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chapter-456•Hawaii Revised Statutes, Chapter 456 — Notaries Public
chapter-456Haw. Rev. Stat. ch. 456CodeJan 1, 1859
Division 2. Business — Title 25. 25a
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
(a) The attorney general may, in the attorney general's discretion, commission the number of notaries public for the State that the attorney general deems necessary for the public good and convenience. The term of commission of a notary public shall be four years from the date of the notary public's commission, unless sooner removed by the attorney general for cause after the opportunity for hearing; provided that after the opportunity for hearing, the commission of a notary public may be revoked or the notary public may be otherwise disciplined by the attorney general in any case where any change occurs in the notary public's commission, occupation, residence, or employment that, in the attorney general's judgment, renders the holding of the commission by the notary public no longer necessary for the public good and convenience. Each notary public shall, upon any change in the notary public's commission, occupation, residence, or employment, forthwith report the change to the attorney general.
(b) Each notary public shall be responsible for renewing the notary public's commission on a timely basis and satisfying the renewal requirements provided by law. The failure to renew a commission in a timely manner shall cause the commission to be forfeited; provided that 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.
[CC 1859, §1266; am L 1887, c 11, §1; RL 1925, §3174; am L 1929, c 3, §1; RL 1935, §5200; am L 1941, c 322, §1; am L 1943, c 173, pt of §1; RL 1945, §7661; am L 1953, c 30, §1; RL 1955, §168-1; am L 1959, c 4, §1; HRS §456-1; am L 1978, c 122, §1; gen ch 1985; am L 1998, c 290, §2; am L 2020, c 54, §3]
In addition to any other powers and duties authorized by law, the attorney general shall have all powers necessary or convenient to effectuate the purposes of this chapter, including, without limitation, the following powers:
(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
(4) Impose administrative fines for any cause prescribed by this chapter or for any violation of the rules adopted pursuant to this chapter.
[L 2008, c 175, pt of §2]
As used in this chapter, unless the context requires otherwise:
"Acknowledgment" means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document.
"Alter" means to change by means of erasure, obliteration, deletion, insertion of new content, or transposition of content.
"Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
"In a representative capacity" means acting as:
(1) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(2) A public officer, personal representative, guardian, or other representative, in the capacity stated in an applicable document;
(3) An agent or attorney-in-fact for a principal; or
(4) An authorized representative of another in any other capacity.
"Notarial act" means an act, whether performed with respect to a tangible or electronic document, that a notary public may perform under the laws of this State. "Notarial act" includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
"Notary public" means an individual commissioned to perform a notarial act by the attorney general under this chapter.
"Proof of the signer's signature and identity" means satisfactory evidence of the identity of an individual appearing before the notary public if the notary public can identify the individual:
(1) By means of:
(A) Having personal knowledge of the identity of an individual before the officer if the individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the individual has the identity claimed;
(B) A passport, driver's license, or government issued non-driver identification card that is valid or expired no more than three years prior to the performance of the notarial act and contains the signature and photograph of the individual;
(C) Another form of government identification issued to an individual that is valid or expired no more than three years prior to performance of the notarial act, contains the signature and photograph of the individual, and is satisfactory to the notary public; or
(D) By verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify on the basis of a passport, driver's license, or government-issued non-driver identification card that is valid or expired no more than three years prior to performance of the notarial act; or
(2) By requiring an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual.
"Sign" means, with present intent to authenticate or adopt a document:
(1) To execute or adopt a tangible symbol; or
(2) To attach or logically associate with the document an electronic symbol, sound, or process.
"Signature" means a tangible symbol or an electronic signature that evidences the signing of a document.
"Stamping device" means:
(1) A physical device capable of stamping or impressing upon a tangible document a notary seal; or
(2) An electronic device or process capable of attaching to, or logically associating with, an electronic document a notary seal.
"Tamper-evident" means any change to an electronic document that displays evidence of the change.
"Verification on oath or affirmation" means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true.
[L 2008, c 175, pt of §2; am L 2020, c 54, §4]
Every person commissioned as a notary public shall, at the time of the person's commission, be a resident of the State, possess the other qualifications required of a notary public and be at least eighteen years of age. Every person, prior to being commissioned as a notary public, shall take and subscribe an oath for the faithful discharge of the person's duties, which oath shall be filed in the department of the attorney general.
