CHAPTER 275

FORMERLY

HOUSE BILL NO. 91

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, PART IV, TITLE 29 OF THE DELAWARE CODE RELATING TO NOTARIES PUBLIC AND PROVIDING FOR A UNIFORM LAW ON NOTARIAL ACTS.

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

Section 1. Amend Subchapter II, Chapter 43, Part IV, Title 29 of the Delaware Code by striking said subchapter in its entirety, and substituting in lieu thereof the following:

"SUBCHAPTER II. NOTARIAL ACTS

§4321. Definitions

As used in this Chapter:

(a) 'Acknowledgment' shall mean a statement by a person that the person has executed an instrument for the purposes stated therein and, if the instrument Is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

(b) In a representative capacity' shall mean:

(1) for and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee or other representative;

(2) as a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;

(1) as an attorney In fact for a principal; or

(1) in any other capacity as an authorized representative of another.

(c) 'Notarial act' shall mean any act that a notary public of this State is authorized to perform, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

(d) 'Notarial officer' shall mean a notary public or any other officer authorized to perform notarial

acts.

(e) 'Verification upon oath or affirmation' shall mean a statement by &person who asserts it to be true and makes the assertion upon oath or affirmation.

§4322. Notarial Acts

(a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, 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 or from satisfactory evidence, 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 or from satisfactory evidence, 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 or other item, the notarial officer must determine that the proffered copy is a full, true and accurate transcription or reproduction of that which was copied.

(e) In making or noting a protest of a negotiable instrument, a notarial officer must determine the matters set forth in section 3-509, Title 6 of the Delaware Code.

(1) A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person; (1) is personally known to the notarial officer; (2) is identified upon the oath or affirmation of a credible witness personally known to the notarial officer; or (3) is identified on the basis of identification documents.

§4323. Notarial Acts in this State

(a) A notarial act may be performed within this State by the following persons:

(1) a notary public of this State,

(2) a judge, clerk or deputy clerk of any court of this State,

(3) a person licensed to practice law in this State;

(4) a person authorized by the law of this State to administer oaths,

(5) any other person authorized' to perform the specific act by the law of this State.

(b) Notarial acts performed within this State under federal authority as provided in §4325 have the same effect as if performed by a notarial officer of this State.

(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

§4324. Notarial Acts in other Jurisdictions of the United States

(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 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 jurisdction: or

(3) any other person authorized by the law of that Jurisdiction to perform notarial acts.

(b) Notarial acts performed in other Jurisdictions of the United States under federal authority as provided in §4325 have the same effect as if performed by a notarial officer of this State.

(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine, and that the person holds the designated title.

(d) The signature and title of an officer listed in subsection (a)(1) or (a) (2) of this section conclusively establish the authority of a holder of that title to perform a notarial act.

§4325. Notarial Acts Under Federal Authority

(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 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.

(b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(c) The signature and title of an officer listed subsection (a) (1) or (a) (2) or (a) (3) of this section conclusively establish the authority of a holder of that title to perform a notarial act.

§4326. Foreign Notarial Acts

(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 multi-national 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 subsection (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.

§4327. Certificate of Notarial Acts

(a) A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed, and the title of the office the notarial officer holds and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty with the military services of the United States, it must also include the officer's rank.

(b) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) and it:

(1) is in the short form set forth in §4328;

(2) is in a form otherwise prescribed by the law of this State;

(3) is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by §4323.

§4328. Short Forms

The following short form certificates of notarial acts are sufficient for the purposes Indicated, if completed with the information required by §4327 (a):

(1) For an acknowledgment in an individual capacity;

State of )

(County) of

This instrument was acknowledged before me on Idatel_by (names (s) of person (5)).

(Signature of notarial officer)

(Seal. if any)

Title (and Rank)

[My commission expres: ___I

(2) For an acknowlegment in a representative capacity:

State of

(County) of

This instrument was acknowledged before me on date by (names (s) of person (s)) as (type of authority, e.R., officer, trustee. etc.) of_ name of_partv on behalf of whom instrument was execuAeL1).

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

(My commission expres:

(3) For a verification upon oath or affirmation:

State of

(County) of

Signed and sworn to (or affirmed) before me on date by (names (s) making

statement.

(Signature of notarial officer)

(Seal. if any)

Title (and Rank)

[My commission expres: ___)

(4) For witnessing or attesting a signature:

State of

(County) of

Signed and attested before me on date _ by (names (s) of person (s)) .

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

[My commission expres: _J

(5) For attestation of a copy of a document:

State of

(County) of

I certify that this Is a true and correct copy of a document in the possession of

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

[My commission expres:

Section 2. This Act applies to notarial acts performed on or after its effective date.

Section 3. This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.

Section 4. This Act may be cited as the Uniform Law on Notarial Acts.

Approved June 19, 1984.