(a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic documents. No person shall require a notary public to perform a notarial act with respect to an electronic document using a technology that the notary public has not selected.

Terms Used In Hawaii Revised Statutes 456-25

  • 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
  • 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
  • Tamper-evident: means any change to an electronic document that displays evidence of the change. See Hawaii Revised Statutes 456-1.6
(b) Prior to the performance of an initial notarial act with respect to an electronic document, the notary public shall notify the attorney general that the notary public will be performing notarial acts with respect to electronic documents and identify the technology the notary public intends to use; provided that the technology selected by a remote online notary public for remote online notarizations shall conform to the attorney general’s standards developed for this chapter.
(c) The registrar of conveyances may accept for recording under chapter 502 a tangible copy of an electronic document containing a notarial certificate as satisfying any requirement that a document accepted for recording be an original; provided that the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic document.

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