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November 18, 2024

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While Delaware’s Notaries are appointed by the Governor (29 DC 4301), it is the Secretary of State who directly regulates and maintains records on them: “In addition to the notaries public authorized to be appointed under §§ 4302-4306 of this title, an individual qualified under subsection (b) of this section may apply to the Governor for a commission as a notary public…. The Governor may delegate the Governor’s duties relative to the appointment of notaries under this chapter to the Secretary of State” (29 DC 4301[a]).

Contact Information

1. Address: Office of Secretary Department of State
   Notary Public Section
   401 Federal St.
   Dover, DE 19901

2. Phone: 302-739-3073

3. Website: https://notary.delaware.gov

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1. Types of Notaries

   1. Traditional Notaries: “[T]his is the most typical type of notary” (website, “How to Apply For a Notary Commission”).

   2. Limited Governmental Notaries: “This type of commission may be issued to any employee of any State of Delaware agency. It may also be issued to any employee of a Delaware Police Agency, whether that Police Agency is State, local, county or municipal. This type of commission must be approved by the employer, has no application fee, and has no expiration date as long as the employee works for the agency. A Limited Governmental Notary may not charge any fee for a notarial act and the duties permitted by this type of Notary are set by the agency according to their needs….” (website, “How to Apply For a Notary Commission”; see 29 DC 4306[c] and [d]).

   3. Notaries for Certain Service Organizations: “This type of commission may be issued to 1 notary public for each State recognized veterans’ organization; or 1 notary public for each volunteer fire company or volunteer ambulance and rescue company. Notary Public Commissions under this category are for the term of 4 years with no application fee. Notaries commissioned under this category can only perform notarial acts in connection with their organization and without charge as follows:
      “• In the case of a notary appointed for a veterans’ organization, for the benefit of any veteran, their families and dependents.
      “• In the case of a notary appointed for a volunteer fire company or volunteer ambulance and rescue company, for the benefit of any member of the organization to include their families and dependents” (website, “How to Apply For a Notary Commission”; see 29 DC 4306[a]).

   4. Justice of the Peace; Secretary of Finance: “The Governor shall appoint every person who is appointed to the office of justice of the peace and as Secretary of Finance also as a notary public” (29 DC 4303).

   5. Bank Notaries: “The Governor shall appoint 1 notary public for each trust company, bank, banking association or branch or branches thereof in this State, whether state or national, chartered or organized under the laws of this State or of the United States” (29 DC 4304).

   6. Court Reporters: “The Governor may, upon the request of the Chief the official court reporters as a notary public” (29 DC 4305).

2. Qualifications

   1. Notaries Public: An applicant for a commission as a Delaware “traditional” Notary Public must:
      (1) Be at least 18 years of age.
      (2) Be a citizen or permanent legal resident of the United States.
      (3) Be a resident of or have a place of employment or practice in this State.
      (4) Be able to read and write English.
      (5) Not be disqualified to receive a commission under 29 DC 4334.
      (6) Comply with other requirements established by the Secretary of State by regulation as necessary to ensure the competence, integrity, and qualifications of a notary public and the proper performance of notarial acts (29 DC 4301[b]).
      Individuals convicted of a felony who have not had their rights restored, as well as applicants convicted of a crime involving dishonesty or moral turpitude, are not eligible for a Delaware Notary commission (website, (website, “How to Apply For a Notary Commission”).

   2. Limited Governmental Notaries: An individual may be appointed as a Delaware “limited governmental Notary” if:
      (1) The individual is an employee of a state governmental agency or unit or an employee of a qualified police agency.
      (2) The individual submits an application form completed by the individual and an employer request and approval form (29 DC 4306[d][1]b).

3. Course: Not required.

4. Exam: Not required.

5. Application

   1. Submitted Online: “Notary applications and renewals are now submitted online. As part of this online process, an email address will be required since all correspondence, including commission certificates and renewal notices will be sent electronically by email. Applicants will receive further instructions and information by email throughout the application process. During the application process, each notary applicant will establish a notary profile which will be used to track the status of applications, and update information and renew commissions in the future” (website, “How to Apply for a Notary Commission”).

   2. Letters of Reference No Longer Required: Applicants no longer submit letters of reference. Once an application is submitted, applicants will receive further instructions and information by email throughout the process. Commission certificates will be issued via email (website, “How to Apply For a Notary Commission”).

