CHAPTER 123

FORMERLY

SENATE BILL NO. 239

AN ACT TO AMEND CHAPTER 43, TITLE 29, DELAWARE CODE RELATING TO RESIDENCY REQUIREMENTS FOR NOTARIES PUBLIC.

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

Section 1. Amend 4301, Chapter 43, Title 29 of the Delaware Code by amending subsection (b)(3) to read as follows:

"(3) Legal residence within the State."

Section 2. Amend §4301, Chapter 43, Title 29 of the Delaware Code by redesignating subsection (c) as subsection (d) and adding a new subsection (c) to read as follows:

"(c) The Governor may also appoint non-residents who otherwise meet the requirements of subsection (b) as notaries public provided that such individuals maintain an office or regular place of employment in Delaware. Non-residents seeking appointment as notaries public shall include with their application an affidavit containing a residential and a Delaware employment address. Those appointed as notaries shall also file an affidavit for each change of address. Service of process, subpoenas and other documents upon non-resident notaries may be made personally or by leaving them with any person of suitable age and discretion at the Delaware place of employment. Substituted service shall be effectual if served upon the Secretary of State, under the guideline of 8 Del. C. §376(b), in the event that the office has been closed or such individual ceases to be regularly employed at the filed Delaware employment address. The Secretary of State shall then forward such documents to the filed residential address."

Section 3. Amend 4301, Chapter 43, Title 29 of the Delaware Code by adding a new subsection (e) to read as follows:

"(e) The Secretary of State may promulgate regulations governing applications and guidelines for all notaries public.

Approved July 12, 1993.