[CC 1859, §1267; RL 1925, §3175; RL 1935, §5201; am L 1941, c 322, §2; am L 1943, c 173, pt of §1; RL 1945, §7662; RL 1955, §168-2; am L 1965, c 248, §1; HRS §456-2; am L 1972, c 2, §22; am L 1976, c 146, §1; am L 1978, c 122, §2; gen ch 1985; am L 2020, c 54, §5]
Every notary public shall constantly keep a rubber stamp notary seal which shall clearly show, when stamped or impressed upon a tangible document or when attached to or logically associated with an electronic document, only the notary public's name, the notary public's commission number, and the words, "notary public" and "State of Hawaii". The notary seal shall be capable of being copied together with the document to which it is stamped, impressed, or attached, or with which it is logically associated. The notary public shall authenticate all the notary public's official acts, attestations, certificates, and instruments therewith, and shall always add to an official signature the typed or printed name of the notary public and a statement showing the date that the notary public's commission expires. Upon resignation, death, expiration of term of commission without renewal, or revocation or abandonment of commission, the notary public, or in the case of the death of the notary public, the notary public's personal representative, shall immediately deliver the notary public's seal to the attorney general who shall deface or destroy the same. If a notary public has used an electronic stamping device, upon resignation, death, expiration of term of commission without renewal, or revocation or abandonment of commission, the notary public, or in the case of the death of the notary public, the notary public's personal representative, shall disable the electronic stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable and shall submit a declaration to the attorney general that the electronic stamping device was disabled and indicate the date and manner in which the device was disabled.
[CC 1859, §1268; RL 1925, §3176; RL 1935, §5202; am L 1941, c 322, §3; RL 1945, §7663; RL 1955, §168-3; HRS §456-3; am L 1976, c 200, pt of §1; am L 1978, c 122, §3; am L 1984, c 127, §1; gen ch 1985; am L 1986, c 327, §1; am L 1998, c 290, §3; am L 2013, c 29, §1; am L 2020, c 54, §6]
(a) Each person commissioned as a notary public under this chapter shall forthwith file a literal or photostatic copy of the person's commission, an impression of the person's tangible seal, and a specimen of the person's official signature with the clerk of the circuit court of the circuit in which the notary public resides. Each person commissioned as a notary public under this chapter may also, at the person's option, file the above-named documents with the clerk of any other circuit court. Thereafter any clerk, when requested, shall certify to the official character and acts of any such notary public whose commission, impression of tangible seal, and specimen of official signature are so filed in the clerk's office. A notary public's electronic seal shall not be subject to the requirements of this section.
(b) All documents filed under this section may be maintained in tangible or electronic format.
[L 1941, c 322, pt of §4; RL 1945, §7664; RL 1955, §168-4; HRS §456-4; am L 1978, c 122, §4; am L 1982, c 45, §1; gen ch 1985; am L 2020, c 54, §7]
Each notary public forthwith and before entering upon the duties of the notary public's commission shall execute, at the notary public's own expense, an official surety bond which shall be in the sum of $1,000. Each bond shall be approved by a judge of the circuit court.
The obligee of each bond, or bond continuation certificate, shall be the State and the condition contained therein shall be that the notary public will well, truly, and faithfully perform all the duties of the notary public's commission which are then or may thereafter be required, prescribed, or defined by law or by any rule made under the express or implied authority of any statute, and all duties and acts undertaken, assumed, or performed by the notary public by virtue or color of the notary public's commission. The surety on each bond, or bond continuation certificate, shall be a surety company authorized to do business in the State. 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. The clerk shall keep a book to be called the "bond record", in which the clerk shall record data relating to each of the bonds or bond continuation certificates deposited and filed in the clerk's office as the attorney general may direct.
[L 1941, c 322, pt of §4; RL 1945, §7665; am L 1955, c 104, §2; RL 1955, §168-5; HRS §456-5; am L 1978, c 122, §5; gen ch 1985; am L 1998, c 290, §4; am L 2020, c 54, §8]
(a) In the performance of a notarial act, a notary public's liability shall be limited to a failure by the notary public to perform properly the actions required for the jurat, acknowledgment, or other notarial acts. The notary public's liability shall not be based on statements in a notarized document apart from the notarial certificate.
