A Hawaii notary acknowledgment form is an essential document used to authenticate signatures on legal papers, confirming that individuals willingly signed a document in the presence of a notary public. The form is commonly utilized for various legal documents, including contracts, deeds, affidavits, and other agreements. It involves verifying signers’ identities and ensuring they declare signing the document of their own free will.
The form is affixed to the document, signed, dated, and sealed by the notary public, confirming the authenticity and validity of the signatures.
Legal Considerations
Statute: Hawaii Revised Statutes Chapter 502 and Chapter 456.
Form of Acknowledgment: According to § 502-41, it must include the date, a caption specifying the location, and a statement confirming the appearance of the individual or individuals before the notary. Specific wording varies based on whether natural persons are involved, acting by attorney, or if corporations or partnerships are acknowledging the document.
Notary Term of Commission: Four years (§ 456-1(a)).
Notary Handbook: The Notary Public Manual is a valuable resource outlining the duties and functions related to the profession.
Is Online Notarization Legal in Hawaii?
Yes, the state legalized remote online notarizations through SB 2275, effective January 1, 2021. Section § 456-23 mandates that documents notarized remotely must include the statement, “This notarial act involved the use of communication technology.”
A state-based remote online notary can perform acts with proper identity verification, document confirmation, and audiovisual recording. For those outside the U.S., specific conditions apply. Certificates must note the use of communication technology. Retention of recordings for ten years is mandatory, and prior notification to the Attorney General is required before the first notarial act.
The fee for any notarial act conducted for a remotely located individual under section 456-23, excluding the attachment of a notary public’s certificate to a duplicate original, is $25.
How to Notarize
Step 1 – Find a Notary
Begin your search for a notary at public locations such as Banks and Credit Unions (with Bank of Hawaii having the most branches statewide), UPS Stores, and private notary services.
Subject to § 456-17, a notary public may charge $5 for oath administration with $2.50 for additional duplicate originals beyond four, and $5 for each party signing an acknowledgment, with $2.50 for each person acknowledged on additional duplicate originals beyond one.
Step 2 – Bring the Document
Upon finding a notary, it is essential for each signer to personally appear before the notary and submit the original document for verification.
Step 3 – Present ID
Identification is mandatory unless the notary public personally recognizes the individual(s) involved in the signing process. This measure ensures the security and accuracy of the notarization procedure.
Step 4 – Add the Signatures
Signatures should be inscribed directly on the document in the presence of the notary public. However, in the case of acknowledgments, signatures may be pre-existing, provided that all parties involved confirm, through a declaration, that they have willingly signed the document.
Step 5 – Obtain the Certificate
The notary is responsible for filling out the appropriate notarial certificate, affixing their signature, and applying their official seal.
How to Verify a Notary
- Access the Online Notary Public Search from the Department of the Attorney General website.
- Initiate the search process by entering a name, city, or zip code into the designated field and selecting the “Search” option.
- Next to each notary’s name, you will find their contact number, city of residence, zip code, and the language they are proficient in.
