| Anchor | ||||
|---|---|---|---|---|
|
...
December 19, 2024
| Expand | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| ||||||||||||||
|
...
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]).
Requirements
Identity of 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 …” (29 DC 4318[b]).
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]).
Verbal Ceremony: Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (29 DC 4329[3]) indicating that the Notary Public performing the verification must administer an oath or affirmation to the principal.
“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).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).
Affirmation Form: “Do you affirm under the penalties of perjury that the information contained in this record is the truth?” (DNH).
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (29 DC 4329[3]) indicating that the Notary Public performing the verification must personally witness the principal sign the record.
Witnessing or Attesting Signatures
Requirements
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]).
Witness Signature: The short form certificate of notarial act for a signature witnessing states, “Signed (or attested) before me …” (29 DC 4329[4]) indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.
Copy Certifications
Requirements
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]).
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.”
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]).
...
Refusal of Services
Specific Grounds: (a) 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 signature is knowingly and voluntarily made” (29 DC 4322[a]).General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this subchapter” (29 DC 4322[b]).
“I have been presented with a document that I do not feel comfortable notarizing. Can I refuse to perform the notarization? — Yes” (website, “Frequently Asked Questions”).
...
Applicable Law
Uniform Electronic Transactions Act: Delaware has adopted the Uniform Electronic Transactions Act (6 DC 12A-101 through 12A-117), including the following provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (6 DC 12A-111).
Uniform Real Property Electronic Recording Act: Delaware has adopted the Uniform Real Property Electronic Recording Act (URPERA) — see Title 25, Chapter 1, Subchapter V (“Electronic Recording”) of the Delaware Code — including the following provision related to the Notary’s seal: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature” (25 DC 182[c]).
Revised Uniform Law on Notarial Acts: Delaware has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarial acts on electronic records. These provisions are summarized below.
Technology Sytems
Approval of System Providers: Required.
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.
Tamper-Evident Technology
Selection by Notary: “A notarial officer may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected” (29 DC 4333[a]).
Standards: “If the Secretary of State has established standards for approval of technology under § 4338 of this title, the technology must conform to the standards…. If the technology conforms to the standards, the Secretary of State shall approve the use of the technology” (29 DC 4333[b][2]-[3]).
Journal of Notarial Acts: For the requirement to keep a journal for electronic notarial acts, see “Records of Notarial Acts,” below.
...
The below typical, actual-size examples of traditional official Notary stamping devices and electronic Notary seals official stamps (shaded) which are allowed by Delaware law. Formats other than these may also be permitted.
...
Justices of Peace and 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. The Secretary of Finance shall only act as a notary public in connection with work performed in carrying out the duties of the office. The notary commission of any person appointed a notary public under this section shall terminate at the same time such person’s term of office terminates” (29 DC 4303).
Court Reporters of Supreme Court: “The Governor may, upon the request of the Chief Justice of the Supreme Court, appoint any of the official court reporters as a notary public” (29 DC 4305).
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).
Veterans’ Organization Notaries: One Notary may be appointed without charge for each veterans’ organization for a term of four years, notarizing only for veterans’ business, and for that of their families and dependents, and not charging for their notarial services (29 DC 4306[a]).
Fire, Ambulance and Rescue Volunteers: “The Governor may, upon the request of any administrative head of any volunteer fire company or volunteer ambulance and rescue company, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, chief or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any members of the organizations listed herein to include their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered” (29 DC 4306[b]).
Police Agency Notaries: “On the request of the administrative head of a qualified police agency, the Governor shall appoint a sufficient number of limited governmental notaries public as may be requested by the administrative head to facilitate the law-enforcement responsibilities of the qualified police agency. The appointments is to be for a term of 2 years, without charge to the appointee, administrative head, or police agency. For purposes of this section, a “qualified police agency” means a state, county, municipal, or local governmental agency or unit of this State whose personnel includes full-time police officers who are statutorily responsible for the prevention or investigation of crime involving injury to persons or property and who are authorized to execute search warrants and to make arrests” (29 DC 4306[c]).
Limited Governmental Notaries: Under 29 DC 4306(d), the Governor may appoint as Limited Governmental Notaries employees of state governmental agencies or qualified police agencies. These appointments are open-ended and expire when the Notary’s employment terminates. Such Notaries may perform notarial acts only in the course of their governmental duties, and they may not charge. Their Notary seals must comply with Section 4330, except the commission expiration date must be replaced by “My Commission expires upon office.” There is no application fee to become a Delaware Limited Governmental Notary, but employer approval is required; in order to obtain such approval, a representative of the employer must complete an online “Corporate Application.” A person may hold both a regular and a Limited Governmental Notary commission. See website — “Limited Governmental Notary Commissions”).
Notarial Acts in U.S.
...
State or Jurisdiction
“(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” (29 DC 4324).
Notarial Acts Under Authority of Federally Recognized Indian
...
Tribe
“(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 the tribe is performed by any of the following:
“(1) A notary public of the tribe.
“(2) A judge, clerk, or deputy clerk of a court of the tribe.
“(3) Any other individual authorized by the law of the tribe to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe 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” (29 DC 4325).
Notarial Acts
...
Under Federal
...
Law
“(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 judge, clerk, or deputy clerk of a federal court.
“(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.
“(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas.
“(4) Any other individual authorized by federal law to perform the notarial act.
“(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of an officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act” (29 DC 4326)
...
Notarial Acts in Foreign State
“(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” (29 DC 4327).
...