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Notary Public is a public officer whose functions include: - correct answer ✅1) administering oaths
- witnessing the signing of documents
- attesting to the identity of the signers of the document
- noting protests
- taking acknowledgments of documents Government Notary - correct answer ✅performs notarial services pertaining to the business of the government In Hawaii, to be eligible for a notary public commission, the applicant must be: - correct answer ✅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
- A Hawaii resident
- At least 18 years old Appointment and Tenure - correct answer ✅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 - correct answer ✅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 - correct answer ✅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 - correct answer ✅1) A notary must sign in the same manner as it appears on the notary's seal
- the date of expiration of the notary's commission
Notarial Record Book - correct answer ✅1) The type, date, and time of day of the notarial act;
- The title or type and date of the document or proceeding;
- The signature, printed name, and address of each person whose signature is notarized and of each witness;
- Other parties to the instrument; and
- 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 - correct answer ✅1) the notary public'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.
Disposition of Notarial Record Books - correct answer ✅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 - correct answer ✅"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 - correct answer ✅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.
Forgery - correct answer ✅the fraudulent making or altering of a writing, with the intent to deceive another and prejudice the person in some right Perjury - correct answer ✅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 - correct answer ✅the willful and corrupt procuring of another to commit perjury notary certification - correct answer ✅1. Date of notarization and signature of the notary public;
- The printed name and stamp or seal of the notary public;
- Identification of the jurisdiction in which the notarial act is performed;
- Identification or description of the document being notarized, placed in close proximity to the acknowledgment or jurat; and
- A statement of the number of pages and date of the document
Jurisdiction - correct answer ✅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 - correct answer ✅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 - correct answer ✅Before notarizing any document, the notary public should inspect the document and ascertain whether there are interlineations, erasures, or other ______ Oath/Affirmation - correct answer ✅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 - correct answer ✅a written or printed statement of facts, made voluntarily, and under oath or
executed a formal or legal written document that the execution of the document was the person's free act and deed. Testimonium Clause - correct answer ✅"In witness whereof, I have hereunto set my hand and official seal." Notary Certificate - correct answer ✅"every acknowledgment or jurat shall be evidenced by a ______ signed and dated by a notary public". The ______ shall include:
- The printed name of the notary;
- The official stamp or seal of the notary;
- The signature of the notary;
- The identification of the jurisdiction in which the notarial act is performed;
- The identification or description of the document being notarized, which shall be in close proximity to the acknowledgment or jurat;
- The number of pages of the document;
- The date of the document; and
- The date of the ________. Notaries Public Revolving Fund - correct answer ✅There is established in the state treasury the ____ _____ ______ _____ into which shall be deposited:
- All fees, charges, or other payments received pursuant to HRS § 456-9;
- Penalties and fines for violations of HRS §§ 456-3, 456-7, or 456-16;
- Appropriations made for deposit into the ___ ___ ___ ____; and
- Interest earned on money in the ______ _______ _____ _____. Powers and duties of the attorney general - correct answer ✅(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
State, any political subdivision thereof, or the United States. Apostille - correct answer ✅certification/legalization of a document for international use (under terms of the 1961 Hague Convention). Apostille - correct answer ✅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 - correct answer ✅first duly sworn jurat - correct answer ✅subscribed and sworn acknowledgement - correct answer ✅free act and deed Things you cannot notarize - correct answer ✅birth certificate, marriage certificate, passport Alter - correct answer ✅to change by means of erasure, obliteration, deletion, insertion of new content, or
transposition of content Personally knowing - correct answer ✅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 - correct answer ✅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 - correct answer ✅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 - correct answer ✅1. The venue.
- The date of the notarial act, which is the date the notary signs the acknowledgment.
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 - correct answer ✅"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 - correct answer ✅"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 - correct answer ✅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 - correct answer ✅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 - correct answer ✅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. required - correct answer ✅ REQUIRED - correct answer ✅ REQUIRED - correct answer ✅
