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In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in Hawaii?

Yes, a notary public in the State of Hawaii must maintain a notary journal pursuant to Statute 456-15 of the Hawaii Revised Statutes

Journal format

Paper/hardbound or electronic journal acceptable depending on the type of notarization being performed

 

"(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."

Journal entry requirements

  • The type, date, and time of day of the notarial act;

  • 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;

  • 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;

  • If the identity of the person is based on personal knowledge, a statement to that effect;

  • 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

  • The fee charged for the notarial service

Journal retention

10years

What happens to the journal upon resignation or death?

"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

 

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."

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Hawaii?

Yes, notaries in the State of Hawaii are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes

"The remote online notary public, or a person acting on behalf of the remote online notary public, must create an audiovisual recording of the performance of the notarial act;"

What is the retention period for RON recordings?

10 years

Do I have to log RON sessions in a journal?

Yes

"(a) In addition to the tangible journal required of all notaries public pursuant to section 456-15, HRS, a remote online notary public shall retain an electronic journal as required under section 456-15, HRS, and this chapter and any audiovisual recording created under section 456-23, HRS, in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process."

Journal format

Hardbound/paper journal & electronic journal required 

 

"(a) In addition to the tangible journal required of all notaries public pursuant to section 456-15, HRS, a remote online notary public shall retain an electronic journal as required under section 456-15, HRS, and this chapter and any audiovisual recording created under section 456-23, HRS, in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process."

Journal entry requirements

  • The type, date, and time of day of the notarial act;

  • 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;

  • 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;

  • If the identity of the person is based on personal knowledge, a statement to that effect;

  • 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

  • The fee charged for the notarial service

Journal retention

10 years

RON recordings & journal upon death

"On the death or adjudication of incompetency of a current or former remote online notary public, the remote online notary public’s personal representative or guardian, or any other person knowingly in possession of an electronic journal or audiovisual recording shall comply with the retention requirements of chapter 456, HRS, and this chapter and transmit the journal and recording to:

  • (1)  One or more repositories under subsection (d); or

  • (2)  The attorney general in an industry-standard data storage device that is readable without the need for additional software or password or cryptographic process."

Reference Links

Helpful resources for Hawaii Notaries

  1. Hawaii Revised Statutes

  2. Department of the Attorney General, Hawaii

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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