Duties and Liabilities-Duties Flashcards
(13 cards)
What are the three qualities a notary must perform their official duties with?
Integrity, diligence, and skill
Who does a notary’s duty extend to?
All persons who may be affected by the notary’s act
Can a notary delegate their powers and duties to others?
No, the powers and duties are personal to the notary and should never be delegated
What is the first notarial act a notary public is generally confined to under Hawaii law?
Taking an acknowledgment
Define ‘acknowledgment’ in the context of notarial acts.
A public declaration or formal statement made to the official that the execution of an instrument was the person’s free act and deed
What is the written evidence of an acknowledgment called?
Certificate of the officer who takes the acknowledgment
What is an oath?
A solemn pledge or promise made by a person, often with an appeal to God, to attest to the truth of their words
What is an affirmation?
A solemn statement made as a substitute for a sworn statement by a person whose conscience does not permit swearing
What is an affidavit?
A written or printed statement of facts made voluntarily, under oath or affirmation, before an authorized officer
What does the term ‘deposition’ refer to in a legal context?
The written testimony of a witness given in a judicial proceeding, either at law or in equity, in advance of the trial
Define ‘noting a protest’.
A formal declaration made by a person expressing dissent or disapproval about an act, preserving rights or exonerating from responsibility
What is the purpose of a protest in notarial acts?
To preserve a right or exonerate a person from responsibility that could attach without an explicit dissent
When noting a protest of negotiable paper, what might a notary declare in writing?
That they presented a bill or note for payment, which was refused for certain reasons
