§ 4316. Definitions [Effective Aug. 1, 2023].
§ 4316. Definitions [Effective Aug. 1, 2023]. 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 individual signed the record with […]
§ 4331. Stamping device of a notary public [Effective Aug. 1, 2023].
§ 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 […]
§ 4317. Authority to perform notarial act [Effective Aug. 1, 2023].
§ 4317. Authority to perform notarial act [Effective Aug. 1, 2023]. (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 the […]
§ 4332. Journal of a notary public [Effective Aug. 1, 2023].
§ 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. […]
§ 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 […]