(a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.
(b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
(c) In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the signature is that of the person appearing before the officer and named therein.
(d) In certifying or attesting a copy of a document the notary public must supervise the making of a photocopy of an original document and shall attest to the authenticity of such copy. Notaries public, however, shall not attest to copies of official or public records, only of documents that cannot be certified by a public official.
(e) In making or noting a protest of a negotiable instrument, a notarial officer must determine the matters set forth in § 3-505 of Title 6.
(f) An electronic notarial act performed by a notary public or other person authorized in this title shall constitute a notarial act under the laws of this State, provided that the official signature and seal of an electronic notary:
(1) Shall be attached to or logically associated with the document;
(2) Shall be independently verifiable; and
(3) Will be invalidated if the underlying document is modified.
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].