Delaware - U.S. Notary Reference

Last Update: November 18, 2024

Notary Jurisdiction

Statewide (29 DC 4323[a][1]).

Notary Term Length

Two years for the initial term and two or four years for subsequent terms (29 DC 4307).

Notary Bond

Not required by law.

Notary Seal

Required on tangible records (29 DC 4328[b]).

Notary Journal

Required (29 DC 4332).

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Commissioning Official

While Delaware’s Notaries are appointed by the Governor (29 DC 4301), it is the Secretary of State who 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: Department of State
   Notary Public Section
   401 Federal St.
   Dover, DE 19901

2. Phone: 302-739-3073

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

Laws, Rules and Guidelines

Laws: Most Notary statutes are in the Delaware Code, Title 29, Chapter 43, “Notaries Public.”

Guidelines: Additional guidelines for Notaries are found in the Delaware Notary Handbook (DNH), (9th Edition, 2024), published by the American Society of Notaries.

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Commission Process

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 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]).

Notification to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts: “Before a notarial officer performs the notarial officer’s initial notarial act with respect to an electronic record, a notarial officer shall do all of the following:
   “a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records.
   “b. Identify for the Secretary of State the technology the notarial officer intends to use” (29 DC 4333[b][1]).

2. Remote Notarial Acts: “Before a notarial officer performs the notarial officer’s initial notarial act [for a remotely located individual], the notarial officer shall do all of the following:
   “a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to remotely located individuals.
   “b. Identify for the Secretary of State the technologies the notarial officer intends to use” (29 DC 4320[l][1]).

3. Standards: “If the Secretary of State has established standards under subsection (m) of this section and
   § 4338 of this title for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (29 DC 4320[l][2]).

4. Process: In Delaware, a Notary with an existing commission may make the required notification by logging in to their Notary profile they established at the Secretary’s website, make the changes, and select their technology provider. An individual applying to become a Notary for the first time may choose the option to perform in-person electronic and remote notarial acts when they apply.

Online Search

“The Secretary of State shall maintain an electronic database of notaries public that does all of the following:
“(1) Permits a person to verify the authority of a notary public to perform notarial acts.
“(2) Indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on electronic records or notarial acts for remotely located individuals under [29 DC] § 4320 of this title” (29 DC 4335).

The online database that is effective August 1, 2023 is found at https://data.delaware.gov/Licenses-and-Certifications/Notaries-Commissioned-in-Delaware/q8dr-mj6p.

Jurisdiction

“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).

Bond

Not required by law.

Changes of Status

1. Address Change: Nonresident Notaries must notify the Secretary of State of any change of residential or Delaware employment street address within 30 days of such change (29 DC 4301[c][3]). A Notary may log into his or her Notary profile to update the information. If there is any problem with the information submitted, the Notary Public Section will contact the Notary (website, “Frequently Asked Questions”).

2. Name Change: If a Notary changes their name during the term of the Notary commission, “[y]ou must first log into your notary profile to change your name. The Notary Public Section will receive notification of the change and will email a name change certificate so that you may obtain a new stamp. There is no charge for this service other than the cost for the new stamp. You will have up to 6 weeks to obtain a new notary stamp. Until you receive your new stamp, you may choose to sign both names (e.g. Jane A. Doe now known as Jane A. Smith). The Notary Department may require proof of name change at any time” (website, “Frequently Asked Questions”).

3. Email Address Change: A Delaware Notary is required to have an active email address to receive his or her commissioning certificate and renewal notices and other communications from the state. If the Notary’s email address changes, the Notary cannot update it within the notary profile, but “… will need to contact the Notary Public Section at 302-739-4111 or by email at notary@delaware.gov to update [the] email address” (website, “Frequently Asked Questions”).

4. Limited Governmental Notaries Transfer of Employment: “If the individual transfers employment to another state governmental agency or unit or qualified police agency, the individual shall notify the Secretary of State of the transfer within 30 days. The individual may retain the appointment only if the individual provides to the Secretary of State an employer request and approval form from the agency or unit or qualified police agency to which the individual transferred” (29 DC 4206[d][2]d).

5. Resignation: “Every notary who wishes to resign from office or who no longer meets the qualifications for a commission during their term of office shall immediately mail or deliver the official commission to the Secretary, who shall cancel the same” (29 DC 4307[d]).

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Authorized Acts

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. Definitions

   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 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” (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).

