Content Comparison

Anchor
top top

Last Update:

...

November 18, 2024

...

1. Notarial Acts: Delaware Notaries are authorized to perform the following notarial acts (29 DC 4316[5]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 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]).

   2. 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 and Signatureof 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 and …” (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” (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).

...

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 verification has the identity claimed and identity claimed …” (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]).

2. 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]).

...

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]).

...

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]).

...