Delaware laws on notaries public can be found in Chapter 43, Title 29 of Delaware Code. Pursuant to 29 Del. C. § 4301, the Governor may appoint as many notaries public as the Governor may decide is necessary and proper in each county of the State. The Governor may delegate such duties relative to the appointment of notaries to the Secretary of State as the Governor may decide is necessary and proper. Any person who desires to become a notary shall be at least 18 years of age and shall provide such evidence as the Secretary may require to show:
1) Good character and reputation;
2) A reasonable need for a notary commission; and
3) Legal residence including street address of the notary within the State.
The Governor may also appoint, as notaries public for notarial acts other than electronic notarial acts, nonresidents of Delaware, provided that such individuals maintain an office or regular place of employment in Delaware. The Governor, or as permitted, the Secretary may revoke any notary commission for cause. The Secretary may promulgate regulations or establish such additional standards and guidelines governing applications, registrations, appointments, and the conduct of resident and nonresident notaries[i].
Pursuant to 29 Del. C. § 4302, the Governor may appoint as many electronic notaries as the Governor may decide is necessary and proper. The Governor may delegate such duties relative to the appointment of electronic notaries to the Secretary of State as the Governor may decide is necessary and proper. Any person who desires to become an electronic notary shall be at least 18 years of age and shall provide such evidence as the Secretary may require to show:
1) Good character and reputation;
2) A reasonable need for an electronic notary commission; and
3) Legal residence including street address of the electronic notary within the State.
The Governor may also appoint, as notaries public for electronic notarial acts, nonresidents of Delaware provided that such individual shall have demonstrated to the satisfaction of the Secretary that:
1) Such individual maintains an office or regular place of employment in Delaware; or
2) Such individual is an attorney-at-law or a legal assistant or paralegal working under the direct supervision of an attorney-at-law in good standing licensed in any state, commonwealth, territory, district or possession of the United States and such attorney-at-law is a Delaware electronic notary and has previously submitted to the Secretary and had approved by the Secretary an application containing such information as the Secretary shall deem necessary and proper and demonstrating such attorney-at-law has a reasonable need for permitting 1 or more legal assistants or paralegals under that attorney-at-law’s direct supervision to become an electronic notary under Delaware law; or
3) Such individual is a current employee of a banking, trust, or insurance company organized and regulated under the laws of the United States or any state, commonwealth, territory, district or possession of the United States, and the Secretary had approved an application submitted by such bank, trust or insurance, containing such information as the Secretary shall deem necessary and proper and demonstrating that such banking, trust, or insurance company is in good standing and has a reasonable need for permitting 1 or more of its employees to become an electronic notary under Delaware law; or
4) Such individual is a current employee of a federal governmental agency or unit of the United States and the Secretary had approved an application submitted by such agency or unit, containing such information as the Secretary shall deem necessary and proper and demonstrating that such agency or unit has a reasonable need for permitting one or more of its employees to become an electronic notary under Delaware law. Any such electronic notary, so appointed, shall only perform electronic notarial acts in the performance of their official duties[ii].
29 Del. C. § 4302 provides that an applicant to become an electronic notary shall submit a registration form established by the Secretary for registering and being commissioned as an electronic notary, which shall include:
1) The applicant’s full legal name;
2) A description of the technology or technologies the registrant will use for electronic identification, electronic signatures and such other aspects involved in performing each electronic notarial transaction;
3) If the device used to create the registrant’s electronic signature is issued or registered through a licensed authority, the name of that authority, the source of the license, the starting and expiration dates of the device’s term of registration, and any revocations, annulments, or other premature terminations of any registered device of the registrant that were due to misuse or compromise of the device, with the date, cause, and nature of each termination explained in detail;
4) The electronic mail address of the registrant;
5) The electronic signature of the notary which shall be unique to the notary;
6) Evidence that the electronic notary has taken a course of instruction, whether in the classroom, distance learning or online, in accordance with standards established by the Secretary prior to being commissioned as an electronic notary, and continuing education, whether in the classroom, distance learning or online, in accordance with standards established by the Secretary, during the 2-year term as provided in § 4307 and
7) Such other information as the Secretary shall reasonably request.
The Governor, or as permitted, the Secretary may revoke any electronic notary commission for cause. The Secretary may promulgate regulations or establish such additional standards and guidelines governing applications, registrations, appointments, and the conduct of resident and nonresident electronic notaries[iii].
Pursuant to 29 Del. C. § 4303, 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.
Pursuant to 29 Del. C. § 4304, the Governor shall appoint 1 notary public for each trust company, bank, banking association or branch or branches thereof in Delaware, whether state or national, chartered or organized under the laws of Delaware or of the United States.
Pursuant to 29 Del. C. § 4305, 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.
