(a) A person commits the offense of failure to authenticate with a certification statement if the person is a commissioned notary public and knowingly performs a notarial act with respect to a document and fails to include any of the following in the notary certification:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 456-21

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 456-1.6
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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) Date of notarization and signature of the notary public;
(2) The printed name, date of expiration, and stamp or seal of the notary public; and
(3) Identification of the jurisdiction in which the notarial act is performed.
(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be stamped, impressed, or attached on the certificate. If a notarial act is performed regarding a tangible record by a notary public and the certificate contains the information specified in this section, an official stamp shall be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in this section, an official stamp shall be attached to or logically associated with the certificate.
(c) Any person who violates this section shall be guilty of a misdemeanor and shall be sentenced in accordance with chapter 706.
(d) A conviction under this section shall result in the automatic revocation of the notary public’s commission.