Under section 456-21, what offense does a notary commit by knowingly notarizing a document while omitting a required element of the certification?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Hawaii Notary Public Exam · Certificates
Hawaii Notary Exam Practice Questions: Notarial Certificates (2026)
Every acknowledgment or jurat performed by a Hawaii notary must be evidenced by a certificate signed and dated by the notary, contemporaneously with the act, under HAR 5-11-8. That certificate must also show the notary's printed name, the commission expiration date, the notary seal and the jurisdiction in which the act is performed. HRS 456-21 then lists five required certification elements, and a notary who knowingly notarises a document while omitting one commits the offence of failure to authenticate with a certification statement.
Practice
Free practice questions
Under section 456-21, the first required element pairs the date of notarization with what?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, the printed name of the notary must appear together with what?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, the certification must identify what about where the act occurred?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, where must the identification or description of the document be placed?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, what must the certification state about the document's length and date?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, what mental state is required for the offense of failure to authenticate?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, what is the criminal classification of failure to authenticate with a certification statement?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, what happens to the commission upon a conviction for failure to authenticate?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
Under section 456-21, who can commit the offense of failure to authenticate with a certification statement?
Based on: HRS 456-21 (Failure to authenticate with a certification statement)
The certificate every act needs
The certificate is the legal proof that a notarial act happened, and Hawaii is specific about its contents. Under HAR 5-11-8, every acknowledgment or jurat shall be evidenced by a certificate signed and dated by a notary public, and the certificate must be signed and dated contemporaneously with the performance of the notarial act, not added later. The same rule requires the certificate to include the printed name of the notary, the expiration date of the notary's commission, the notary seal, and identification of the jurisdiction in which the act is performed. Each of those is a separate testable point, because a certificate that omits any one is incomplete. The 'contemporaneously' requirement is a favourite of the exam: signing and dating the certificate at the moment of the act, rather than back-dating or pre-dating it, is what makes the certificate valid. A notary who treats the certificate as a formality to be filled in afterwards has missed the whole purpose of HAR 5-11-8, which is to fix in writing, at the time, who appeared, what was done, and under whose authority.
The five certification elements and the offence
Hawaii goes further than most states by turning a defective certificate into a criminal matter. HRS 456-21 sets five required certification elements: element one is the date of notarisation and the signature of the notary public; element two is the printed name and the stamp or seal of the notary public; element three is identification of the jurisdiction in which the notarial act is performed; element four is identification or description of the document, placed in close proximity to the acknowledgment or jurat; and element five is a statement of the number of pages and the date of the document. A commissioned notary who knowingly notarises a document and fails to include a required element commits the offence of failure to authenticate with a certification statement. Under HRS 456-21 that offence is a misdemeanor, and a conviction results in the automatic revocation of the notary's commission. This is the highest-stakes rule in the certificate topic: most certificate mistakes are merely invalidating, but knowingly leaving out one of these five elements is a crime that ends the commission. The exam tests both the list of five and the consequence, so candidates should be able to name each element and state that a knowing omission is a misdemeanor with automatic revocation.
| Element | What it requires |
|---|---|
| Element one | Date of notarisation and the notary's signature |
| Element two | Printed name and the stamp or seal of the notary |
| Element three | Identification of the jurisdiction where the act is performed |
| Element four | Identification or description of the document, near the acknowledgment or jurat |
| Element five | A statement of the number of pages and the date of the document |
| Penalty for knowing omission | Misdemeanor, with automatic revocation of the commission |
FAQ
Frequently asked questions
How must an acknowledgment or jurat be evidenced in Hawaii?
Under HAR 5-11-8, every acknowledgment or jurat in Hawaii must be evidenced by a certificate signed and dated by the notary public, contemporaneously with the act. The certificate must include the notary's printed name, the commission expiration date, the notary seal and identification of the jurisdiction in which the act is performed.
What are the five certification elements required by Hawaii law?
HRS 456-21 lists five elements: the date and the notary's signature; the printed name and stamp or seal; the jurisdiction where the act is performed; identification of the document placed near the acknowledgment or jurat; and a statement of the number of pages and the date of the document. All five must appear.
What happens if a Hawaii notary leaves out a required certificate element?
Under HRS 456-21, a Hawaii notary who knowingly notarises a document while omitting a required certification element commits the offence of failure to authenticate with a certification statement, which is a misdemeanor. A conviction results in the automatic revocation of the notary's commission.
When must a Hawaii notary sign and date the certificate?
Contemporaneously with the act. HAR 5-11-8 requires the certificate for every acknowledgment or jurat to be signed and dated at the time the notarial act is performed, not before or after. Back-dating or pre-dating the certificate defeats the rule and can be a ground for discipline.