(b) For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary public's official bond, the notary public and the surety on the notary public's official bond shall be liable to the party injured thereby for all the damages sustained. The party shall have a right of action in the party's name upon the bond and may prosecute the action to final judgment and execution.
[L 1941, c 322, pt of §4; RL 1945, §7666; RL 1955, §168-6; HRS §456-6; gen ch 1985; am L 1996, c 18, §1; am L 2020, c 54, §9]
(a) A person commits the offense of unauthorized practice as a notary public if the person knowingly engages in or offers to engage in any duties of a notary public without first complying with all of the following:
(1) Being commissioned as a notary public by the attorney general;
(2) Filing a copy of the person's commission, an impression of the person's seal, and a specimen of the person's official signature with the clerk of the circuit court of the circuit in which the person resides; and
(3) Executing an official surety bond pursuant to section 456-5.
(b) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.
(c) Nothing in this section shall be construed to restrict or to do away with any liability for civil damages.
[L 1941, c 322, pt of §4; RL 1945, §7667; RL 1955, §168-7; HRS §456-7; gen ch 1985; am L 2008, c 175, §4; am L 2020, c 54, §10]
The attorney general, subject to chapter 91, may prescribe such rules as the attorney general deems advisable concerning the administration of this chapter, the commission and duties of notaries public, and any measures as may be necessary to prevent the fraudulent use of a notarized document after placement of the notary public's seal. The rules shall have the force and effect of law.
[L 1941, c 322, pt of §4; RL 1945, §7668; RL 1955, §168-8; am L 1965, c 96, §110; HRS §456-8; gen ch 1985; am L 1998, c 290, §5; am L 2008, c 175, §5; am L 2020, c 54, §11]
(a) The attorney general shall charge and collect the following fees for:
(1) Issuing the original commission, $40;
(2) Renewing the commission, $40; and
(3) Electronic processing service fees of up to ten per cent of the amount of the transaction.
These fees may be adjusted, and any other fees may be established and adjusted, by adopting rules pursuant to chapter 91.
(b) The court fees for filing a copy of a commission and for each certificate of authentication shall be specified by the supreme court.
(c) The attorney general may impose and collect the following administrative fines for a notary public's failure to:
(1) Maintain an official seal of a single rubber stamp notary seal, on which shall be inscribed the name of the notary public, the commission number of the notary public, and the words "notary public" and "State of Hawaii" only, $20;
(2) Surrender the notary public's physical stamping device and certificate to the attorney general within ninety days of resignation, revocation of commission, or the expiration of a term without renewal, $200;
(3) Disable the notary public's electronic stamping device within ninety days of resignation, revocation of commission, or the expiration of a term without renewal, $200;
(4) Authenticate every acknowledgment or jurat with a certificate that shall be signed and dated by the notary public, include the printed name and official stamp or seal of the notary public, and identify the jurisdiction in which the notarial act is performed, $500;
(5) Chronicle all of the notary public's notarial acts as prescribed by section 456-15 and applicable rules, $200; and
(6) Notify the attorney general within ten days after loss, misplacement, or theft of the notary public's stamping device or any journal, inform the appropriate law enforcement agency in the case of theft, and deliver a copy of the law enforcement agency's report of the theft to the attorney general, $20.
(d) The moneys collected by the attorney general pursuant to this section shall be deposited into the notaries public special fund established by section 456-9.5, except that if that fund is terminated, the moneys shall thereafter be deposited with the director of finance to the credit of the general fund.
(e) All unpaid fees, fines, and forfeitures shall constitute a debt due and owing to the State.
[L 1941, c 322, pt of §4; RL 1945, §7669; am L 1953, c 30, §2; am L 1955, c 172, §1; RL 1955, §168-9; am L 1959, c 265, §17; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §456-9; am L 1976, c 146, §2; am L 1998, c 290, §6; am L 2008, c 175, §6; am L 2013, c 29, §2; am L 2020, c 54, §12; am L Sp 2021, c 9, §54]
(a) There is established in the state treasury the notaries public special fund into which shall be deposited:
(1) All fees, administrative fines, charges, or other payments received pursuant to section 456-9;
(2) Penalties and fines for violations of section 456-3 or 456-7;
(3) Appropriations made for deposit into the notaries public special fund; and
(4) Interest earned on money in the notaries public special fund.