Oaths and Affirmations

1. Definition: “'Oath' includes affirmation in all cases where an affirmation may be substituted for an oath, and “sworn” includes affirmed; and the forms shall be varied accordingly” (1 DC 302[14]).

2. Requirements

   1. Oath Ceremony: “If preferred, the notary may ask the oath-taker to raise their right hand in a pledging gesture. Such a ceremony impresses upon the person the solemnity of the oath taken” (DNH).

   2. Oath Form: “Do you swear under the penalties of perjury that [purpose of the oath is stated here], and that this is the truth, so help you God?” (DNH).

   3. Affirmation Form: “Do you affirm under the penalties of perjury that [purpose of the affirmation is stated here], and that this is the truth?” (DNH).

Verifications

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]).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (6 DC 3-505[b]).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in § 3-505 of Title 6” (29 DC 4318[e]).
   A protest “may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (6 DC 3-505[b]).

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Personal Appearance

1. Notarial Acts: “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” (29 DC 4319).

2. Remote Notarial Acts: “A remotely located individual may comply with § 4319 of this title by using communication technology to appear before a notarial officer” (29 DC 4320[b]).

Identification

1. Notarial Acts

   1. Requirement: In the acknowledgment, the verification upon oath or affirmation, and the witnessing or attesting of a signature, both a “paper” Notary and an Electronic Notary “must ensure, either from personal knowledge of identity or from satisfactory evidence of identity as defined in § 4321, that the individual whose presence and signature is being notarized has the identity claimed” (29 DC 4318[a]-[c]).

   2. Personal Knowledge: “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” (29 DC 4321[a]).

   3. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by any of the following:
      “(1) By means of any of the following:
      “a. A passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.
      “b. Another form of government identification issued to an individual, which is current and not expired before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.
      “(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act” (29 DC 4321[b]).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (29 DC 4321[c]).

2. Remote Notarial Acts

   1. Definition: “'Identity proofing' means a process or service by which a third person provides a notarial officer with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (29 DC 4320[a][3]).

   2. Requirement: “A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … the notarial officer has one or more of the following:
      “a. Personal knowledge under § 4321(a) of this title of the identity of the remotely located individual.
      “b. Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notarial officer under § 4321(b) of this title or this section.
      “c. Obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing” (29 DC 4320[c][1]).

Competence

“Must a notary determine the competence of the person signing the document? — Although this is not specifically addressed in the law, many experts recommend that the notary make a limited inquiry into the person’s ability to understand the contents of the document that the person is signing. The notary can make a quick assessment by asking the person if he or she understands the document. As a best practice, a notary should refuse to notarize the signature of a person who appears unable to understand the document or who appears to be under the influence of drugs or alcohol” (website, “Frequently Asked Questions”).

“Absent any specific knowledge of a principal signer’s mental condition, a notary can observe the person and reasonably assess the person’s apparent mental capacity and comprehension. Carefully observe the principal signer’s comments, mannerisms, and actions. If you suspect a potential problem, ask a few questions about the nature of the document to assess whether the principal signer seems to understand the document type and its general purpose” (DNH).

Refusal of Services

1. Specific Grounds: (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]).

2. 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”).

Signers with Physical Impairments

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 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 4322A).

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”).

Disqualifying Interest

1. Personal Interest: “A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (29 DC 4317[b]).
   “[I]f the document to be notarized contains any financial gain or beneficial interest to the notary, the notary should decline to notarize since he or she would not be an impartial witness” (website, “Frequently Asked Questions”).

2. Relatives: As noted under “Personal Interest,” above, a Notary may not perform a notarial act if the Notary’s spouse is a party to the record or the spouse has a direct beneficial interest.”
   “Can I notarize a document for a relative? — A notary may not perform a notarial act with respect to a record to which the notary or the notary’s spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable. In addition, if the document to be notarized contains any financial gain or beneficial interest to the notary, the notary should decline to notarize since he or she would not be an impartial witness” (website, “Frequently Asked Questions”).

Foreign-Language Documents

“Can I notarize a document in a foreign language? — Delaware law does not prohibit notarizing documents in a foreign language. Caution is recommended since a notary must be able to properly perform the notarial act and must be able to determine if they are permitted by law to notarize that type of document. Please note: Any document that is in a foreign language and will be submitted to the Delaware Secretary of State, Division of Corporations for an Apostille or authentication must have the English translation attached to it. The English version must also be notarized. The English version must also be notarized” (website, “Frequently Asked Questions”).