   3. Term Length: First-time applicants must apply for a two-year term.

   4. Application Fee: A first-time applicant must remite remit a non-refundable application fee of $60. Valid methods of payment are electronic only, including electronic checks from business or personal checking accounts, and Visa, MasterCard, Discover and American Express credit cards.

6. Background Screening: Not required.

7. Oath of Office: Once the Notary receives the commission certificate by email, he or she should print it out, sign it, take the oath of office before another Notary Public, and then return a copy to the Notary Public Section of the Secretary of State’s office by email to notary@delaware.gov.
   “A notary public shall severally 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 perform notarial acts until a copy of the fully executed oath is received by the Secretary of State in an electronic or paper document format deemed acceptable by the Secretary of State” (29 DC 4308).

8. Nonresidents: Individuals who are not Delaware residents may apply for a Delaware Notary commission if they have a place of employment or practice in Delaware (29 DC 4301[b][3]). The nonresident applicant must include in the application for a Notary commission their residential address and the address of their place of employment or practice in Delaware (29 DC 4301[c][1]).
   “Service of process, subpoenas, and other documents on a nonresident individual who is a notary public may be made personally or by leaving them with any person of suitable age and discretion at the individual’s place of employment or practice in this State. Substituted service is effectual if served on the Secretary of State, under § 376(b) of Title 8 if the place of employment or practice has been closed or the individual ceases to be regularly employed or regularly practice at the filed place of employment or practice address. The Secretary of State shall forward such documents received under this paragraph (c)(2) to the individual at the filed residential address” (29 DC 4301[c][2]).

9. Reappointment

   1. Notification: “How will I know when it is time to renew my commission? — Please check your notary seal. Delaware law requires the commission expiration date to be contained in the seal. If you have created a notary profile you will also receive an email notification approximately 30 days before your commission expires. Renewal notices are no longer sent out by mail” (website, “Frequently Asked Questions”).

   2. Submitted Online: “In order to submit renewal applications, existing notaries who have not previously created a notary profile must first visit notaryforms.delaware.gov to complete the process” (website, “How to Apply For a Notary Commission”).
      To renew a commission, “[y]ou must log into your notary profile and click the “Renew Commission” link. Your current information will be displayed. Please review and update the information as required, then submit and pay for your renewal” (website, “How Do I”).

   3. Term Length: Renewing applicants may apply for either a two-year term or a four-year term.

   4. Application Fee: The fee for a two-year term is $60 and $90 for a four-year term. Payment methods are the same as for an initial Notary Public commission.

   5. Timline for Application: The application may be submitted no sooner than 30 days prior to commission expiration (website, “Renew Commission”). There is no application fee for Limited Governmental Notaries or for Certain Service Organization Notaries.

10. No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees” (29 DC 4301[d][3]).

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“A notarial act may be performed within this State by the following: … [a] notary public of this State” (29 DC 4323[a][1]).

Term Length

1. Notaries Public: “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” (29 DC 4307[a]).

2. Limited Governmental Notaries: “An appointment under paragraph (d)(1) of this section expires on the end of the individual’s employment with a state governmental agency or unit or qualified police agency” (29 DC 4306[d][2]a).

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1. Notarial Acts: Delaware Notaries are authorized to perform the following notarial acts (29 DC 43214316[135]b):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies;

   6. Note protests of negotiable instruments.

2. In-Person Electronic and Remote Notarial Acts: Delaware Notaries who have notified the Secretary of State of their intent to perfrom perform technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.

Acknowledgments

1. DefinitionsDefinition

   1. Acknowledgment: “‘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 proper authority and signed it as the act of the individual or entity identified in the record” (29 DC 4316[1]).

   Requirements

   1. Identity and Signature: “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 on the record In a Representative Capacity: “'In a representative capacity' means acting as one of the following:
      “a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
      “b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
      “c. An agent or attorney-in-fact for a principal.
      “d. An authorized representative of another in any other capacity” (29 DC 4316[4]).

2. Requirements

   1. Identity of Principal: “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 …” (29 DC 4318[a]).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (29 DC 4318[a]).
      “The principal signer is acknowledging to the notary that the signature on the document is indeed the principal signer’s, and that the document was signed willing for its stated purpose” (DNH).