(b) The notaries public special fund shall be administered by the department of the attorney general. Notwithstanding any law to the contrary, moneys in the notaries public special fund shall be used for personnel costs, the acquisition of equipment, and operating and administrative costs deemed necessary by the department of the attorney general to administer this chapter. The moneys in the fund may also be used to train personnel as the attorney general deems necessary, and for any other activity related to notaries public.
[L 1998, c 290, §1; am L 2008, c 175, §7; am L 2020, c 54, §13; am L Sp 2021, c 9, §55]
It shall be a notary public's duty, when requested, to enter on record all losses or damages sustained or apprehended, by sea or land, and also all averages, and such other matters as, by mercantile usage, appertain to the notary's office, and cause protest thereof to be made, duly and formally.
[CC 1859, §1269; RL 1925, §3177; RL 1935, §5203; RL 1945, §7670; RL 1955, §168-10; HRS §456-10; gen ch 1985]
All facts, extracts from documents, and circumstances, so noted, shall be signed and sworn to by all the persons appearing to protest. The notary public shall note, extend, and record the protest so made; and shall grant authenticated copies thereof, under the notary's signature and notarial seal, to those who request and pay for the same. The notary shall also, in behalf of any person interested, present any bill of exchange, or other negotiable paper, for acceptance or payment to any party on whom the same is drawn or who may be liable therefor; and notify all indorsers or other parties to such bill or paper. The notary may, in general, do all the acts to be done by notaries public by the usages of merchants, or which are authorized by the laws of the State.
[CC 1859, §1270; RL 1925, §3178; RL 1935, §5204; RL 1945, §7671; RL 1955, §168-11; HRS §456-11; gen ch 1985]
The protest of any foreign or inland bill of exchange, or promissory note or order, duly certified by any notary public, under the notary's hand and official seal, shall be legal evidence of the facts stated in the protest, as to the same, and also as to the notice given to the drawer or indorser in any court of law.
[CC 1859, §1271; RL 1925, §3179; RL 1935, §5205; RL 1945, §7672; RL 1955, §168-12; HRS §456-12; gen ch 1985]
Every notary public may administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper. All oaths administered before June 23, 1888, by notaries public are declared valid and binding.
[L 1888, pt of c 6; RL 1925, §3180; RL 1935, §5206; RL 1945, §7673; RL 1955, §168-13; HRS §456-13]
(a) Except as otherwise provided in subsection (b):
(1) A notary public may perform a notarial act authorized by this chapter or by the laws of this State; and
(2) It shall be lawful for any notary public, although an officer, employee, shareholder, or director of a corporation or trust company to take the acknowledgment of any party to any written instrument executed to or by the corporation or trust company, or to administer an oath to any shareholder, director, officer, employee, or agent of the corporation or trust company, or to protest for nonacceptance or nonpayment of bills of exchange, drafts, checks, notes, and other negotiable instruments that may be owned or held for collection by the corporation or trust company.
(b) A notary public shall not perform a notarial act with respect to a document to which the notary public or the notary public's spouse or civil partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this section is voidable.
(c) A notary public may certify that a tangible copy of an electronic document is an accurate copy of the electronic document.
[L 1961, c 97, §1; Supp, §168-13.5; HRS §456-14; am L 2020, c 54, §14]
(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.
(b) 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. If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with all rules adopted by the attorney general pursuant to this chapter.
(c) A notary public having the care and custody of the journal may cause the same to be photographed, microphotographed, reproduced on film, or copied to an electronic format. Any device or electronic storage system used to copy or reproduce the journal shall accurately reflect all details of the information in the original thereof.
(d) A photograph, microphotograph, reproduction on film, or electronic copy of a journal shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, facsimile, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, facsimile, or certified copy of the original record.
