Questions and CORRECT Answers
What is the term of Commission - CORRECT ANSWER - 4 years from the date of the commission unless attorney
general removes notary public for cause after the opportunity for hearing
What changes are required to report to the attorney general? - CORRECT ANSWER - Commission
Occupation
Residence
Employment
What does a notary public do? - CORRECT ANSWER - CWANTT
1. Certifying or attesting a copy.
2. Witnessing or attesting a signature.
3. Administering an oath or affirmation.
4. Noting a protest.
5. Taking acknowledgment.
6. Taking verification upon oat or affirmation.
What does "Acknowledgment" mean? - CORRECT ANSWER - Declaration by a person before a notary public
for:
- Person signed the document for the purpose stated in the document and did it on his/her free act and deed
- If representative capacity, person signed the document with proper authority & signed it as the act of the person/entity in
the document
What does the general form of acknowledgment include? - CORRECT ANSWER - 1. Venue
2. Date the notary signs
3. Statement of presence of signer (ex. "... personally appeared before me.")
4. Full name of signer - exactly the same as the document
5. Signature of signer - exactly the same as printed name
6. Statement saying person was identified (ex. "... to me known to be the person described in and who executed the
document.)
What is "proof of the signer's signature and identity" mean? - CORRECT ANSWER - Notary public must have
satisfactory evidence of the person appearing and signing/witnessing:
Must be through the following -
1. Personal knowledge.
2. Valid government issued ID with a picture and signature, or expired no more than 3 years prior.
3. Verification on oath or affirmation of a credit witness personally appearing - must also be identified by ID or personal
knowledge.
What does "tamper-evident" mean? - CORRECT ANSWER - any change to an electronic document should display
evidence of the change.
What does "verification on oath or affirmation" mean? - CORRECT ANSWER - A declaration, made by a person
on oath or affirmation before a notary public, that a statement in a document is true.
How to qualify as a notary public? - CORRECT ANSWER - Must be:
1. US citizen OR permanent resident alien seeking U.S. citizenship
2. Hawaii resident
3. At least 18 years old
What is the official signature? - CORRECT ANSWER - - Must sign name exactly shown as the notary's seal.
- Must also add date of notary's commission expiration date.
-Print name of the notary below the signature.
What is required of the notary seal? - CORRECT ANSWER - - Rubber stamp
, - Must only have: notary public's name, commission number, "notary public" and "State of Hawaii"
- must be round, not more than 2 inches in diameter, and have uneven border.
- Next to it, it needs to have: official signature, typed/printed name of notary, and commission expiration date.
When and how to dispose notary seal? - CORRECT ANSWER - - Delivery to attorney general's office for
defacement or destruction within 90 days of:
o Resignation
o Death
o Expiration of commission without renewal
o Revocation
o Abandonment of commission
- If electronic stamp: must disable the electronic stamping by destroying, defacing, damaging, erasing, or securing it
against use so that it is unusable; and must submit a declaration to the attorney general that it is disabled and the date and
manner it was disabled.
Must be done within 90 days
Filing copy of commission - CORRECT ANSWER - Notary public must file a literal or photo copy of
- Commission
- impression of the tangible seal
- specimen of the person's official signature
with the clerk of the circuit court where notary public resides (and may file with other circuit courts)
Person's electronic seal is not subject to this requirement
What is authentication? - CORRECT ANSWER - County clerk verifies notary commission on file.
- Usually required when a document notarized by a local notary public is sent to another state or country
- Proves to the state/country that the notary is duly commissioned
What is the official bond? - CORRECT ANSWER - - Execute at own expense an official surety bond in the sum of
$1000
- Must be approved by a circuit court judge where the notary resides
- Obligee: State
- Condition: notary public will perform all duties and follow law
- Must be through a surety company authorized to do business in state
- Must be filed with the circuit court
What is unauthorized practice as a notary public? - CORRECT ANSWER - In order to do work a notary public,
you must:
- be commissioned
- file a copy of the commission, impression of seal and official signature to the circuit court
- have an official surety bond
What is noting a protest? - CORRECT ANSWER - A formal declaration where a person disapproves all or part of
a document.
- All person disapproving must sign all parts in the document that they disapprove.
- Notary must record the protest.
What is administering oath or affirmation? - CORRECT ANSWER - Verbal pledge that statements are true.
Oath - spoken pledge to God and uses the word "swear" in the pledge.
Affirmation - spoken pledge without reference to God and uses the word "affirm."
What is an affidavit? - CORRECT ANSWER - Written statement of facts, made voluntarily, and under oath or
affirmation.
What is required in an affidavit? - CORRECT ANSWER - 1. Venue - place where notary performs the notarial act
2. Body - name of the affiant, sworn statement of the affiant
3. Signature of the affiant.