individuals using communication technology, you must comply with the rules and standards adopted by the attorney general.

How do I become a remote online notary in Hawaii?

You may apply with the Hawaii Department of the Attorney General to be commissioned as a remote online notary public in the manner provided by Hawaii Administrative Rules Chapter 7 and HRS §456-24.

You can qualify to be commissioned as a remote online notary public by:

1. Satisfying the qualification requirements for commission as a notary public under HRS Chapter 456.
2. Submitting to the attorney general an application (in the form prescribed by the attorney general) that establishes your qualifications.
3. Providing a description of the technologies and devices that you intend to use to perform remote online notarizations on the application.
4. Providing a statement that the technologies named in the application are fully compliant with HRS Chapter 456 on the application.
5. Paying the $20 application fee pursuant to HRS §456-24(c).
6. Scheduling a remote online notary examination, paying the $10 fee, and passing the written examination.
7. Paying a $100 fee for your remote online notary commission.
8. Obtaining a $1,000 surety bond for your remote online notary commission.
9. Submitting a tangible copy of your electronic seal and electronic signature to the attorney general.
10. Filing the original surety bond and a literal or photostatic copy of your commission with the clerk of the circuit court of the circuit in which you reside within thirty days of the receipt of your commission.

As a remote online notary public, you must maintain an electronic journal in which you chronicle all remote online notarizations. For additional information regarding the application process for the authorization to perform remote notarizations, visit the Department of the Attorney General’s website at http://ag.hawaii.gov/notaries-public/.

Do I need an electronic notary stamp to notarize electronically in Hawaii?

Yes. The Hawaii notary statute dictates that if a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in this section, an official stamp shall be attached to or logically associated with the certificate (HRS §456-21). HRS Section 456-3 and Section 5-11-5 of the Hawaii Administrative Rules provide the legal specifications regarding the layout and the information required on all official notary seals.

Dimensions: The official seal of every notary public must be circular, not over two inches in diameter, with a serrated or milled edge border.

Required Elements: The official notary seal must clearly show, when stamped or impressed upon a tangible document, or when attached to or logically associated with an electronic document, the following elements:

• The name of the notary public
• The notary’s commission number
• The words “Notary Public”
• The words “State of Hawaii”

Note.  Upon resignation, death, or expiration of the term of commission without renewal, or revocation or abandonment of the commission, the notary public (or his or her representative) must disable the electronic stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. The notary public who used an electronic stamping device must submit a declaration to the Attorney General that the electronic stamping device was disabled and state the date and manner in which it was disabled (HRS §456-3).

How do I update my address on my Hawaii notary commission?

Each Hawaii notary public must file the notary public’s employer, residence and business addresses, telephone numbers, and occupation with the Department of the Attorney General (HAR §5-11-10). Notaries public must notify the Attorney General of any change, in writing, within thirty days of the change. If there is a change in the notary public’s residence and/or business address, the notice must state the old and new addresses of the notary public’s residence or business and the effective date of the notary public’s address change.

Failure to provide written timely notification to the Attorney General of any change shall subject the notary public to a $25 administrative fine. Failure to provide written timely notification to the Attorney General of any change of address that results in renewal forms being mailed to an incorrect address shall subject the notary public to a $50 administrative fine. To update a notary public’s information, visit the Hawaii Department of the Attorney General’s website: http://ag.hawaii.gov/notaries-public/notaries-public-documents/notary-public-forms/.

How do I change my name on my notary commission in Hawaii?

Each Hawaii notary public shall notify the Attorney General, in writing, of a name change and file his or her new name with the Attorney General within thirty days of the name change. The name change notice from the notary public must state the old and new names and the effective date of the notary public’s name change. The notice must also include a copy of the legal documentation recording the name change and the new signature of the notary public. Failure to provide written timely notification to the Attorney General of any change shall subject the notary public to a $25 administrative fine. To download the Notary Name Change Form, go to http://ag.hawaii.gov/notaries-public/notaries-public-documents/notary-public-forms/.

Revised:

November 2020