A remote online notary public has satisfactory evidence of
the identity of a remotely located individual if the remote online notary
public has personal knowledge, as defined in paragraph (1), of the identity of
the remotely located individual or if the remote online notary public has
satisfactory evidence of the identity of the remotely located individual by
oath or affirmation of a credible witness, as defined in paragraph (2),
appearing before the remote online notary public.
(1) Personal knowledge. A remote online
notary public has personal knowledge of the identity of the remotely located
individual appearing before the remote online notary public if the remotely
located individual is personally known to the remote online notary public
through dealings sufficient to provide reasonable certainty that the remotely
located individual has the identity claimed; or
(2) Credible witness. To be a credible
witness, the witness shall have personal knowledge of the remotely located
individual who has made a statement in or executed a signature on the record
that is the subject of the notarial act. The remote online notary public shall
have personal knowledge of the credible witness or shall have verified the
identity of the credible witness under section
5-11-69. A credible witness may
be a remotely located individual if the remote online notary public, credible
witness, and remotely located individual whose statement or signature is the
subject of the notarial act can communicate by using communication
technology.
Notes
Haw. Code R. §
5-11-70
[Eff
and comp 2/27/2022] (Auth: HRS §§
28-10.8,
456-1.5,
456-8, 45623) (Imp: HRS
§§
456-20,
456-23)
