§456-6 - Liabilities; limitations on; official bond.
§456-6 Liabilities; limitations on; official bond. (a) In the performance of a notarial act, a notary's liability shall be limited to a failure by the notary to perform properly the actions required for the jurat, acknowledgment, or other notarial act. The notary's liability shall not be based on statements in a notarized document apart from the notarial certificate.
(b) For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary's official bond, the notary and the surety on the notary's official bond shall be liable to the party injured thereby for all the damages sustained. The party shall have a right of action in the party's own name upon the bond and may prosecute the action to final judgment and execution. [L 1941, c 322, pt of §4; RL 1945, §7666; RL 1955, §168-6; HRS §456-6; gen ch 1985; am L 1996, c 18, §1]