For purposes of this chapter:
(1) “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.
(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(4) “In a representative capacity” means acting as 1 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.
(5) a. “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this State.
b. “Notarial act” includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
(6) “Notarial officer” means a notary public or other individual authorized to perform a notarial act.
(7) “Notary public” means an individual commissioned to perform a notarial act under subchapter I of Chapter 43 of this title.
(8) “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.
(9) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(11) “Sign” means, with present intent to authenticate or adopt a record, to do any of the following:
a. Execute or adopt a tangible symbol.
b. Attach to or logically associate with the record an electronic symbol, sound, or process.
(12) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
(13) “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.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(15) “Verification on 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.
Structure Delaware Code
Subchapter II. Revised Uniform Law on Notarial Acts [Effective Aug. 1, 2023].
§ 4321. Definitions [Effective until Aug. 1, 2023].
§ 4322. Notarial acts [Effective until Aug. 1, 2023].
§ 4323. Notarial acts — Acts in this State [Effective until Aug. 1, 2023].
§ 4325. Notarial acts — Acts under federal authority [Effective until Aug. 1, 2023].
§ 4326. Foreign notarial acts [Effective until Aug. 1, 2023].
§ 4327. Certificate of notarial acts [Effective until Aug. 1, 2023].
§ 4328. Short forms [Effective until Aug. 1, 2023].
§ 4329. Electronic certificate of authority [Effective until Aug. 1, 2023].
§ 4315. Short title [Effective Aug. 1, 2023].
§ 4316. Definitions [Effective Aug. 1, 2023].
§ 4317. Authority to perform notarial act [Effective Aug. 1, 2023].
§ 4318. Requirements for certain notarial acts [Effective Aug. 1, 2023].
§ 4319. Personal appearance required [Effective Aug. 1, 2023].
§ 4320. Notarial act performed for remotely located individual [Effective Aug. 1, 2023].
§ 4321. Identification of individual [Effective Aug. 1, 2023].
§ 4322. Authority to refuse to perform notarial act [Effective Aug. 1, 2023].
§ 4322A. Signature if individual unable to sign [Effective Aug. 1, 2023].
§ 4323. Notarial act in this State [Effective Aug. 1, 2023].
§ 4324. Notarial act in another state [Effective Aug. 1, 2023].
§ 4325. Notarial act under authority of federally recognized Indian tribe [Effective Aug. 1, 2023].
§ 4326. Notarial act under federal authority [Effective Aug. 1, 2023].
§ 4327. Foreign notarial act [Effective Aug. 1, 2023].
§ 4328. Certificate of notarial act [Effective Aug. 1, 2023].
§ 4329. Short form certificates [Effective Aug. 1, 2023].
§ 4330. Official stamp of a notary public [Effective Aug. 1, 2023].
§ 4331. Stamping device of a notary public [Effective Aug. 1, 2023].
§ 4332. Journal of a notary public [Effective Aug. 1, 2023].
§ 4335. Database of notaries public [Effective Aug. 1, 2023].
§ 4336. Prohibited acts of a notary public [Effective Aug. 1, 2023].
§ 4337. Validity of notarial acts [Effective Aug. 1, 2023].
§ 4338. Regulatory authority [Effective Aug. 1, 2023].
§ 4339. Notary public commission in effect [Effective Aug. 1, 2023].
§ 4340. Applicability; savings clause [Effective Aug. 1, 2023].
§ 4341. Uniformity of application and construction [Effective Aug. 1, 2023].