Unauthorized Practice of Law

1. No Authority: “A commission as a notary public does not authorize an individual to do any of the following:
   “(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law.
   “(2) Act as an immigration consultant or an expert on immigration matters.
   “(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters.
   “(4) Receive compensation for performing any of the activities listed in this subsection” (29 DC 4336[a]).

2. Selecting Notarial Certificate: “I have been presented a document without any notarial wording. Should I decide what type of notarial certificate belongs on the document? — No. Unless you are an attorney, you cannot give legal advice. The signer will need to provide that information. The signer may need to check with an attorney, or the issuing or receiving agencies of the document to see what is required” (website, “Frequently Asked Questions”).

Advertising

1. False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (29 DC 4336[b]).

2. ‘Notario’ or ‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in this State, may not use the term ‘notario’ or ‘notario publico’ (29 DC 4336[c]).

3. Misrepresentation to Practice Law: “A notary public, other than an attorney licensed to practice law in this State, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law” (29 DC 4336[d][1]).

4. Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this State in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.’” (29 DC 4336[d][2]).
   The law clarifies that if the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the disclaimer because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed (29 DC 4336[d][3]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. 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).

   2. 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]).

   3. 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.

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. Tamper-Evident Technology: “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]).

4. 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]).

5. Journal of Notarial Acts: For the requirement to keep a journal for electronic notarial acts, see “Records of Notarial Acts,” below.

Remote Notarial Acts

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 … [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 … [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]).

Paper Remote Notarization

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[g]).

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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Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (29 DC 4336[e]).

Employers

1. Waive Personal Appearance: “What if my boss insists that I notarize a document when the person has not signed or acknowledged his or her signature in my presence? — Explain to your boss that Delaware law requires that the signer appear before you personally before you can notarize the document. You have the right to refuse service at any time. Failure to follow this procedure could result in liability for you and your employer as well as the revocation of your commission” (website, “Frequently Asked Questions”).

2. Employer Limitations: “My employer paid for my notary commission and I am being told I cannot perform notarizations outside my workplace after hours. Is this true? — No. You may perform notarizations outside of your workplace after work hours and collect fees associated with such notarizations. Your employer has the right to collect any fees associated with notarizations performed as part of your employment. Note: If your commission falls under the Limited Governmental or Service Organization categories you are prohibited from performing notarial acts outside of your agency/organization” (website, “Frequently Asked Questions”).

3. Resignation: “If I leave employment, do I have to resign my commission if my employer asks me to? — No. As stated above, the commission belongs to the Notary Public. Note: If your commission falls under the Limited Governmental or Service Organization categories, you are required to turn your notary stamp into your agency/organization and contact the Notary Department at notary@delaware.gov to deactivate your commission” (website, “Frequently Asked Questions”).

4. Official Stamp and Commission: “Am I required to turn over my notary stamp and commission to my employer if I leave my job? — No. Even if your employer pays for the commission and stamp, the notary public is commissioned by the Governor to serve the public until the commission expires, the Notary resigns, or the commission is revoked. When you leave employment, your stamp/seal, commission and journal/record book (if applicable) leave with you. Note: If your commission falls under the Limited Governmental or Service Organization categories, you are required to turn your notary stamp into your agency/organization and contact the Notary Department at notary@delaware.gov to deactivate your commission” (website, “Frequently Asked Questions”).

Validity of Notarial Acts

“Except as otherwise provided in § 4317(b) of this title, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this State other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (29 DC 4337).

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Certificate Requirement

1. General Requirement: “A notarial act must be evidenced by a certificate” (29 DC 4328[a]).

2. Specific Requirements: “The certificate must meet all of the following:
   “(1) Be executed contemporaneously with the performance of the notarial act.
   “(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State.
   “(3) Identify the jurisdiction in which the notarial act is performed.
   “(4) Contain the title of office of the notarial officer.
   “(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission” (29 DC 4328[a]).

3. Tangible Records: “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. 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 [29 DC 4328] 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]).

4. Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraph (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate” (29 DC 4328[b]).

Certificate Forms

Delaware has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form notarial certificates (29 DC 4329). These certificates appear below.