   3. Representative Capacity: “If the document is signed and acknowledged in a representative capactity, the person who signed the document acknowledges to the notary that they did so on behalf of and as the act of the actual named document signer, who granted representative powers to the person present before the notary. (Only acknowledgment notarial acts may be performed for a person signing in a representative capacity.” capacity” (DNH).

   4. Verbal Ceremony: “To take a signer’s acknowledgment, the notary … performs a verbal ceremony by asked the signer a question in substantially the following form: ‘Do you acknowledge and declare that you understand this record and have signed it voluntarily for the purposes stated in it?” The signer’s response, “Yes,” completes the verbal ceremony” (DNH).

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1. Definition: “‘Verification upon oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (29 DC 4316[15]).

2. Requirements

   1. Identity and Signatureof Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and …” (29 DC 4318[b]).

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (29 DC 4318[b]).

   3. Verbal Ceremony: “When performing a verification notarial act, the notary administers a verbal ceremony, asking the principal signer about the truth of the record’s contents. To complete the verbal ceremony and for the notarization process to proceed, the principal signer must verbally respond by saying “Yes” or “I do” or otherwise answering affirmatively” (DNH).

   4. Oath Form: “Do you swear under the penalties of perjury that the information contained in this record is the truth, so help you God?” (DNH).

   5. Affirmation Form: “Do you affirm under the penalties of perjury that the information contained in this record is the truth?” (DNH).

   6. Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (29 DC 4329[3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.

Witnessing or Attesting Signatures

Requirements

1. Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (29 DC 4318[c]).

Copy Certifications

1. Requirements

   Full, True, and Accurate Copy: “A notarial officer who certifies or attests a copy of a record or an

   Witness Signature: The short form certificate of notarial act for a signature witnessing (29 DC 4329[4]) states, “Signed (or attested) before me …” indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.

Copy Certifications

1. Requirements

   1. Full, True, and Accurate Copy: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (29 DC 4318[d]).

   2. Prohibited Copies: “A notarial officer may not attest to a copy of an official or public record that must be certified by a public official” (29 DC 4318[d]).
      For example, Notaries may not certify a copy of a recorded deed nor of a birth certificate (website, “Frequently Asked Questions”).
      The “Delaware Notary Handbook” lists examples of records that a Notary may not copy certify. These include deeds, mortgages, vital records, recorded powers of attorney, probated wills, military discharges, certain documents under the Uniform Commercial Code, pleadings, and any document marked “filed” or “recorded.”

2. Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (29 DC 4317[c]).

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1. Blindness: “When a principal signer is blind or has impaired sight, a key concern is whether the principal signer is aware of the full contents of the record presented for notarization…. If the principal signer indicates awareness of the record’s full contents, then their inability to see is not an automatic barrier to notarization.
   “If the principal signer seems unsure about the full contents of the record, explain that a notary has a duty to be assured that they principal signer is aware of the contents and effect of a record presented for notarization. Ask if the principal wishes for a trusted party … or ask if the principal wishes you to read the record aloud to the principal, prior to notarization” (DNH).

2. Hearing Impairment: “The problem with a hard-of-hearing principal signer is one of communication between the signer and the notary…. Alternatively, if a hard-of-hearing signer indicates that they can read lips, then perhaps the notary and signer may communicate directly. The notary and signer might also communicate directly through written notes. The notary should keep thse these notes” (DNH).

Signature by Proxy

“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 direction of (name of individual)’ or words of similar import” (29 DC 43322A4322A).

Documents with Blanks

“Should I notarize a document that contains blanks? — No. If blanks remain in a document after notarization takes place, the possibility exists that the document can be altered. A notary should do everything possible to ensure the integrity of the document being notarized. Therefore, if you are presented a document that contains blanks, please indicate these to the signer. The signer must fill in the blanks with information or if the blank does not apply, the signer should write in “N/A” or “not applicable.” The notarization cannot proceed until all blanks are filled in” (website, “Frequently Asked Questions”).

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1. Applicable Law: Delaware has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarial acts for remotely located individuals. These provisions are summarized below.

2. Technology Sytems

   1. Approval of System Providers: Required.

   2. List of System Providers: The Delaware Secretary of State publishes a list of approved system providers for use by Delaware Notaries at https://notary.delaware.gov/approved-technology-providers.

