§502-42  Certificate, contents.  The certificate of acknowledgment shall state in substance that the person who executed the instrument appeared before the notary public granting the certificate and acknowledged or stated that the person executed the same, and that the person was personally known to the notary public granting the certificate to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be the party by the oath or affirmation of a credible witness known to the notary public whose name shall be inserted in the certificate or by other satisfactory evidence of identity under the laws of this State.  If the person who executed the instrument appeared before a notary public as a remotely located individual under section 456-23, then the certificate shall indicate that the notarial act was performed using communication technology in a manner provided in section 456-23.  It shall not be grounds for the rejection of any certificate, or for refusing to accept the instrument for record or in evidence, that the certificate fails to state that the person making the acknowledgment stated or acknowledged that the instrument was executed freely or voluntarily by the person or as the person's free act and deed. [L 1872, c 28, §2; RL 1925, §3147; RL 1935, §5134; am L 1943, c 197, §2; RL 1945, §12734; RL 1955, §343-26; HRS §502-42; gen ch 1985; am L 2020, c 54, §20]


Case Notes


  Policy of law is to uphold certificates of acknowledgment when substance is found.  15 H. 570, 573 (1904); 16 H. 294, 299 (1904); 18 H. 179, 184 (1907).

  Deed valid as between parties, even if not properly acknowledged.  49 H. 62, 63, 412 P.2d 326 (1966).  See 2 H. 161, 163 (1859); 17 H. 56, 58 (1905).