(e) An entry in a journal shall be made contemporaneously with performance of the notarial act and contain the following information:
(1) The type, date, and time of day of the notarial act;
(2) The title or type and date of the document or proceeding and the nature of the act, transaction, or thing to which the document relates;
(3) The full printed name and address of each person whose signature is notarized and of each witness and, if the journal is maintained in a tangible medium, the signature of that person;
(4) If the identity of the person is based on personal knowledge, a statement to that effect;
(5) If the identity of the person is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the identification number and date of expiration of any identification credentials; and
(6) The fee, if any, charged by the notary public.
(f) 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.
(g) On resignation from, or the expiration, revocation, or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with this section and provide to the attorney general the location of the journal.
(h) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the attorney general or a repository approved by the attorney general.
(i) All copies or certificates granted by the notary public shall be under the notary public's hand and notary seal and shall be received as evidence of such transactions.
(j) The journals are subject to any reasonable periodic, special, or other audits or inspections by the department of the attorney general, within or without the State, as the attorney general considers necessary or appropriate. An audit or inspection may be made at any time and without prior notice. The department of the attorney general may copy, and remove for audit or inspection copies of, all records that the department of the attorney general reasonably considers necessary or appropriate to conduct the audit or inspection. If any notary public fails to comply with this section, the notary public shall be subject to an administrative fine of no less than $50 nor more than $500. All unpaid fees, fines, and forfeitures shall constitute a debt due and owing to the State.
[CC 1859, §1273; RL 1925, §3181; RL 1935, §5207; RL 1945, §7674; RL 1955, §168-14; HRS §456-15; gen ch 1985; am L 1995, c 141, §2; am L 2008, c 175, §8; am L 2020, c 54, §15]
[Repealed]
[L 2020, c 54, §23]
Subject to section 456-18, every notary public is entitled to demand and receive the following fees:
(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 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 instrument acknowledged before the notary public, the notary public's certificate of the acknowledgment, $2.50 for each person making the acknowledgment; and
(8) For any of the foregoing notarial acts performed for a remotely located individual under section 456-23, other than affixing a notary public's certificate to a duplicate original, $25.
[CC 1859, §1276; L 1888, pt of c 6; am L 1917, c 132, §1; RL 1925, §3183; RL 1935, §5209; am L 1935, c 147, §1; RL 1945, §7676; am L 1951, c 281, §1; RL 1955, §168-16; HRS §456-17; am L 1976, c 146, §3; am L 1985, c 154, §1; am L 1995, c 141, §3; am L 2020, c 54, §16; am L 2021, c 230, §16]
Except as otherwise provided for by law, the head of every department (which term as used in this chapter includes any department, board, commission, bureau, or establishment of the United States, or of the State, or any political subdivision thereof) may designate one or more of the head of every department's subordinates to be a notary public who, upon duly qualifying and receiving a commission as a notary public in government service, shall perform, without charge, the services of a notary public in all matters of business pertaining to the State, any political subdivision thereof, or the United States.
Any provision of this chapter to the contrary notwithstanding, a subordinate so designated and thus qualified and commissioned as a notary public in government service shall:
(1) Be authorized to perform the duties of a notary public in one or more of the judicial circuits of the State as the attorney general shall designate;
(2) Not be required to:
(A) Pay any fee to the clerk of any circuit court for filing a copy of the notary's commission;
(B) Pay any fee to the attorney general for the issuance of the notary's commission or the renewal thereof; or
(C) Furnish and file an official bond unless that bond is required by the head of the department in which the notary is a subordinate, in which event, the expense of furnishing any such bond shall be borne by the department concerned; and
(3) Not demand or receive any fee for the notary's service as a notary public; provided that where the occasion, in the judgment of the head of the department, is deemed one of urgent necessity and convenience, the notary may, but shall not be compelled to, administer oaths or take acknowledgments in nongovernmental matters, for which services the prescribed fees shall be demanded and received as governmental realizations and covered into the notaries public special fund established by section 456-9.5, except that if that fund is terminated, the fees shall thereafter be deposited into the general fund of the State; provided further that with the prior written approval of the attorney general, the notary public, upon paying the fees prescribed by law and upon executing, depositing, and filing at the notary's own expense, the required official bond, may demand or receive the fees prescribed by law for services rendered by the notary in matters not pertaining to such public business.
