(a) In the performance of a notarial act, a notary public‘s liability shall be limited to a failure by the notary public to perform properly the actions required for the jurat, acknowledgment, or other notarial acts. The notary public’s liability shall not be based on statements in a notarized document apart from the notarial certificate.

Terms Used In Hawaii Revised Statutes 456-6

  • Acknowledgment: means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document. See Hawaii Revised Statutes 456-1.6
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(b) For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary public’s official bond, the notary public and the surety on the notary public’s official bond shall be liable to the party injured thereby for all the damages sustained. The party shall have a right of action in the party’s name upon the bond and may prosecute the action to final judgment and execution.

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