(a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:

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Terms Used In Hawaii Revised Statutes 456-22

  • Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 456-1.6
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Notarial act: includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. See Hawaii Revised Statutes 456-1.6
  • Notary public: means an individual commissioned to perform a notarial act by the attorney general under this chapter. See Hawaii Revised Statutes 456-1.6
  • Signature: means a tangible symbol or an electronic signature that evidences the signing of a document. See Hawaii Revised Statutes 456-1.6
(1) The person executing the document is competent or has the capacity to execute the document;
(2) The person’s signature is knowingly and voluntarily made; or
(3) The notary public has proof of the signer’s signature and identity or, if the person is a remotely located individual, satisfactory evidence of the identity under § 456-23.
(b) A notary public may refuse to perform a notarial act unless the refusal is prohibited by any provision of law other than this chapter.

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