Sufficiency of Certificate

1. Notarial and In-Person Electronic Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and any of the following:
   “(1) Is in a short form set forth in § 4329 of this title.
   “(2) Is in a form otherwise permitted by the law of this State.
   “(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.
   “(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in §§ 4318, 4319, and 4321 of this title or law of this State other than this subchapter” (29 DC 4328[c]).

2. Remote Notarial Acts: “A short-form certificate under § 4329 of this title for a notarial act subject to this section is sufficient if it does any of the following:
   “(1) Complies with regulations adopted under paragraph (m)(1) of this section.
   “(2) Is in the form under § 4329 of this title and contains a statement in substantially the following form: This notarial act involved the use of communication technology” (29 DC 4320[j]).

Contemporaneous Completion of Certificate

“A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (29 DC 4328[e]).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in [29 DC] §§ 4317, 4318, and 4319 of this title” (29 DC 4328[d]).

Certificate of Remote Notarial Act

“If a notarial act is performed under this section, the certificate of notarial act under § 4328 of this title and the short-form certificate under [29 DC] § 4329 of this title must indicate that the notarial act was performed using communication technology” (29 DC 4320[i]).

Security of Certificate

1. Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record” (29 DC 4328[f]).

2. Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record” (29 DC 4328[f]).

3. Secretary of State Standards: “If the Secretary of State has established standards under [29 DC] § 4338 of this title for attaching, affixing, or logically associating the certificate, the process must conform to the standards”(29 DC 4328[f]).

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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]).

2. In Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraph (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate” (29 DC 4328[b]).

   2. Other Notarial Officers: Permitted (29 DC 4328[b]).

3. Remote Notarial Acts

   1. Notaries Public: Required for paper remote notarial acts (29 DC 4328[b]). and permitted for electronic remote notarial acts (29 DC 4328[b]).

   2. Other Notarial Officers: Permitted (29 DC 4328[b]).

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature” (25 DC 182[c]).

Seal Format

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”).

Examples

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.

Open

Traditional Official Stamp

Open

Electronic Official Stamp

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]).

The Secretary of State must be notified within 10 days of any loss, theft or damage of the Notary’s official physical or electronic seal (29 DC 4310[g]). Notification by email (notary@delaware.gov) is acceptable, and should include the name on the Notary commission and a brief explanation of the circumstances of the loss, theft, or damage. In the case of theft or vandalism, the Notary must also inform the appropriate law enforcement agency (website, “Report a Lost Notary Seal”).

Employer May Not Keep Seal

“Am I required to turn over my notary stamp and commission to my employer if I leave my job? — No. Even if your employer pays for the commission and stamp, the notary public is commissioned by the Governor to serve the public until the commission expires, the Notary resigns, or the commission is revoked. When you leave employment, your stamp/seal, commission and journal/record book (if applicable) leave with you. Note: If your commission falls under the Limited Governmental or Service Organization categories, you are required to turn your notary stamp into your agency/organization and contact the Notary Department at notary@delaware.gov to deactivate your commission” (website, “Frequently Asked Questions”).

Seal of Limited Governmental Notary

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.”

Disposition of Official Stamp

1. Resignation, Revocation, or Expiration of Commission: “On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (29 DC 4331[b]).

2. Death or Adjudication of Incompetency: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (29 DC 4331[c]).

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Records Requirement

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 4320[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 4332[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]).

Journal Entries

1. Required Entries: “An entry in a journal must … contain all of the following information:
   “(1) The date and time of the notarial act.
   “(2) A description of the record, if any, and type of notarial act.
   “(3) The full name and address of each individual for whom the notarial act is performed.
   “(4) If identity of the individual is based on personal knowledge, a statement to that effect.
   “(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential.
   “(6) The fee, if any, charged by the notary public” (29 DC 4332[c]).

2. Other Information: A Notary may record in the journal “[s]uch other information as the notary may deem to be necessary and appropriate: Use this space to include any information that may be pertinent to the situation. It is especially helpful to note anything unusual or additional that occurred or was a part of the transaction. Many journal entries will not require any additional information. Electronic journals often capture GPS data and allow you to take a picture of the signer, to provide additional proof of where the notarization took place and who signed the document” (website, “Journal Requirements”).

3. Prohibited Entries: “A notary shall not record a Social Security or credit card number in the journal” (website, “Journal Requirements”).

Contemporaneous Completion of Journal

“An entry in a journal must be made contemporaneously with performance of the notarial act” (29 DC 4332[c]).

