§456-15  Journal; copies as evidence.  (a)  A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.

     (b)  A journal may be created on a tangible medium or in an electronic format.  A notary public shall maintain only one tangible journal at a time to chronicle all notarial acts performed regarding tangible documents and one electronic journal at a time to chronicle all notarial acts performed regarding electronic documents.  If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages.  If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with all rules adopted by the attorney general pursuant to this chapter.

     (c)  A notary public having the care and custody of the journal may cause the same to be photographed, microphotographed, reproduced on film, or copied to an electronic format.  Any device or electronic storage system used to copy or reproduce the journal shall accurately reflect all details of the information in the original thereof.

     (d)  A photograph, microphotograph, reproduction on film, or electronic copy of a journal shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies.  A transcript, exemplification, facsimile, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, facsimile, or certified copy of the original record.

     (e)  An entry in a journal shall be made contemporaneously with performance of the notarial act and contain the following information:

     (1)  The type, date, and time of day of the notarial act;

     (2)  The title or type and date of the document or proceeding and the nature of the act, transaction, or thing to which the document relates;

     (3)  The full printed name and address of each person whose signature is notarized and of each witness and, if the journal is maintained in a tangible medium, the signature of that person;

     (4)  If the identity of the person is based on personal knowledge, a statement to that effect;

     (5)  If the identity of the person is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the identification number and date of expiration of any identification credentials; and

     (6)  The fee, if any, charged by the notary public.

     (f)  If a notary public's journal is lost or stolen, the notary public shall promptly notify the attorney general upon discovering that the journal is lost or stolen.

     (g)  On resignation from, or the expiration, revocation, or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with this section and provide to the attorney general the location of the journal.

     (h)  On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the attorney general or a repository approved by the attorney general.

     (i)  All copies or certificates granted by the notary public shall be under the notary public's hand and notary seal and shall be received as evidence of such transactions.

     (j)  The journals are subject to any reasonable periodic, special, or other audits or inspections by the department of the attorney general, within or without the State, as the attorney general considers necessary or appropriate.  An audit or inspection may be made at any time and without prior notice.  The department of the attorney general may copy, and remove for audit or inspection copies of, all records that the department of the attorney general reasonably considers necessary or appropriate to conduct the audit or inspection.  If any notary public fails to comply with this section, the notary public shall be subject to an administrative fine of no less than $50 nor more than $500.  All unpaid fees, fines, and forfeitures shall constitute a debt due and owing to the State. [CC 1859, §1273; RL 1925, §3181; RL 1935, §5207; RL 1945, §7674; RL 1955, §168-14; HRS §456-15; gen ch 1985; am L 1995, c 141, §2; am L 2008, c 175, §8; am L 2020, c 54, §15]

 

 

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