3. Personal Appearance: “A remotely located individual may comply with [29 DC] § 4319 of this title by using communication technology to appear before a notarial officer” (29 DC 4320[b]).
   “'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. When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (29 DC 4320[a][1]).

4. Confirmation of Record: “A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … the [t]he notarial officer is able reasonably to confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (29 DC 4320[c][2]).

5. Audio-Visual Recording: For the requirement that a Notary who performs notarial acts for remotely located individuals keep a recording of each notarial act, see “Records of Notarial Acts,” above.

6. Principals Located Outside the U.S.: “A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … any [a]ny of the following apply … [f]or a remotely located individual located outside the United States, all of the following apply:
   “a. Any of the following apply:
   “1. The record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States.
   “2. The record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.
   “b. The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (29 DC 4320[c][4]).

7. Remote Oaths: “A notarial officer located in this State may use communication technology under subsection (c) of this section to administer an oath to a remotely located individual if, except as otherwise provided by other law of this State, the notarial officer does all of the following:
   “(1) Identifies the individual under paragraph (c)(1) of this section.
   “(2) Creates or causes the creation under paragraph (c)(3) of this section of an audio-visual recording of the individual taking the oath.
   “(3) Retains or causes the retention under subsection (k) of this section of the recording” (29 DC 4320[h]).

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1. Acknowledgments Only: “A notarial officer located in this State may use communication technology under subsection (c) of this section to take an acknowledgment of a signature on a tangible record physically present before the notarial officer if the record is displayed to and identified by the remotely located individual during the audio-visual recording under paragraph (c)(3) of this section” (29 DC 4320[d]).

2. Confirmation of Paper Record: “The requirement under paragraph (c)(2) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notarial officer is satisfied if all of the following apply:
   “(1) The remotely located individual does all of the following:
   “a. During the audio-visual recording under paragraph (c)(3) of this section, signs all of the following:
   “1. The record.
   “2. A declaration, in substantially the following form, that is part of or securely attached to the record: I declare under penalty of perjury that the record of which this declaration is a part or to which it is attached is the same record on which (name of notarial officer), a notarial officer, performed a notarial act and before whom I appeared by means of communication technology on (date).
   __________ Signature of remotely located individual
   __________ Printed name of remotely located individual
   “b. Sends the record and declaration to the notarial officer not later than 3 days after the notarial act was performed.
   “(2) The notarial officer does all of the following:
   “a. In the audio-visual recording under paragraph (c)(3) of this section, records the individual signing the record and declaration.
   “b. After receipt of the record and declaration from the individual, executes a certificate of notarial act under [29 DC] § 4328 of this title, which must include a statement in substantially the following form: I (name of notarial officer) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date)” (29 DC 4320[e]).

3. Audio-Visual Recording: A notarial officer who performs a notarial act using communication technology on a paper record must make an audio-visual recording of the notarial act. In the audio-visual recording, the notarial officer must record the individual signing the record and declaration (29 DC 4320[e][2]a); see “Records of Notarial Acts,” below).

4. Certificate of Notarial Act: After receipt of the paper record and declaration from the individual, the notarial officer must execute the certificate of notarial act, which must include the following statement or words of similar import: “ I (name of notarial officer) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date)” (29 DC 4320[e][2]b).

5. Alternative Procedures Authorized: “Subsection (e) of [29 DC 4320] does not preclude use of another procedure to satisfy paragraph (c)(2) of [29 DC 4320] for a notarial act performed with respect to a tangible record.” (29 DC 4320[eg]).

6. Effective Date of Paper Remote Notarial Act: “A notarial act performed in compliance with subsection (e) of this section complies with § 4328(a)(1) of this title and is effective on the date the remotely located individual signed the declaration under paragraph (e)(1)a.2. of this section” (29 DC 4320[f]).

7. Rules and Standards: “In addition to adopting regulations under § 4338 of this title, the Secretary of State may adopt regulations under this section regarding performance of a notarial act. The regulations may do any of the following:
   “(1) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology.
   “(2) Establish standards for communication technology and identity proofing.
   “(3) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing.
   “(4) Establish standards and a period for the retention of an audio-visual recording created under paragraph (c)(3) of this section.
   “(5) Prescribe methods for a notarial officer to confirm under subsections (d) and (e) of this section the identity of a tangible record.” (29 DC 4320[m]).

