(a) 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.
(b) A notary public may not engage in false or deceptive advertising.
(c) A notary public, other than an attorney licensed to practice law in this State, may not use the term “notario” or “notario publico” .
(d) (1) 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.
(2) 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.”
(3) If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by paragraph (d)(2) of this section 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.
(e) 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.
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].