Hawaii Notary Public Exam — All Questions

May a Hawaii notary notarize a document in which the notary has a beneficial interest?

• a.Yes, for the statutory fee
• b.No—a disqualifying interest bars the act✓
• c.Yes, with a witness
• d.Only electronically

A Hawaii notary may not perform an act in which the notary has a disqualifying beneficial or financial interest. Doing so is misconduct that can lead to revocation by the Attorney General, civil liability, and criminal penalties.

A non-attorney Hawaii notary is asked to prepare a legal contract and give advice on it. This is:

• a.A normal notarial service
• b.Required
• c.The unauthorized practice of law and prohibited✓
• d.Allowed for a higher fee

Preparing legal documents or giving legal advice is the unauthorized practice of law for a non-attorney notary. The Hawaii notary may complete the notarial certificate and administer oaths but must not counsel the signer on legal matters.

A Hawaii notary completes a certificate for a signer who never appeared, and does not record the act. This is:

• a.Serious misconduct—false certificate and failure to keep the required record✓
• b.Acceptable for acknowledgments
• c.Fine if ID was emailed
• d.Allowed if the fee is waived

Notarizing without personal appearance is a false certificate, and failing to record the act violates Hawaii's mandatory record-keeping duty. Both are serious misconduct that can lead to revocation, civil liability, and criminal penalties.