HAR §5-11-65
HAR §5-11-65. Remote online notary public commission
Cite as Haw. Code R. § 5-11-65
The attorney general shall commission a notary public
to perform remote online notarization, provided that
no remote online notary public commission shall be in
effect, nor shall a notary public perform remote
online notarization unless, in addition to the
requirements of sections 5-11-62 and 5-11-64, the
notary public:
(1)
Files a literal or photostatic copy of the
notary public's remote online notary public
commission issued by the attorney general
with the clerk of the circuit court of the
circuit in which the remote online notary
public resides within thirty days of the
receipt of the commission; and
(2)
Submits to the attorney general a tangible
copy of the notary public's electronic seal
and electronic signature.
[Eff and
comp
FEB 2 7 2022
]
(Auth:
§§28-10.8,
456-1.5, 456-8, 456-23)
(Imp:
HRS §456-24)
§5-11-66
Term of commission as remote online
notary public.
A remote online notary public's
commission to perform notarial acts for remotely
located individuals shall expire on the same date as
the notary public's commission.
11-31
§5-11-66
[Eff and comp
FEB 2 7 2022
10.8, 456-1.5, 456-8, 456-23)
456-24)
(Auth:
HRS §§28-
(Imp:
HRS §§456-1,
§5-11-67
Application for renewal of remote
online notary public commission.
(a)
Each remote
online notary public shall be responsible for timely
renewing the remote online notary public's commission
and satisfying the renewal requirements provided by
law.
A completed renewal application to perform
remote online notarial acts received by the attorney
general within sixty calendar days prior to the
expiration of the notary public's current commission
shall be considered timely filed.
(b)
At the time of commission renewal as a
remote online notary public, each remote online notary
public shall submit a completed renewal application,
pay all applicable fees, and comply with any other
requirement provided by law.
(c)
The failure to timely renew a commission as
a remote online notary public, the failure to pay all
applicable fees, the dishonoring of any check upon
first deposit, or the failure to comply with any other
requirement may cause the commission to be
automaticalll forfeited.
[Eff and comp
FEB 2 7 202
]
(Auth:
HRS §§28-10.8, 456-1.5, 456-
8, 456-23)
(Imp:
HRS §§456-24, 456-25)
§5-11-68
Means of performing a remote online
notarial act.
(a)
A remote online notary public
located in the State may perform a notarial act for
remotely located individuals only if the remotely
located individual personally appears before the
remote online notary public at the time of the
notarization.
(b)
A remotely located individual may comply
with the requirement to appear personally before a
remote online notary public by appearing before the
11-32
§5-11-69
remote online notary public by means of communication
technology.
[Eff and comp
f EB 2 7 2022
]
(Auth:
HRS §§28-10.8, 456-1.5, 456-8, 456-23)
(Imp:
HRS
§465-23)