Rule 58 - Voluntary Dealing with LandsThe assistant registrar shall not record any deed, mortgage or other voluntary instrument unless the deed is signed by the grantor, and if applicable, the grantee in such deed, the mortgage is signed by the mortgagor, or the other voluntary instrument is signed by the party or parties to such instrument, which signature or signatures must be either wet-ink or electronic (as permitted by Hawai'i Adminitrative Rules Chapter 13-16), and:
(1) It contains or has indorsed upon it the full name(s) or name(s) of the grantee(s) or other person(s) acquiring or claiming an interest under the instrument, marital status and, if married, the full name(s) of the spouse(s), and the address of the grantee(s) or other person(s) acquiring or claiming an interest under the instrument;(2) The assistant registrar has verified the existence and good standing of any grantee, assignee, lessee or mortgagee which is a corporation, partnership, limited liability partnership, limited liability company, or other legal entity incorporated or organized in the state; or there is presented as to any grantee, assignee, lessee or mortgagee which is a foreign corporation, partnership, limited liability partnership, limited liability company or other legal entity: (a) evidence that such foreign entity is registered to do business and in good standing in the state; or (b) evidence in the form of a certification issued by the government official or agency with jurisdiction over the registration of the entity in the state or country of incorporation or organization, or an opinion of counsel, that such foreign entity is in good standing in its state or country of incorporation or organization. Evidence must include the date of incorporation or organization of the foreign entity. For the purposes of this subsection (b), such evidence will not be accepted by the assistant registrar more than 1 year after the last anniversary of the date of incorporation or organization of the entity.(3) It contains a reference to the proper number of the certificate affected or, in the case of documents recorded concurrently with the deed or other instrument conveying a fee simple interest, a space is provided for the assistant registrar to write, type or otherwise include the proper number of the new certificate of title;(4) Except as otherwise provided by Hawai'i Revised Statutes, Sections 502-50 to 502-52, there is indorsed, subjoined or attached thereto a certifcate of acknowledgment in the form provided or authorized in any of Hawai'i Revised Statutes, Sections 502-41, 502-42, 502-43, 502-45 or 502-47 and Hawai'i Administrative Rules Chapter 5-11;(5) Every notary public to the instrument places the notary's initials in the margin of the instrument opposite each interlineation, erasure, or change contained in the instrument, if any; and(6) The instrument can be reproduced legibly under photographic or electrostatic methods, is of a size not larger than 8 1/2 inches by 11 inches, and does not contain any exhibit having sheets in excess of such size. In addition:
(7) On all instruments to be recorded, the top 3 1/2 inches of space of the first page shall be reserved for recording information for the assistant registrar on the left half of that space, and for the registrar of conveyances on the right half of that space. The following 1 inch of space shall be reserved for information showing to whom the documents should be returned. (See Rule 67 of these Rules for the form of the first page of a document.) Each instrument shall" be stapled once in the upper left-hand corner and shall not have a cover or backer attached. Nonconforming documents may have a fly sheet that conforms with Rule 58.5 of these Rules. Any document recorded in the office of the assistant registrar shall contain a reference to the number(s) of the certificate of title of the land affected, which may be accomplished by endorsement on a conforming fly sheet, as provided by Hawai'i Revised Statutes, Section 501-108(b); and(8) All names of signatories in the instrument must be typewritten, stamped or manually or electronically printed beneath all signatures. No discrepancy in the name shall exist between the printed name as it appears in the body of the instrument, beneath the signature, and in the notary's certificate of acknowledgment. The provisions of this paragraph shall not apply to any deed or conveyance instrument executed prior to January 1, 1990.Amended October 6, 1998, effective 11/6/1998; amended November 6, 2019, effective 11/17/2019.