Exclusive Control of Journal

“A notary shall keep the official journal secure under the notary’s exclusive control and shall not allow it to be used by any other person” (website, “Journal Requirements”).

Loss or Stolen Journal

“If a notary public’s journal is lost or stolen, the notary public shall promptly notify the Secretary of State on discovering that the journal is lost or stolen” (29 DC 4332[g]).

Backup of Electronic Journal

“A notary shall maintain a backup record of an electronic journal and ensure protection of such backup record from unauthorized use. The Secretary shall establish standards for backup records” (website, “Journal Requirements”).

Retention of Records

1. Notary Journal: “The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (29 DC 4332[a]).

2. Journal Repository: “Instead of retaining a journal as provided in subsections (a) and (e) of [29 DC 4332], a current or former notary public may transmit the journal to the Secretary of State or a repository approved by the Secretary of State” (29 DC 4332[f]).

3. Recordings of Remote Notarizations: “A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer shall retain the audio-visual recording created under paragraph (c)(3) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under paragraph (m)(4) of this section, the recording must be retained for a period of at least 10 years” (29 DC 4320[k]).

4. Death or Incompetency of Notary: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Secretary of State or a repository approved by the Secretary of State” (29 DC 4332[g]).

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Maximum Fees

1. Notarial Acts: “The maximum fee a notary public may charge for a notarial act performed with respect to a tangible record is $ 5.00” (29 DC 4311[a]).

2. In-Person Electronic and Remote Notarial Acts (On Electronic Records): “The maximum fee a notary public may charge for a notarial act performed with respect to an electronic record is $ 25” (29 DC 4311[b]).

Overcharging

For charging more than the statutory maximum fees, the commission of the offending Notary may be revoked, and reappointment will not be allowed within a period of 2 years (29 DC 4311[c]).

Waiving Fee

“A notary public may choose to waive any fee for any notarial act” (29 DC 4311[d]).

Remitting Fee to Employer

“You may perform notarizations outside of your workplace after work hours and collect fees associated with such notarizations. Your employer has the right to collect any fees associated with notarizations performed as part of your employment.” Note: If your commission falls under the Limited Governmental or Service Organization categories you are prohibited from performing notarial acts outside of your agency/organization” (website, “Frequently Asked Questions”).

Veterans’ Affairs

“No notary public or other person who is authorized by law to take the acknowledgment of instruments or to administer oaths or affirmations shall charge any person serving in the armed forces of the United States, or a veteran of any war, or the widow or children of a soldier, or soldier’s parents, or widower or other relative of any person in the armed services the fee provided by law when an acknowledgment, oath or affirmation is taken in connection with any paper or papers required to be executed by the Veterans Administration or in support of any claim or other papers connected with or referring to the service of any male or female now serving or who hereafter may serve or who, in the past, has served in the armed forces of the United States” (29 DC 4312[a])

Notaries appointed to serve veterans’ groups, including the American Legion, may not charge for their services (29 DC 4306[a]).

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Notary Signing Agents

As a result of a ruling by the Delaware Supreme Court on May 31, 2000 — see In Re Mid-Atlantic Settlement Ser., 755 A.2d 389 (Del. Supr. 2000) — only an attorney licensed to practice law in Delaware may conduct a closing related to the sale or refinancing of real property in the state. Thus, Notary Signing Agents and other non-attorneys may not operate at a closing in the state without a presiding attorney present. The only exception is for home equity loans, but then only a lender acting in a pro se capacity may conduct the closing in lieu of an attorney.

Recording Requirements

“(a) Any document presented to the recorder for recording which contains a certificate of a notarial act as defined by §§ 4316(5) and 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).

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Notarial Acts in Delaware

“(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) An individual licensed to practice law in this State;
“(4) An individual authorized by the law of this State to administer oaths; and
“(5) Any other individual authorized to perform the specific act by the law of this State.
“(b) The signature and title of an individual performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
“(c) The signature and title of a notarial 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 4323).

1. 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).

2. 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).

3. 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).

4. 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]).

5. 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]).

6. 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]).

7. 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. States and Jurisdictions

“(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 Tribes

“(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 Authority

“(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)

Foreign Notarial Acts

“(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).

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Secretary of State

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.)

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 http://www.corp.delaware.gov).

      3. 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 http://www.corp.delaware.gov.

   3. 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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