(a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:
(1) A notary public or notary;
(2) A judge, clerk or deputy clerk of a court of record; or
(3) Any other person authorized by the law of that jurisdiction to perform notarial acts.
(b) An “apostille” in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the designated office.
(c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.
(d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the designated title.
(e) An official stamp or seal of an officer listed in paragraph (a)(1) or (a)(2) of this section is prima facie evidence that a person with that title has authority to perform notarial acts.
(f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, it conclusively establishes the authority of an officer with that title to perform notarial acts.
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].