(a) A commissioner shall provide to each person whose signature is witnessed or acknowledged
by the commissioner a written notice in substantially the following form:
“LEGAL EFFECT OF CERTIFICATION BY A COMMISSIONER OF DEEDS
A certification by a Hawaii commissioner of deeds is intended only to confirm that
a document was signed by a person whose signature appears on it. It does not validate the substance, contents, or legal effect of the document, nor
indicate that the document has been approved or endorsed by any governmental authority,
including the State of Hawaii. The documents that you are signing may have legal consequences, and you may have
rights under Hawaii law. By signing below, you acknowledge that you have read and understand this.”
(b) If the person whose signature is witnessed or acknowledged by the commissioner
does not speak English, a translation of the notice required by subsection (a) shall
be provided to the person in the predominant language spoken in the country in which
the execution or acknowledgment takes place; provided that:
(1) The content of the notice may be varied as necessary to convey the intended concepts
in the other language; and
(2) Neither the commissioner nor any other person shall be liable for errors in translation
of the notice required by subsection (a) so long as a good faith effort to accurately
translate the notice was made.
(c) A commissioner of deeds shall retain, for three calendar years from the date upon
which the notice was executed, the original executed notice or a copy made by any
means capable of providing an accurate reproduction of the executed notice.
(d) Failure to provide the notice required by subsection (a) shall subject the commissioner
of deeds to a penalty in an amount to be established by the lieutenant governor by
rule adopted pursuant to chapter 91 but shall not render any agreement void or voidable,
nor shall it constitute a defense to any action to enforce the agreement or any action
for breach of the agreement by any party to the agreement.
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