Title 29, State Government

§ 4305. Appointment of court reporters as notaries public. The Governor may, upon the request of the Chief Justice of the Supreme Court, appoint any of the official court reporters as a notary public.29 Del. C. 1953, § 4303A; 55 Del. Laws, c. 383; 70 Del. Laws, c. 186, § 1; 76 De…

§ 4306. Appointment of notaries for certain service organizations; limited governmental notaries; limitations. (a) The Governor may, upon the request of the department commander of a State-recognized veterans’ organization, appoint 1 notary public for each requesting organization…

§ 4307. Term of office; fees; resignation. (a) An individual is to be initially commissioned as a notary public for a term of 2 years. A notary public who wishes to renew the notary public’s commission may request a 2-year reappointment or a 4-year reappointment. An individual mu…

§ 4308. Oath of office. A notary public shall take and subscribe the oath or affirmation prescribed by Article XIV of the Constitution of this State. A notary public is exempt from the recordation of the oath of office prescribed by § 9605(a) of Title 9. A notary public may not p…

§ 4309. Seal and powers [Repealed].Code 1852, § 662; Code 1915, § 1007; Code 1935, § 1138; 29 Del. C. 1953, § 4307; 63 Del. Laws, c. 85; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 253, § 1; repealed by 83 Del. Laws, c. 425, § 6, effective Aug. 1, 2023.;

§ 4310. Engraving of seal; effect of use of nonconforming seal; electronic notarial seal; notary’s official signature; electronic signature [Repealed].16 Del. Laws, c. 17; Code 1915, § 1012; Code 1935, § 1143; 29 Del. C. 1953, § 4308; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 6…

§ 4311. Fees for services. (a) The maximum fee a notary public may charge for a notarial act performed with respect to a tangible record is $5.00. (b) The maximum fee a notary public may charge for a notarial act performed with respect to an electronic record is $25. (c) The fees…

§ 4312. Special fee provisions for certain services to members of the armed forces and to veterans; penalties; jurisdiction of justices of peace. (a) No notary public or other person who is authorized by law to take the acknowledgment of instruments or to administer oaths or affi…

§ 4313. Commission; signature of Governor; seal. (a) The commission appointing a notary public must be in a form as the Secretary of State designates and must be executed by the Governor and the Secretary of State. The signatures required by this subsection may be satisfied by an…

§ 4314. Official electronic journal of notarial acts [Repealed].76 Del. Laws, c. 253, § 1; repealed by 83 Del. Laws, c. 425, § 10, effective Aug. 1, 2023.;

§ 4315. Short title. This subchapter may be cited as the “Revised Uniform Law on Notarial Acts.”83 Del. Laws, c. 425, § 11;

§ 4316. Definitions. For purposes of this chapter: (1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the …

§ 4317. Authority to perform notarial act. (a) A notarial officer may perform a notarial act authorized by this subchapter or by law of this State other than this subchapter. (b) A notarial officer may not perform a notarial act with respect to a record to which the officer or th…

§ 4318. Requirements for certain notarial acts. (a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the ackn…

§ 4319. Personal appearance required. Except as provided under § 4320 of this title, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial of…

§ 4320. Notarial act performed for remotely located individual. (a) For purposes of this section: (1) “Communication technology” means an electronic device or process that does both of the following: a. Allows a notarial officer and a remotely located individual to communicate wi…

§ 4321. Identification of individual. (a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual h…

§ 4322. Authority to refuse to perform notarial act. (a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that all of the following apply: (1) The individual executing the record is competent or has the capacity to execute the record. (2) Th…

§ 4322A. Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (n…

§ 4323. Notarial act in this State. (a) A notarial act may be performed in this State by any of the following: (1) A notary public of this State. (2) A judge, clerk, or deputy clerk of a court of this State. (3) An individual licensed to practice law in this State. (4) An individ…

§ 4324. Notarial act in another state. (a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed in that state is performed by any of the following: (1) A notary public o…

§ 4325. Notarial act under authority of federally recognized Indian tribe. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this State, if the act performed…

§ 4326. Notarial act under federal authority. (a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by any of the following: (1) A jud…

§ 4327. Foreign notarial act. (a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit o…

§ 4328. Certificate of notarial act. (a) A notarial act must be evidenced by a certificate. The certificate must meet all of the following: (1) Be executed contemporaneously with the performance of the notarial act. (2) Be signed and dated by the notarial officer and, if the nota…

§ 4329. Short form certificates. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by § 4328(a) and (b) of this title: (1) For an acknowledgment in an individual capacity: State of ________…

§ 4330. Official stamp of a notary public. The official stamp of a notary public must meet all of the following: (1) Include all of the following: a. The notary public’s name as it appears on file with the Secretary of State. b. “State of Delaware”. c. “My Commission expires on” …

§ 4331. Stamping device of a notary public. (a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. (b) On resignation from, or the revocation or expiration of, th…

§ 4332. Journal of a notary public. (a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronic…

§ 4333. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record. (a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic …

§ 4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary public. (a) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the ind…

§ 4335. Database of notaries public. The Secretary of State shall maintain an electronic database of notaries public that does all of the following: (1) Permits a person to verify the authority of a notary public to perform notarial acts. (2) Indicates whether a notary public has…

§ 4336. Prohibited acts of a notary public. (a) A commission as a notary public does not authorize an individual to do any of the following: (1) Assist persons in drafting legal records, give legal advice, or otherwise practice law. (2) Act as an immigration consultant or an expe…

§ 4337. Validity of notarial acts. Except as otherwise provided in § 4317(b) of this title, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a …

§ 4338. Regulatory authority. (a) The Secretary of State may adopt rules to implement this chapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation o…

§ 4339. Notary public commission in effect. A commission as a notary public in effect on August 1, 2023, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after August 1, 2023, is subject to and shall comply with th…

§ 4340. Applicability; savings clause. (a) This subchapter applies to a notarial act performed on or after August 1, 2023. (b) This subchapter does not affect the validity or effect of a notarial act performed before August 1, 2023.83 Del. Laws, c. 425, § 11;

§ 4341. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.83 Del. Laws, c. 425, § 11;

§ 4342. Relation to Electronic Signatures in Global and National Commerce Act. This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or…