Under the administrative rules, which acts is every notary public empowered to perform?
Based on: HAR 5-11-4 (Powers)
Hawaii Notary Public Exam · Acts
Hawaii Notary Exam Practice Questions: Powers and Authorised Acts (2026)
A Hawaii notary public may take acknowledgments, administer oaths and affirmations, witness signings, attest to identity, note protests, and perform any other act permitted by chapter 456, all listed in HAR 5-11-4. HRS 456-13 lets every notary administer oaths in all cases in which an oath is authorised, required or proper, and HRS 456-11 to 456-12 govern protests of negotiable paper. Special rules cover government notaries, corporate notaries and signing for a disabled person under HRS 456-14, 456-18 and 456-19.
Practice
Free practice questions
Besides the listed acts, what other authority does section 5-11-4 give a notary?
Based on: HAR 5-11-4 (Powers)
In what range of cases may a Hawaii notary administer oaths under section 456-13?
Based on: HRS 456-13 (May administer oath)
Under section 456-10, what is a notary's duty by mercantile usage when requested?
Based on: HRS 456-10 (Duties, by mercantile usage)
Under section 456-11, who must sign and swear to the facts and circumstances noted in a protest?
Based on: HRS 456-11 (Protests; negotiable paper)
Under section 456-11, to whom must a notary grant authenticated copies of a protest?
Based on: HRS 456-11 (Protests; negotiable paper)
Under section 456-11, what may a notary present on behalf of an interested person?
Based on: HRS 456-11 (Protests; negotiable paper)
Under section 456-12, a notary's duly certified protest of a bill of exchange or promissory note serves as what in court?
Based on: HRS 456-12 (Protest, evidence of what)
For a protest to be legal evidence under section 456-12, how must it be certified?
Based on: HRS 456-12 (Protest, evidence of what)
Under section 456-14, may a notary who is an officer of a corporation take the acknowledgment of a party to an instrument executed to that corporation?
Based on: HRS 456-14 (Notary connected with a corporation or trust company)
The core acts a Hawaii notary may perform
The exam leans on knowing exactly what a notary is empowered to do, and HAR 5-11-4 is the master list: taking acknowledgments, administering oaths and affirmations, witnessing signings, attesting to identity, noting protests, and any other act permitted by chapter 456. The oath power is broad. HRS 456-13 provides that every notary may administer oaths in all cases in which oaths are authorised or required, or in which administering an oath may be proper. Two specialised acts that surprise candidates come from mercantile usage. Under HRS 456-10 it is a notary's duty, when requested, to record losses or damages by sea or land and averages, and to cause protest to be made; and under HRS 456-11 all facts, extracts and circumstances noted in a protest of negotiable paper must be signed and sworn to by all the persons appearing to protest. A protest matters because, under HRS 456-12, a protest duly certified under the notary's hand and official seal is legal evidence of the facts stated and of the notice given to the drawer or indorser in any court of law. The trap the exam sets is the false belief that a notary may draft contracts, give legal opinions, issue marriage licences or record deeds directly with the bureau of conveyances. None of those is on the HAR 5-11-4 list, and a notary who is not an attorney may not give legal advice at all.
- Take acknowledgments, administer oaths and affirmations, witness signings, attest to identity and note protests (HAR 5-11-4).
- Administer oaths in all cases where an oath is authorised, required or proper (HRS 456-13).
- Note and certify protests of negotiable paper, which become legal evidence (HRS 456-11 and 456-12).
Special-situation notaries and signing for others
Several statutes adjust who may act and how. Under HRS 456-14 it is lawful for a notary to take an acknowledgment even though the notary is an officer, employee, shareholder or director of the corporation or trust company involved; but the proviso to HRS 456-14 makes it unlawful for that notary to protest a negotiable instrument where the notary is individually a party to the instrument. Government service has its own track: under HRS 456-18 the head of every department may designate one or more subordinates to be a notary public in government service. A particularly testable rule covers a signer who cannot physically sign. Under HRS 456-19 a notary may sign for a person physically unable to sign if the notary is satisfied of the person's voluntary consent and is provided with a doctor's written certificate of the disability. Each of these rules narrows or extends the basic powers in HAR 5-11-4 for a specific real-world situation, and the exam likes to mix them with the prohibited acts: even a corporate notary cannot protest paper they are individually party to, and even a willing notary cannot sign for a disabled person without that doctor's certificate. Reading the power alongside its limit is the skill being tested.
| Situation | Hawaii rule |
|---|---|
| Administer an oath | Allowed in all proper cases (HRS 456-13) |
| Note and certify a protest | Allowed; becomes legal evidence (HRS 456-11, 456-12) |
| Acknowledge a corporate document the notary is an officer of | Allowed (HRS 456-14) |
| Protest paper the notary is individually a party to | Unlawful (HRS 456-14 proviso) |
| Sign for a person physically unable to sign | Allowed with consent plus a doctor's certificate (HRS 456-19) |
| Draft contracts or give legal opinions | Not an authorised act (HAR 5-11-4) |
FAQ
Frequently asked questions
What acts can a Hawaii notary public perform?
Under HAR 5-11-4, a Hawaii notary may take acknowledgments, administer oaths and affirmations, witness signings, attest to identity, note protests, and perform any other act permitted by chapter 456. Drafting contracts, giving legal opinions, issuing marriage licences and recording deeds are not on this list.
Can a Hawaii notary administer an oath?
Yes. Under HRS 456-13, every Hawaii notary may administer oaths in all cases in which oaths are authorised or required, or in which administering an oath may be proper. This is one of the core powers also listed in HAR 5-11-4.
Can a Hawaii notary sign a document for someone who cannot sign?
Yes, under narrow conditions. HRS 456-19 lets a Hawaii notary sign for a person physically unable to sign only if the notary is satisfied of the person's voluntary consent and is provided with a doctor's written certificate of the disability. Both the consent and the certificate are required.
Can a Hawaii notary who works for a corporation notarise its documents?
Yes for acknowledgments. Under HRS 456-14, a Hawaii notary may take an acknowledgment even as an officer, employee, shareholder or director of the corporation or trust company. The proviso, however, makes it unlawful for that notary to protest a negotiable instrument the notary is individually a party to.