[L 1931, c 136, §1; RL 1935, §5210; am L 1941, c 322, §6; am L 1943, c 173, pt of §1; RL 1945, §7677; RL 1955, §168-17; HRS §456-18; gen ch 1985; am L 1998, c 290, §7; am L Sp 2021, c 9, §56]
A notary public may sign the name of a person physically unable to sign or to make a mark on a document presented for notarization; provided that the notary public is satisfied that the person has voluntarily given consent for the notary public to sign on the person's behalf, if the notary public writes, in the presence of the person: "Signature affixed by notary public pursuant to section 456-19, Hawaii Revised Statutes." beneath the signature, and if a doctor's written certificate is provided to the notary public 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. The certificate shall be attached to the document.
[L 1995, c 141, §1; am L 2020, c 54, §17]
(a) A person commits the offense of failure to verify identity if the person is a commissioned notary public and knowingly notarizes a document and if a witness to the signing of the instrument, fails to verify the identity of the signer by proof of the signer's signature and identity, or by obtaining satisfactory evidence of identity of a remotely located individual under section 456-23.
(b) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.
(c) A conviction under this section shall result in the automatic revocation of the notary public's commission.
[L 2008, c 175, pt of §2; am L 2020, c 54, §18]
(a) A person commits the offense of failure to authenticate with a certification statement if the person is a commissioned notary public and knowingly performs a notarial act with respect to a document and fails to include any of the following in the notary certification:
(1) Date of notarization and signature of the notary public;
(2) The printed name, date of expiration, and stamp or seal of the notary public; and
(3) Identification of the jurisdiction in which the notarial act is performed.
(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be stamped, impressed, or attached on the certificate. If a notarial act is performed regarding a tangible record by a notary public and the certificate contains the information specified in this section, an official stamp shall be affixed to the certificate. 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.
(c) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.
(d) A conviction under this section shall result in the automatic revocation of the notary public's commission.
[L 2008, c 175, pt of §2; am L 2020, c 54, §19]
(a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
(1) The person executing the document is competent or has the capacity to execute the document;
(2) The person's signature is knowingly and voluntarily made; or
(3) The notary public has proof of the signer's signature and identity or, if the person is a remotely located individual, satisfactory evidence of the identity under section 456-23.
(b) A notary public may refuse to perform a notarial act unless the refusal is prohibited by any provision of law other than this chapter.
[L 2020, c 54, pt of §2]
. (a) A remotely located individual may comply with any law requiring the individual to appear personally before, or be in the presence of, a notary public at the time of the performance of a notarial act by using communication technology to appear before a remote online notary public.
(b) A remote online notary public located in this State may perform a notarial act for a remotely located individual using communication technology if:
(1) The remote online notary public has:
(A) Personal knowledge of the identity of the individual;
(B) Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the remote online notary public under this chapter; or
(C) Obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;
(2) The remote online notary public is reasonably able to confirm that a document before the remote online notary public is the same document in which the remotely located individual made a statement or on which the remotely located individual executed a signature;
(3) The remote online notary public, or a person acting on behalf of the remote online notary public, creates an audiovisual recording of the performance of the notarial act; and
(4) For a remotely located individual located outside the United States:
(A) The document to be notarized:
(i) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States;
(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; or
(iii) Involves a transaction with a bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, including a bank so insured and that is located in the Federated States of Micronesia, Republic of the Marshall Islands, or Republic of Palau; and
(B) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(c) If a notarial act is performed under this section, any certificate of notarial act required by this chapter or other laws of this State shall indicate that the notarial act was performed using communication technology.
(d) A form of certificate of notarial act subject to this section and authorized by the laws of this State, including a certificate of acknowledgment provided in section 502-41, is sufficient if it:
(1) Complies with rules adopted under this section; or
(2) Is in the form authorized by the laws of this State and contains a statement substantially as follows: "This notarial act involved the use of communication technology".
(e) A remote online notary public; guardian, conservator, or agent of a remote online notary public; or personal representative of a deceased remote online notary public shall retain any audiovisual recording created under this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by a rule adopted under this section, the recording shall be retained for a period of no less than ten years after the recording is made.
