§ 4318. Requirements for certain notarial acts [Effective Aug. 1, 2023].
§ 4318. Requirements for certain notarial acts [Effective Aug. 1, 2023]. (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 acknowledgment has the identity claimed and that the signature […]
§ 4319. Personal appearance required [Effective Aug. 1, 2023].
§ 4319. Personal appearance required [Effective Aug. 1, 2023]. 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 officer. 83 Del. Laws, c. […]
§ 4320. Notarial act performed for remotely located individual [Effective Aug. 1, 2023].
§ 4320. Notarial act performed for remotely located individual [Effective Aug. 1, 2023]. (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 with each other simultaneously by sight and sound. b. […]
§ 4321. Identification of individual [Effective Aug. 1, 2023].
§ 4321. Identification of individual [Effective Aug. 1, 2023]. (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 has the identity claimed. (b) A notarial officer has satisfactory […]
§ 4322. Authority to refuse to perform notarial act [Effective Aug. 1, 2023].
§ 4322. Authority to refuse to perform notarial act [Effective Aug. 1, 2023]. (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) The individual’s […]
§ 4322A. Signature if individual unable to sign [Effective Aug. 1, 2023].
§ 4322A. Signature if individual unable to sign [Effective Aug. 1, 2023]. 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 (name of other individual) at the […]
§ 4323. Notarial act in this State [Effective Aug. 1, 2023].
§ 4323. Notarial act in this State [Effective Aug. 1, 2023]. (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 […]
§ 4324. Notarial act in another state [Effective Aug. 1, 2023].
§ 4324. Notarial act in another state [Effective Aug. 1, 2023]. (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 […]
§ 4325. Notarial act under authority of federally recognized Indian tribe [Effective Aug. 1, 2023].
§ 4325. Notarial act under authority of federally recognized Indian tribe [Effective Aug. 1, 2023]. (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 in the jurisdiction of […]
§ 4326. Notarial act under federal authority [Effective Aug. 1, 2023].
§ 4326. Notarial act under federal authority [Effective Aug. 1, 2023]. (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 […]