§ 4315. Short title [Effective Aug. 1, 2023].
§ 4315. Short title [Effective Aug. 1, 2023]. This subchapter may be cited as the “Revised Uniform Law on Notarial Acts.” 83 Del. Laws, c. 425, § 11;
§ 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 […]
§ 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 […]
§ 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. Definitions [Effective until Aug. 1, 2023].
§ 4321. Definitions [Effective until Aug. 1, 2023]. As used in this chapter: (1) “Acknowledgment” shall mean a statement by a person that the person has executed an instrument for the purposes stated therein. If the instrument is executed in a representative capacity, an acknowledgement certifies that the person who signed the instrument did so […]
§ 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 […]
§ 4322. Notarial acts [Effective until Aug. 1, 2023].
§ 4322. Notarial acts [Effective until Aug. 1, 2023]. (a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument. (b) In taking […]
§ 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 […]
§ 4323. Notarial acts — Acts in this State [Effective until Aug. 1, 2023].
§ 4323. Notarial acts — Acts in this State [Effective until Aug. 1, 2023]. (a) A notarial act may be performed within this State by the following persons: (1) A notary public of this State; (2) A judge, clerk or deputy clerk of any court of this State; (3) A person licensed to practice law […]
§ 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 […]
§ 4324. Notarial acts — Acts in other jurisdictions of the United States [Effective until Aug. 1, 2023].
§ 4324. Notarial acts — Acts in other jurisdictions of the United States [Effective until Aug. 1, 2023]. (a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed in another state, commonwealth, territory, district or possession of the United […]
§ 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 […]
§ 4325. Notarial acts — Acts under federal authority [Effective until Aug. 1, 2023].
§ 4325. Notarial acts — Acts under federal authority [Effective until Aug. 1, 2023]. (a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed anywhere by any of the following persons under authority granted by the law of the […]
§ 4326. Foreign notarial acts [Effective until Aug. 1, 2023].
§ 4326. Foreign notarial acts [Effective until Aug. 1, 2023]. (a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or […]
§ 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 […]
§ 4327. Certificate of notarial acts [Effective until Aug. 1, 2023].
§ 4327. Certificate of notarial acts [Effective until Aug. 1, 2023]. (a) A notarial act must be evidenced by a certificate physically or electronically signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office that the notarial […]