HAR §5-11-1.5
HAR §5-11-1.5. Definitions
Cite as Haw. Code R. § 5-11-1.5
As used in this chapter,
unless the context requires otherwise:
"Affirmation" or "oath" means a solemn pledge
made orally or in writing by a person to attest to the
truth of the person's statement.
"Appear personally" means:
(1)
Being in the same physical location as
another person and close enough to see,
hear, communicate with, and exchange proof
of the signer's signature and identity with
that person; or
(2)
Interacting with a remotely located
individual by means of communication
technology that complies with the provisions
of section 456-23, HRS, and this chapter.
11 Conviction 11 means a formal judgment entered by a
court based on a verdict or plea of guilty or a plea
of nolo contendere.
"Department" means the department of the attorney
general.
11 Electronic notary seal" or "electronic seal"
means an electronic image that contains information
11-4
§5-11-2
attached to or logically associated with an electronic
record and that contains the notary public's name, the
notary public's commission number, and the words
"notary public" and "State of Hawaii".
"Electronic signature" has the same meaning as in
section 456-1.6, HRS.
"Identity proofing" has the same meaning as in
section 456-23, HRS.
"Notarial act" has the same meaning as in section
456-1.6, HRS.
"Notary public" has the same meaning as in
section 456-1.6, HRS.
"Person" means an individual, corporation,
business trust, statutory trust, estate, trust,
partnership, limited liability company, association,
joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality,
or any other legal or commercial entity.
"Remote online notary public" has the same
meaning as in section 456-23, HRS.
11 Signature 11 has the same meaning as in section
4 5 6 - 1. 6 , HRS .
"Stamping device" has the same meaning as in
section 456-1.6, HRS.
[Eff and comp
FEB 2 7 2022
(Auth:
HRS §§28-10.8, 456-1.5, 456-8, 456-23)
(Imp:
HRS §§456-1, 456-2, 456-13, 456-22~ 456-23, 456-24,
456-25)
§5-11-2
Commission required to act as a notary
public.
No person shall act as a notary public,
advertise or represent oneself as a notary public, or
perform notarial acts, without a current commission
obtained from the attorney general.
[Eff 5/5/08; comp
3/12/15; am and comp
FEB 2 7 2022
]
(Auth:
HRS
§§28-10.8, 456-1.5, 456-8, 456-23)
(Imp:
HRS §§456-
1, 456-26)
11-5
345Z
§5-11-3