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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 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]).

   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]).

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