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QUESTION 4: 1 notarized documents using an acknowledgment orjurat, and my <br /> signature, seal, date, venue (City and County of Honolulu), and commission expiration <br /> date, but without separately listing some of the other information specified in the new <br /> rules, such as the number of pages in the document. Are the documents I notarized <br /> valid and validly notarized? <br /> ANSWER: The documents are valid and validly notarized, unless the acknowledgment <br /> or jurat was fraudulent or contained a misrepresentation, or there was a defect in the <br /> document itself. We believe the law on this subject is that defects in the manner of <br /> notarization of a document do not affect the document's validity. We also believe that <br /> if you notarized a document with an acknowledgment or jurat, and your signature, <br /> seal/stamp, date, venue, and commission expiration date, the notarization is valid, and <br /> omitting newly specified information (such as the number of pages in the document or <br /> a separate description of the document)does not affect the validity of the notarization. <br /> Nor does incorrectly counting the number of pages in the document affect the validity of <br /> the notarization. <br /> QUESTION 5: The new notary rules require that my seal or stamp have my <br /> commission number on it. Can I still use my current seal or stamp, which does not have <br /> my commission number, until I get my new one? Why is the commission number now <br /> required on all seals and stamps? <br /> ANSWER: HAR § 5-11-5 requires that you "obtain and keep" an official seal or stamp <br /> which includes, among other information, your commission number. You should order a <br /> new seal or stamp with your commission number immediately, but we understand it may <br /> take some time before you actually obtain your new seal or stamp, and you may use <br /> your old seal or stamp until you obtain your new one. We believe that requiring the <br /> commission number on the notary seal and notary stamp, as many jurisdictions require, <br /> will help fight fraud involving notarized documents. <br /> QUESTION 6: 1 notarized a document with a seal/stamp that did not have my <br /> commission number on it. Was that document validly notarized? <br /> ANSWER: Yes, we believe it was validly notarized. Although each notary is required to <br /> comply with the new rules, and to obtain and keep a new seal or stamp, nothing in the <br /> rules states or indicates that a document notarized using an old seal or stamp was <br /> invalidly notarized. <br /> QUESTION 7: What should I do with my old seal or stamp? <br /> ANSWER: Neither the law nor the rules requires you to turn in your old seal or stamp, <br /> but you will need to turn it in to the Notary Public Office, along with your new seal or <br /> stamp, once you stop being a notary. If you wish, however, you may mail or hand- <br /> deliver your old seal or stamp to the Department of the Attorney General Notary Public <br /> Office, 425 Queen Street, Honolulu, HI 96813. <br /> DEPARTMENT OF THE ATTORNEY GENERAL <br /> FREQUENTLY ASKED QUESTIONS ABOUT THE NEW NOTARY RULES <br /> JUNE 25,2008 <br /> PAGE 2 <br />