§ 4327. Foreign notarial act [Effective Aug. 1, 2023]. (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 of the foreign state […]
§ 4328. Certificate of notarial act [Effective Aug. 1, 2023]. (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 notarial officer is a […]
§ 4328. Short forms [Effective until Aug. 1, 2023]. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by § 4327(a) of this title: (1) For an acknowledgment in an individual capacity: State of ________________________________ County of ________________________________ This instrument was acknowledged before me […]
§ 4329. Electronic certificate of authority [Effective until Aug. 1, 2023]. (a) Form of evidence of authority of electronic notarial act. — On a notarized electronic document transmitted to another state or country outside of the United States, electronic evidence of the authenticity of the official signature and seal of an electronic notary of the […]
§ 4329. Short form certificates [Effective Aug. 1, 2023]. 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 ________________ County of ________________ This record was acknowledged […]
§ 4330. Official stamp of a notary public [Effective Aug. 1, 2023]. 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 [Effective Aug. 1, 2023]. (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, the notary public’s […]
§ 4332. Journal of a notary public [Effective Aug. 1, 2023]. (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 chronicled in the journal. […]
§ 4333. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record [Effective Aug. 1, 2023]. (a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform […]
§ 4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary public [Effective Aug. 1, 2023]. (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 individual lacks the […]
§ 4335. Database of notaries public [Effective Aug. 1, 2023]. 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 notified the Secretary of […]
§ 4336. Prohibited acts of a notary public [Effective Aug. 1, 2023]. (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 expert on immigration […]
§ 4337. Validity of notarial acts [Effective Aug. 1, 2023]. 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 notarial act […]
§ 4338. Regulatory authority [Effective Aug. 1, 2023]. (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 or application of a specific technology or technical specification. […]
§ 4339. Notary public commission in effect [Effective Aug. 1, 2023]. 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 […]
§ 4340. Applicability; savings clause [Effective Aug. 1, 2023]. (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 [Effective Aug. 1, 2023]. 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 [Effective Aug. 1, 2023]. 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 authorize electronic delivery of any of […]
