HI Notary - Hawaii Notary Remote Online Notarization Questions and Answers 1 — Questions and Answers
Question 1: A Hawaii notary is performing a Remote Online Notarization (RON) for a signer they do not personally know. Which of the following is an approved method for verifying the signer's identity?
- Receiving a sworn written statement from a single credible witness known to the signer but not the notary.
- Visually matching the signer to a single, valid government-issued ID presented on camera.
- Having the signer answer a series of questions from a third-party data source and analyzing their government-issued ID using specialized software. (Correct answer)
- Accepting a notarized affidavit of identity that was mailed to the notary in advance.
Correct answer: Having the signer answer a series of questions from a third-party data source and analyzing their government-issued ID using specialized software.
Hawaii law requires a robust, multi-step process for remote identity verification. This includes both credential analysis (using software to check the security features of an ID) and knowledge-based authentication (KBA), where the signer must correctly answer questions based on their personal history. A single form of ID or a witness not known to the notary is insufficient for RON.
Question 2: According to Hawaii law, where must a notary public be physically located while performing a remote online notarization?
- Anywhere in the United States, as long as the signer is a Hawaii resident.
- Within the State of Hawaii. (Correct answer)
- In the same county where their commission is registered.
- Anywhere, as long as their RON technology platform is based in Hawaii.
Correct answer: Within the State of Hawaii.
Hawaii Revised Statutes require that the notary public must be physically located within the State of Hawaii at the time the remote online notarial act is performed, regardless of the signer's location.
Question 3: A Hawaii remote online notary completes a notarization for a real estate document. For what minimum period must the notary retain the audio-visual recording of this notarial session?
- 5 years
- 7 years
- 10 years (Correct answer)
- For the duration of the notary's active commission.
Correct answer: 10 years
Hawaii Revised Statutes §456-23 mandates that the audio-visual recording of a remote online notarization must be retained for a period of no less than ten years after the recording is made.
Question 4: Which of the following is a specific requirement for the technology platform used by a Hawaii remote online notary?
- The platform must allow the signer to pre-record their signature.
- The platform must provide continuous, synchronous audio-visual communication. (Correct answer)
- The platform must be developed and owned by a company headquartered in Hawaii.
- The platform must automatically delete the recording after 30 days for privacy.
Correct answer: The platform must provide continuous, synchronous audio-visual communication.
Hawaii Administrative Rules specify that the communication technology for RON must provide continuous, synchronous audio-visual feeds, allowing the notary and the signer to see and speak with each other in real-time. Pre-recording is not permitted, and the platform must securely store the recording for ten years, not delete it.
Question 5: A Hawaii-commissioned remote notary is asked to notarize a document for a U.S. citizen who is currently located in Japan. The document pertains to property located in Hawaii. What must the notary confirm before proceeding?
- That the signer has a valid Japanese visa.
- That the notarial act is not prohibited by the laws of Japan. (Correct answer)
- That the signer intends to return to Hawaii within one year.
- That a U.S. embassy official is present with the signer as a witness.
Correct answer: That the notarial act is not prohibited by the laws of Japan.
Hawaii Revised Statutes §456-23(c)(2)(B) allows a remote notarization for an individual outside the U.S. provided that, among other requirements, the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
Question 6: Regarding record-keeping for a remote online notary in Hawaii, which of the following is true?
- A remote online notary is exempt from keeping a tangible journal if they only perform remote notarizations.
- The audio-visual recording of the RON session is the only record required; no separate journal entry is needed.
- A remote online notary must maintain an electronic journal for electronic documents in addition to any tangible journal they use for paper documents. (Correct answer)
- Electronic journals for RON acts must be printed out and bound at the end of each calendar year.
Correct answer: A remote online notary must maintain an electronic journal for electronic documents in addition to any tangible journal they use for paper documents.
Hawaii law requires notaries to maintain separate journals for tangible and electronic notarial acts. A remote online notary must keep a permanent, tamper-evident electronic journal for all remote notarizations, which is distinct from the bound, tangible journal used for in-person, paper-based notarizations.