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SEAL AND SIGNATURE

Definitions

1. Official Stamp: “'Official stamp' means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record” (29 DC 4316[8]).

2. Stamping Device: “'Stamping device' means any of the following:
   “a. A physical device capable of affixing to or embossing on a tangible record an official stamp.
   “b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (29 DC 4316[13]).

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Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate” (29 DC 4328[b]).

   2. Other Notarial Officers: Permitted.
      “If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in paragraph (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to or embossed on the certificate” (29 DC 4328[b]).

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1. Notarial Acts

   1. Rubber Stamp or Embosser: “'Stamping device' means any of the following:
      “a. A physical device capable of affixing to or embossing on a tangible record an official stamp.
      “b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (29 DC 4316[13]).

   2. Photocopiable: “The official stamp of a notary public must … [b]e capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (29 DC 4330[2]).

   3. Shape and Size: Not specified.

   4. Components:

      1. Name of Notary, exactly as it appears on commission;

      2. “Notary Public”;

      3. “State of Delaware”;

      4. “My Commission expires on (date)”.*

      5. Other information required by the Secretary of State, if any (29 DC 4330[1][d] and website, “Frequently Asked Questions”).
         * The official stamp of a limited government Notary Public must contain the statement, “My commission expires upon office” (29 DC 4306[d][2]c).

2. Electronic and Remote Notarial Acts: “What are the requirements for the Notary Seal? — For Electronic/Remote Notaries: It must be an electronic seal and signature that conform to generally accepted standards for secure electronic notarization and must contain the words ‘My Commission expires on’ and the commission expiration date, and the words ‘Notary Public’ and ‘State of Delaware’” (website, “Frequently Asked Questions”).

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The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals (shaded) which are allowed by Delaware law. Formats other than these may also be permitted.

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Non-Conforming Seals

“If the official seal of any notary public is not engraved in conformity with this section, it shall not invalidate an official act, but such act shall be as valid as though the seal had been engraved in conformity with the requirements of this section … Any notary public failing to comply with the requirements of this section may be removed by the Governor for neglect” (29 DC 4310[b] and [h]).

Loss, Stolen or Damaged Seal

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Loss, Stolen or Damaged Seal

“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall promptly notify the Secretary of State on discovering that the device is lost or stolen” (29 DC 4331[d]).

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Under 29 DC 4306(d), the seals of limited governmental Notaries appointed by the Governor must conform with Section 4330, except that the commission expiration date must be replaced by “My Commission expires upon office” (29 DC 4306[d][2][c]). For a further discussion of Limited Governmental Notaries, see “Notarial Acts in Delaware” under “Recognition of Notarial Acts.”

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1. Journal

   1. Notarial Acts: Required. “A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (29 DC 4332[a]).

   2. In-Person Electronic Notarial Acts: Required (29 DC 4332[a]).

   3. Remote Notarial Acts: Required (29 DC 4332[a]).

2. Recording of Remote Notarial Acts: Required.
   “A notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if … [t]he notarial officer, or a person acting on behalf of the notarial officer, creates an audio-visual recording of the performance of the notarial act” (29 DC 43224320[c][3]).

Format of Journal

1. Tangible or Electronic: “A journal may be created on a tangible medium or in an electronic format” (29 DC 4332[b]).

2. Tangible Journal: “If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages” (29 DC 433024332[b]).

3. Electronic Journal: “If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with regulations adopted by the Secretary of State” (29 DC 4332[b]).

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“(a) Any document presented to the recorder for recording which contains a certificate of a notarial act as defined by §§ 43214316(35) and 4327 4328 of Title 29 (existing or as amended), shall, in addition to other matters which may be required by law, identify the name and title of the notarial officer who executed the certificate in a legible manner which is suitable for micrographic or electronic reproduction.
“(b) The use of a typewriter, printer or rubber stamp which when applied to the instrument produces the printed information required by subsection (a) of this section shall also be authorized.
“(c) The recorder may refuse to record any document that contains a certificate of a notarial act which does not comply with subsection (a) of this section unless the person recording the instrument pays a penalty equal to the authorized recording fee for said document.
“(d) The recording of any instrument which does not comply with subsection (a) of this section shall not affect its validity or admissibility as a public record” (9 DC 9611).

Rubber Stamp Encouraged: “Notaries must now legibly identify their name and title on all documents to be recorded as public land records. To accomplish this, the use of a typewriter or rubber stamp is encouraged” (spokesperson for office of Secretary of State).

