Key Takeaways
- Signature witnessing certifies the notary watched the signer sign
- Copy certification certifies a copy is a true reproduction of an original document
- Notaries cannot certify copies of vital records, public records, or certain court documents
- Protest of negotiable instruments is a specialized act for dishonored commercial paper
- Depositions may be taken by notaries as authorized under Hawaii law
Other Notarial Acts
In addition to acknowledgments, oaths/affirmations, and jurats, Hawaii notaries may perform several other types of notarial acts.
Signature Witnessing
Signature witnessing (also called "attesting a signature") means the notary certifies that they personally witnessed an individual sign a document.
Requirements
| Element | Requirement |
|---|---|
| Witness signing | Notary must actually watch the signer sign |
| Identification | Must identify the signer |
| Personal appearance | Signer must be physically present |
| Certificate | Notary certifies witnessing the signature |
When Used
Signature witnessing may be used when:
- The document requires a witnessed signature
- No oath about truthfulness is needed
- The signer needs official documentation of their signature
Copy Certification
Copy certification means the notary certifies that a copy of a document is a true, exact, and complete reproduction of the original.
The Process
- Signer presents the original document
- Notary makes or reviews the copy
- Notary compares copy to original
- Notary certifies the copy is accurate
Limitations on Copy Certification
| Document Type | Can Notary Certify? |
|---|---|
| Private documents, contracts | Yes |
| Photographs, diplomas | Yes (with limitations) |
| Birth certificates | NO - certified copies from vital records only |
| Death certificates | NO |
| Marriage certificates | NO |
| Court orders | NO - must come from court |
| Recorded documents | NO - certified copies from recording office |
| Public records | NO - must come from issuing agency |
Important: Notaries should NOT certify copies of documents that are only available as certified copies from government agencies.
Protest of Negotiable Instruments
A protest is an official certificate noting that a negotiable instrument (such as a check or promissory note) has been dishonored.
When Used
| Situation | Action |
|---|---|
| Check returned unpaid | Notary may note protest |
| Promissory note not paid | Notary may note protest |
| Bill of exchange dishonored | Notary may note protest |
The Process
- Holder of instrument presents it to notary
- Notary presents instrument for payment or acceptance
- If dishonored, notary creates official protest certificate
- Notary provides notice to parties liable on the instrument
Fees for Protests
| Protest Type | Maximum Fee |
|---|---|
| Noting protest of mercantile paper | $5 |
| Each notice and certified copy of protest | $5 |
| Noting any other protest | $5 |
| Notice and certified copy thereof | $5 |
Depositions
Hawaii notaries may take depositions as authorized under Hawaii law. A deposition is sworn, out-of-court testimony.
Deposition Requirements
| Requirement | Details |
|---|---|
| Oath | Witness must be sworn |
| Recording | Testimony recorded at length |
| Certification | Notary certifies the deposition |
| Journal entry | Must record in notary journal |
Signature by Mark
When a person cannot sign their name but can make a mark:
- Two impartial witnesses should be present
- Person makes their mark on the document
- Notary indicates it is the mark of the named person
- Witnesses may be required to sign
- Notarial certificate reflects signing by mark
On the Exam
Remember:
- Notaries cannot certify copies of vital records (birth, death, marriage)
- Copy certification requires comparing to original
- Protests are for dishonored negotiable instruments
- Signature by mark requires witnesses
Can a Hawaii notary certify a copy of a birth certificate?
What is the maximum fee a Hawaii notary may charge for noting the protest of mercantile paper?