(f) Prior to performing any initial notarial act under this section, the remote online notary public shall notify the attorney general that the remote online notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies that the remote online notary public intends to use. The technologies selected by a remote online notary public to perform notarial acts for remotely located individuals shall conform to the attorney general's standards developed for this chapter.
(g) In addition to adopting, amending, or repealing rules under sections 456-1.5 and 456-8, the attorney general may adopt, amend, or repeal rules pursuant to chapter 91 regarding the performance of notarial acts under this section, including:
(1) Prescribing the means of performing a notarial act involving a remotely located individual using communication technology;
(2) Establishing standards for communication technology and identity proofing;
(3) Establishing requirements and procedures to approve providers of communication technology and the process of identity proofing; and
(4) Establishing standards for, and a period of retention of, any audiovisual recording created under this section.
(h) Prior to adopting, amending, or repealing a rule governing the performance of a notarial act with respect to a remotely located individual, the attorney general shall consider:
(1) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;
(2) The standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and
(3) The views of governmental officials and entities and other interested persons.
(i) For purposes of this section:
"Communication technology" means an electronic device or process that:
(1) Allows a remote online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(2) When necessary and consistent with other applicable laws, facilitates communication between a remote online notary public and a remotely located individual who has a vision, hearing, or speech impairment.
"Foreign state" means a jurisdiction other than the United States, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States, or a federally recognized Indian tribe.
"Identity proofing" means a process or service by which a third person provides a remote online notary public with a means to verify the identity of a remotely located individual by a review of the remotely located individual's personal information from public or private data sources.
"Outside the United States" means a location outside the geographic boundaries of the United States; Puerto Rico; the United States Virgin Islands; and any territory, insular possession, or other location subject to the jurisdiction of the United States.
"Remote online notary public" means an individual commissioned by the attorney general to perform notarial acts for remotely located individuals.
"Remotely located individual" means an individual who is not in the physical presence of the remote online notary public performing a notarial act for that individual under this section.
[L 2020, c 54, pt of §2]
(a) A notary public or an applicant for commission as a notary public may apply to the attorney general to be commissioned as a remote online notary public in the manner provided by this section.
(b) A person qualifies to be commissioned as a remote online notary public by:
(1) Satisfying the qualification requirements for commission as a notary public under this chapter;
(2) Paying any application fee established pursuant to subsection (c); and
(3) Submitting to the attorney general an application in the form prescribed by the attorney general that establishes the applicant's qualifications.
(c) The attorney general may charge a fee for an application submitted under this section in an amount necessary to administer this section.
(d) An individual commissioned as a remote online notary public under this section shall forthwith file a literal or photostatic copy of the individual's commission with the clerk of the circuit court of the circuit in which the remote online notary public resides.
(e) An individual commissioned as a remote online notary public under this section shall be deemed a notary public for purposes of this chapter and shall be subject to the requirements, powers, and duties of a notary public under this chapter.
[L 2020, c 54, pt of §2]
. (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic documents. No person shall require a notary public to perform a notarial act with respect to an electronic document using a technology that the notary public has not selected.
(b) Prior to the performance of an initial notarial act with respect to an electronic document, the notary public shall notify the attorney general that the notary public will be performing notarial acts with respect to electronic documents and identify the technology the notary public intends to use; provided that the technology selected by a remote online notary public for remote online notarizations shall conform to the attorney general's standards developed for this chapter.
(c) The registrar of conveyances may accept for recording under chapter 502 a tangible copy of an electronic document containing a notarial certificate as satisfying any requirement that a document accepted for recording be an original; provided that the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic document.
[L 2020, c 54, pt of §2]
. Except as otherwise provided in section 456-14(b), the failure of a notary public to perform a duty or meet a requirement specified in this chapter does not validate or invalidate a notarial act performed by the notary public. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the document or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this State other than this chapter or based on the laws of the United States. This section shall not be deemed to validate a purported notarial act performed by a person who does not have the authority to perform notarial acts.
[L 2020, c 54, pt of §2]
. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, title 15 United States Code section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, title 15 United States Code section 7003(b).
[L 2020, c 54, pt of §2]
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