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RECOGNITION OF NOTARIAL ACTS

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“(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 of that state.
“(2) A judge, clerk, or deputy clerk of a court of that state.
“(3) Any other individual authorized by the law of that state to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act.” act” (29 DC 4324).

Notarial Acts Under Authority of Federally Recognized Indian Tribes

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“(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 or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notarial officer of this State.
“(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office office” (29 DC 4327).

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AUTHENTICATION OF NOTARIAL ACTS

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Authenticating certificates for Notaries, including apostilles, are issued by the Division of Corporations in the Delaware Secretary of State’s office. (See “Certifications, Apostilles and Authentication of Documents” at www.corp.delaware.gov.)

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1. Address (Express Mail)
   Delaware Secretary of State
   Division of Corporations
   John G. Townsend Building
   401 Federal St., Suite 4
   Dover, DE 19901

2. Address (Regular Mail)
   Delaware Secretary of State
   Division of Corporations
   PO Box 898
   Dover, DE 19903

3. Phone: 1-302-739-3073

4. Procedure

   1. Mail and In-Person Requests: Mail or present in person the original notarized document(s), along with appropriate fees. Indicate the nation to which the document will be sent. “Any document that is in a foreign language must have the English translation attached to it. The English version must be notarized” (See “Certifications, Apostilles & Authentication of Documents” at www.corp.delaware.gov.) “Whenever an apostille is requested for documents that have been filed with the Secretary of State, each document must be certified separately. Documents that have been certified under a one-cover certification are not acceptable for the issuance of the apostille” (“Certifications, Apostilles & Authentication of Documents” at www.corp.delaware.gov).

   2. Fees

      1. Standard Fee: $30 for each document, whether for a certificate of authentication or apostille, payable to “Delaware Secretary of State.” However, for any private individual seeking certification for personal purposes (adoption, death certificate, school transcript, etc.), the $30 fee is for one or more documents – but this discount is not given to a private individual presenting documents of a commercial nature.

      2. Discounted Fee: “How do I obtain apostilles for use in the adoption process or personal use? – Adoption documents for a foreign country often require apostilles or authentications. The Delaware Division of Corporations can apostille or authenticate documents notarized by a Delaware Notary, certified vital records from the State of Delaware, and official State documents (e.g., background checks). When such services are requested for personal use (such as an adoption) the Division discounts its fees to $30.00 for any documents that are presented simultaneously. This fee structure enables prospective international adoptive parents to minimize their costs by having all of their apostille and authentication documents processed at one

   time” (“Frequently Asked Questions” at www.corp.delaware.gov.)Expedited Service Fees: For expedited service for commercial use, the following fees apply: 1-hour, $1,000; 2-hour, $500; same-day, $100-$200; next day, $50-$100. See “Certifications, Apostilles & Authentication of Documents – Expedited Services” at

   1. 1. time” (“Frequently Asked Questions” at http://www.corp.delaware.gov

   .Address (Express Mail

   1. 1. )

   :
   Delaware Secretary of State
   Division of Corporations
   John G

   1. 1. .

   Townsend Building
   401 Federal St., Suite 4
   Dover, DE 19901

5. Address (Regular Mail):
   Delaware Secretary of State
   Division of Corporations
   PO Box 898
   Dover, DE 19903

6. Phone: 1-302-739-3073

7. Procedure: Mail or present in person the original notarized document(s), along with appropriate fees. Indicate the nation to which the document will be sent. “Any document that is in a foreign language must have the English translation attached to it. The English version must be notarized” (

   1. 2. Expedited Service Fees: For expedited service for commercial use, the following fees apply: 1-hour, $1,000; 2-hour, $500; same-day, $100-$200; next day, $50-$100. See “Certifications, Apostilles & Authentication of

   Documents” at

   1. 1. Documents – Expedited Services” at http://www.corp.delaware.gov.

   ) “Whenever an apostille is requested for documents that have been filed with the Secretary of State, each document must be certified separately. Documents that have been certified under a one-cover certification are not acceptable for the issuance of the apostille” (“Certifications, Apostilles & Authentication of Documents” at

   2. Processing Times: Mail requests are typically processed on the same business day and hand delivered requests will be completed within two hours(“Frequently Asked Questions” at http://www.corp.delaware.gov).

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