CHAPTER 61

FORMERLY

HOUSE BILL NO. 131

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 12, TITLE 25 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ACKNOWLEDGMENTS; AND PROVIDING FOR A UNIFORM RECOGNITION OF ACKNOWLEDGMENTS ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 15, Part IV, Title 12 of the Delaware Code by adding thereto a new section, designated as §1573, which new section shall read as follows:

"§1573. Recognition of Acknowledgements

The authentication and recognition of the acknowledgement of a foreign Notary Public or other officer on an instrument necessary under the provisions of this Chapter shall be in accordance with the provisions of Subchapter II, Chapter 43, Title 29 of the Delaware Code."

Section 2. Amend Subchapter II, Chapter 1, Part I, Title 25 of the Delaware Code by adding thereto a new section, designated as 5134, which new section shall read as follows:

"§134. Recognition of Acknowledgements

The authentication and recognition of the acknowledgement of a foreign Notary Public or other officer on an instrument necessary under the provisions of this Chapter shall be in accordance with the provisions of Subchapter II, Chapter 43, Title 29 of the Delaware Code."

Section 3. Amend Chapter 43, Part IV, Title 29 of the Delaware Code by re-designating all of said Chapter as new Subchapter I, which shall be entitled:

"SUBCHAPTER 1. OFFICE AND DUTIES"

Section 4. Amend Chapter 43, Part IV, Title 29 of the Delaware Code by adding thereto a new subchapter, which new Subchapter shall read as follows:

"SUBCHAPTER II. RECOGNITION OF ACKNOWLEDGEMENTS

§4321. Recognition of Certain Notarial Acts

For purposes of this Chapter, 'notarial acts' shall include acts which the laws and regulations of this State authorize notaries public of this State to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgements of instruments, and attesting documents. Notarial acts may be performed outside this State for use in this State with the same effect as if performed by a Notary Public of this State by the following persons authorized pursuant to the laws and regulations of other governments, in addition to any other person authorized by the laws and regulations of this State:

(a) A Notary Public authorized to perform notarial acts in the place in which the act is performed;

(b) A Judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;

(c) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts In the place in which the act is performed;

(d) A commissioned officer In active service with the armed forces of the United States, and any other person authorized by regulation of the armed forces to perform notarial acts, if the notarial act is performed for one of the following or his dependents: a merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or

(d) Any other person authorized to perform notarial acts in the place in which the act is performed.

§4322. Authentication of Authority of Public Officer

(a) if the notarial act is performed by any of the persons described in §4321, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required.

(b) if the notarial act is performed by a person authorized by the laws and regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act ifs

(1) either a foreign service officer of the United States resident in the country in which the act is performed, or a diplomatic or consular officer of the foreign country resident in the United States, certifies that a person holding that office is authorized to perform the act;

(2) the official seal of the person performing a notarial act is affixed to the document; or

(3) the title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law, or in a list customarily used as a source of such Information.

(c) If the notarial act is performed by a person other than one described in this section, there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person, and to his authority to perform the notarial act.

(d) The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title, and that the signature is genuine.

§4323. Certificate of Person Taking Acknowledgement

The person taking an acknowledgement shall certify that:

(1) the person acknowledging appeared before him, and acknowledged he executed the instrument; and

(2) the person acknowledging was known to the person taking the acknowledgement; or

(3) the person taking the acknowledgement had satisfactory evidence that the person acknowledging was the person described in, and who executed, the instrument.

§4324. Recognition of Certificate of Acknowledgement

The form of a certificate of acknowledgement used by a person whose authority is recognized under §4321 shall be accepted in this State if:

(I) the certificate is in a form prescribed by the laws or regulations of this State;

(2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgement is taken; or

(3) the certificate contains the words 'acknowledged before me,' or their substantial equivalent.

§4325. Certificate of Acknowledgement

The words 'acknowledged before me' shall mean:

(a) that the person acknowledging appeared before the person taking the acknowledgement;

(b) that he acknowledged his execution of the instrument;

(c) that, in the case of:

(1) a natural person, he executed the instrument for purposes therein stated;

(2) a corporation, the officer or agent acknowledged he held the position or title set forth in the instrument and certificate, he signed the instrument on behalf of the corporation by proper authority, and the Instrument was the act of the corporation for the purposes therein stated;

(3) a partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnerhslp by proper authority, and he executed the instrument as the act of the partnership for the purposes therein stated;

(4) a person acknowledging as principal by an attorney in fact he executed the instrument by proper authority as the principal for the purposes therein statecli

(5) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the instrument by proper authority and he executed the instrument in the capacity and for the purposes therein stated; and

(d) that the person taking the acknowledgement either knew, or had satisfactory evidence that the person acknowledging was, the person named in the instrument or certificate.

§4328. Short Forms of Acknowledgement

The forms of acknowledgement set forth in this section may be used, and are sufficient for their respective purposes under any law of this State. The forms shall be known as 'Statutory Short Forms of Acknowledgement' and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms.

(a) For an individual acting in his own right:

State of

County of

The foregoing instrument was acknowledged before me this (date) by

(name of person acknowledged).

(signature of person taking acknowledgement) (title or rank)

(serial number, if any)

(b) For a corporation:

State of

County

The foreging instrument was acknowledged before me this (date) by (name of

officer or agent, title of officer or agent) of (name of corporation acknowledging), a (State or place of incorporation) corporation, on behalf of the corporation.

(signature of person taking acknow- ledgement) (title or rank)

(serial number, if any)

(c) For a partnership:

State of

County of

The foregoing instrument was acknowledged before me this (date) by (name of

acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership.

(signature of person taking acknowledgement) (title or rank)

(serial number, if any)

(d) For an individual acting as principal by an attorney in fact:

State of

County of

The foregoing instrument was acknowledged before me this (date) by (name of

attorney in fact) as attorney in fact on behalf of (name ofprincipal).

(signature of person taking acknowledgement) (title or rank)

(serial number, if any)

(e) By any public officer, trustee, or personal representative:

State of __________

County of ______________

The foregoing instrument was acknowledged before me this (date) by (name and

title of position).

(signature of person taking acknowledgement) (title or rank)

(serial number, if any)

§4327. Acknowledgements not Affected by this Subchapter

A notarial act performed prior to the effective date of this Subchapter shall not be affected thereby. This Subchapter provides an additional method of proving notarial acts. Nothing In this Subchapter diminishes nor invalidates the recognition accorded to notarial acts by other taws or regulations of this State.

§4328. Short Title

The provisions of this Subchapter shall be known and may be cited as the Uniform Recognition of Acknowledgements Act."

Approved June 30, 1981.