Under HRS 456-15, what administrative fine range applies to noncompliance with journal retention and location-reporting duties?
Based on: HRS 456-15 (Journal; copies as evidence)
A Hawaii notary must create, maintain and retain a journal chronicling all notarial acts under HAR 5-11-9, and must retain that journal for ten years after the last notarial act recorded in it. HRS 456-15 requires each entry to be made contemporaneously with the act and to show the type, date and time of day, the document, the full printed name and address of each signer and witness, the method of identification and any fee charged. On resignation or expiration the notary keeps the journal and tells the attorney general where it is; on the notary's death, whoever holds the journal must transmit it to the attorney general or an approved repository.
Under HRS 456-15, what administrative fine range applies to noncompliance with journal retention and location-reporting duties?
Based on: HRS 456-15 (Journal; copies as evidence)
Under section 456-15, which timing details must be entered for each official act?
Based on: HRS 456-15 (Record; copies as evidence)
Under section 5-11-9, what must a notary create, maintain, and retain to chronicle all notarial acts?
Based on: HAR 5-11-9 (Journal)
Under section 5-11-17, within how many days of a commission ending must a notary surrender the certificate and seal?
Based on: HAR 5-11-17 (Surrender of certificate and seal)
Under HRS 456-15, how does a notary chronicle the notarial acts performed?
Based on: HRS 456-15 (Journal; copies as evidence)
Under HRS 456-15, what identifying details belong in a tangible journal for each signer and witness?
Based on: HRS 456-15 (Journal; copies as evidence)
When a signer is identified by a credential as satisfactory evidence, what details does HRS 456-15 require in the journal?
Based on: HRS 456-15 (Journal; copies as evidence)
Under section 456-15, copies or certificates granted by the notary under hand and seal are treated how?
Based on: HRS 456-15 (Record; copies as evidence)
Under HRS 456-15, when a notary resigns, what journal retention and reporting duties apply?
Based on: HRS 456-15 (Journal; copies as evidence)
Under HRS 456-15, what fee information belongs in the journal entry for a notarial act?
Based on: HRS 456-15 (Journal; copies as evidence)
Hawaii treats the journal as the permanent record of a notary's work, and HAR 5-11-9 sets exacting rules. A notary shall create, maintain and retain a journal in which the notary chronicles all notarial acts. The physical journal has a defined shape: the pages of a tangible journal must be consecutively numbered, it must be bound with a soft cover, and it must not exceed eleven inches in height and sixteen and one-half inches in width when fully opened. The information page must show the notary's name, business address, commission number, expiration date, journal number, and the beginning and ending dates of the acts recorded, and the notary must print the name in the top left corner and the commission number in the top right corner of each set of transaction pages. HRS 456-15 sets out what each entry captures, and each entry must be made contemporaneously with the notarial act: the type, date and time of day of the act; the title or type and date of the document and the nature of the transaction; the full printed name and address of each person whose signature is notarised and of each witness, plus that person's signature if the journal is kept in a tangible medium; a statement that identity rested on personal knowledge, or a brief description of the identification method and any credential presented, with its number and expiration date; and the fee, if any, charged. Because of HRS 456-15, the journal is also evidentiary: all copies or certificates the notary grants under hand and notary seal are received as evidence of those transactions, and under HAR 5-11-9 the journal is subject to audit at any time.
The single most-tested fact in this topic is retention. Under HAR 5-11-9, the notary shall retain the journal for ten years after the performance of the last notarial act chronicled in it, and a failure to retain it for ten years carries an administrative fine of no less than fifty dollars and no more than five hundred dollars. The journal is not surrendered like the seal. Under HAR 5-11-17 a notary who resigns, is revoked, abandons or expires must retain, or cause to be retained, the journal and inform the attorney general of its location, while surrendering the commission certificate for destruction and the rubber stamp seal for defacement within ninety days. HRS 456-15 says the same: on resignation, or the expiration, revocation or suspension of the commission, the notary retains the journal and provides the attorney general with its location. Death is the exception. Under HRS 456-15(h), the personal representative, guardian or anyone else knowingly holding the journal of a deceased notary must transmit it to the attorney general or a repository the attorney general has approved, and under HAR 5-11-17 a failure to retain the journal, report its location or transmit it on death may draw an administrative fine of no less than fifty dollars and no more than five hundred dollars. Older study guides still cite HRS 456-16, which required the records to be deposited with the attorney general; Act 54 of 2020 repealed that section with effect from 1 January 2021. The exam contrasts these endings: the seal is destroyed, but the journal and records are preserved, because they protect the public long after the notary stops practising.
| Point | Hawaii rule |
|---|---|
| Keep a journal of all acts | Required (HAR 5-11-9) |
| What each entry records | Made at the time of the act: type, date, time, document, signer and witness details, identification, fee (HRS 456-15) |
| Tangible journal pages | Consecutively numbered, soft-cover bound (HAR 5-11-9) |
| Retention period | Ten years after the last act recorded (HAR 5-11-9) |
| On resignation or expiration | Notary retains the journal and tells the attorney general where it is (HRS 456-15, HAR 5-11-17) |
| On the notary's death | Journal transmitted to the attorney general or an approved repository (HRS 456-15(h)) |
| Fine for failing to retain ten years | $50 to $500 (HAR 5-11-9) |
Under HAR 5-11-9, a Hawaii notary must retain the journal for ten years after the performance of the last notarial act chronicled in it. Failing to retain it for the full ten years carries an administrative fine of no less than fifty dollars and no more than five hundred dollars.
Under HRS 456-15, each journal entry must be made at the time of the act and must show the type, date and time of day of the act; the title or type and date of the document; the full printed name and address of each person whose signature is notarised and of each witness, plus their signature in a tangible journal; how the signer was identified; and the fee, if any, charged.
On resignation, or the expiration, revocation or suspension of the commission, the notary keeps the journal and provides the attorney general with its location (HRS 456-15, HAR 5-11-17). On the death of a current or former notary, the personal representative or anyone knowingly holding the journal must transmit it to the attorney general or an approved repository (HRS 456-15(h)). Failure to comply may draw an administrative fine of no less than fifty dollars and no more than five hundred dollars. The older rule in HRS 456-16, which sent the records to the attorney general within ninety days, was repealed with effect from 1 January 2021.
No. Under HAR 5-11-17, a Hawaii notary surrenders the commission certificate for destruction and the rubber stamp seal for defacement, but must retain, or cause to be retained, the journal and inform the attorney general of its location. The journal is preserved, not destroyed.
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