Pursuant to 29 Del. C. § 4306, the Governor may, upon the request of the department commander of a State-recognized veterans’ organization, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, commander or organization. The Governor may, upon the request of any administrative head of any volunteer fire company or volunteer ambulance and rescue company, appoint one 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 acknowledgments. However notaries public for state organized veterans’ organization shall have authority to perform duties on documents and papers in connection with and for the benefit of any veteran, their families or dependents. Notaries public for volunteer fire company or volunteer ambulance and rescue company may perform duties on volunteer fire company or volunteer ambulance and rescue company.
Upon the request of the administrative head of any state, county, municipal, or local governmental agency or unit of Delaware, full-time police officers may be appointed by the governor as electronic notaries to facilitate the law-enforcement responsibilities of the agency or unit. The appointments shall be for a term of 2 years, without charge to the appointee, administrative head, or police agency. Such notaries are empowered to perform duties on documents and papers in connection with, and for the benefit of, their respective police agency[iv].
In addition, the Governor may appoint as limited governmental notaries public who otherwise meet the requirements of § 4301(b) or (c) provided:
1) The individual is an employee of a state governmental agency or unit; or
2) The individual is an employee of a qualified police agency as defined in 29 Del. C. § 4306; and
3) The individual submits the following forms to be established by the Secretary:
a. An application form completed by the applicant; and
b. An employer request and approval form.
Such appointments shall expire upon the end of the notary’s employment with the State or qualified police agency and shall be made without charge to the appointee or the agency or unit. The notaries public so appointed shall make no charge for any service rendered. The engraving of the notary seal shall comply with § 4310(a) except that the Commission expiration date statement shall be satisfied by the phrase “My Commission expires upon office.[v]”
Pursuant to 29 Del. C. § 4307, notaries public including electronic notaries public shall be commissioned for the term of 2 years. Any notary public who wishes to renew that notary public’s own commission may request a 2-year reappointment or a 4-year reappointment. A notary applicant must pay a nonrefundable application fee of $ 60 for a 2-year term or $ 90 for a 4-year term. An electronic notary applicant must pay a nonrefundable application fee of $ 60. If any person shall knowingly or willfully make any false or fraudulent statement or misrepresentation in or with reference to any application for a notary commission or any other document, such person shall be guilty of perjury.
Pursuant to 29 Del. C. § 4308, the notaries and resident electronic notaries shall severally take and subscribe the oath or affirmation. The nonresident electronic notaries shall severally take and subscribe the oath or affirmation on a commission issued by the Secretary before a notary public or other officer authorized to administer oaths.
Pursuant to 29 Del. C. § 4309, the notary shall have a seal and shall exercise the powers and perform the duties belonging to that office. The notary shall also have power to take the acknowledgment of deeds and other instruments. The notary public must ensure, either from personal knowledge of identity or from satisfactory evidence of identity, that the individual whose presence and signature is being certified is in fact the person he or she claims to be. A notary who has registered with the Secretary to perform electronic notarizations shall have an electronic seal and may perform a notarial act by electronic means. A notary public or electronic notary public shall not notarize a document without the person signing the document being personally present[vi].
Pursuant to 29 Del. C. § 4323, a notarial act may be performed within Delaware by the following persons:
1) A notary public of Delaware;
2) A judge, clerk or deputy clerk of any court of Delaware;
3) A person licensed to practice law in Delaware;
4) A person authorized by the law of Delaware to administer oaths; and
5) Any other person authorized to perform the specific act by the law of Delaware.
Notarial acts performed within Delaware under federal authority as provided in § 4325 have the same effect as if performed by a notarial officer of Delaware.
Pursuant to 29 Del. C. § 4324, a notarial act has the same effect under the law of Delaware, as if performed by a notarial officer of Delaware, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons:
1) A notary public of that jurisdiction;
2) A judge, clerk or deputy clerk of a court of that jurisdiction; or
3) Any other person authorized by the law of that jurisdiction to perform notarial acts.
Pursuant to 29 Del. C. § 4325, a notarial act has the same effect under the law of Delaware, as if performed by a notarial officer of Delaware, if performed anywhere by any of the following persons under authority granted by the law of the United States:
1) A judge, clerk or deputy clerk of a court;
2) A commissioned officer on active duty with the military services of the United States;
3) An officer of the foreign service or consular officer of the United States; or
4) Any other person authorized by federal law to perform notarial acts.
Pursuant to 29 Del. C. § 4326, a notarial act has the same effect under the law of Delaware, as if performed by a notarial officer of Delaware, 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.
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. 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. 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[vii].
[i] 29 Del. C. § 4301.
[ii] 29 Del. C. § 4302.
[iii] 29 Del. C. § 4302.
[iv] 29 Del. C. § 4306.
[v] 29 Del. C. § 4306.
[vi] 29 Del. C. § 4309.
[vii] 29 Del. C. § 4326.
