 | Hawaii Notary Handbook
Notarial Record Book
Every notary shall keep a record book in which he shall personally record at length all acts, protests, depositions, and other things, by him noted or done in his official capacity. Inasmuch as the duties of a notary are personal to him, it would be improper for a notary to delegate the recording functions to another person. Each record shall set forth the type, date, and time of day when the notary acted in his official capacity; the parties to the instrument; the persons acknowledging, verifying, etc. the instrument before him, the date of the instrument; and some memorandum as to the nature of the instrument being notarized. It is also a good idea for a notary to have each constituent appearing before him sign in his record book. Such a signature arms a notary with proof that the constituent actually appeared before him personally. Further, if the notary does not personally know the constituent, it is a good idea for the notary to record in his record book the type of identification and card number that the notary examined to satisfy himself of the constituent's identity.
The records of each notary are required to be filed with the clerk of the circuit court of the judicial circuit in which the notary resides upon the notary's resignation, death, expiration of each term of office, or removal from or abandonment of office. Upon the death of a notary, the notary's employer or personal representative shall deliver the notary's record book to the clerk of the circuit court. Failure to comply with this requirement within ninety days of the date of death, resignation, expiration of any term of office, or removal from or abandonment of office may result in the imposition of a fine not less than $50 nor more than $500.
Hawaii Notary Law
All judges and other officers authorized by law to take acknowledgments to instruments, besides the certificate of acknowledgment indorsed upon the instrument, shall keep a record of every acknowledgment in a book of records. Each record shall set forth at least the date of acknowledgment, the parties to the instrument, the persons acknowledging, the date, and some memorandum as to the nature of the instrument acknowledged. [L 1888, c 18, §1; RL 1925, §3164; RL 1935, §5150; RL 1945, §12750; RL 1955, §343-43; HRS §502-71]
The records of each notary public shall be deposited with the office of the attorney general upon the resignation, death, expiration of each term of office, or removal from or abandonment of office. If any notary fails to comply with this section within ninety days of the date of the resignation, expiration of any term of office, or removal from or abandonment of office or if the notary's personal representative fails to comply with this section within ninety days of the notary's death, then the notary or the notary's personal representative shall forfeit to the State not less than $50 nor more than $500, in the discretion of the court, in an action brought by the attorney general on behalf of the State. [PC 1869, c 77, §§1, 2; am L 1913, c 41, §1; RL 1925, §3182; RL 1935, §5208; am L 1941, c 322, §5; am L 1943, c 173, pt of §1; RL 1945, §7675; RL 1955, §168-15; HRS §456-16; am L 1976, c 200, pt of §1; am L 1978, c 122, §6; am L 1982, c 45, §2; am L 1984, c 127, §2; gen ch 1985; am L 1999, c 19, §1]
Except as otherwise provided in respect to notaries public by section 456-16, the books of record so kept shall every five years, and upon the resignation, death, or removal from office of such judge or other officer, be deposited with the clerk of the circuit court of the judicial circuit for and in which the judge or other officer was or is authorized to act. [L 1888, c 18, §2; RL 1925, §3165; RL 1935, §5151; am L 1941, c 322, §7; RL 1945, §12751; RL 1955, §343-44; HRS §502-72]
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