TITLE 29
State Government
State Agencies and Offices Not Created by Constitution
CHAPTER 43. Notaries Public
Subchapter I. Office and Duties
(a) In addition to an individual authorized to be appointed under §§ 4303 through 4306 of this title, an individual qualified under subsection (b) of this section may apply to the Governor for a commission as a notary public. The individual applying for the commission shall comply with and provide the information required by regulations adopted by the Governor and pay the fee required under § 4307(a) of this title. The Governor may delegate the Governor’s duties under this chapter to the Secretary of State.
(b) An individual applying for a commission as a notary public must meet all of the following:
(1) Be at least 18 years of age.
(2) Be a citizen or permanent legal resident of the United States.
(3) Be a resident of or have a place of employment or practice in this State.
(4) Be able to read and write English.
(5) Not be disqualified to receive a commission under § 4334 of this title.
(6) Comply with other requirements established by the Secretary of State by regulation as necessary to ensure the competence, integrity, and qualifications of a notary public and the proper performance of notarial acts.
(c) (1) A nonresident individual who seeks a commission as a notary public shall include in the individual’s application a residential address and the address of the individual’s place of employment or practice in this State.
(2) Service of process, subpoenas, and other documents on a nonresident individual who is a notary public may be made personally or by leaving them with any person of suitable age and discretion at the individual’s place of employment or practice in this State. Substituted service is effectual if served on the Secretary of State, under § 376(b) of Title 8 if the place of employment or practice has been closed or the individual ceases to be regularly employed or regularly practice at the filed place of employment or practice address. The Secretary of State shall forward documents received under this paragraph (c)(2) to the individual at the filed residential address.
(3) An individual appointed under this section shall notify the Secretary of State of a change of address within 30 days of the change. An address required under this subsection must include a street address.
(d) (1) Before issuance of a commission as a notary public, an individual applying for a commission shall execute an oath of office and submit it to the Secretary of State as required under § 4308 of this title.
(2) On compliance with this section, the Governor shall issue a commission as a notary public to an individual for the term under § 4307(a) of this title.
(3) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees.
(4) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for cause, including under § 4334 of this title.
(e) The Secretary of State may promulgate regulations or establish additional standards and guidelines governing applications, registrations, appointments, and the conduct of notaries public.
Code 1852, § 661; 23 Del. Laws, c. 69, § 3; Code 1915, § 1006; 36 Del. Laws, c. 107; Code 1935, § 1136; 41 Del. Laws, c. 100; 43 Del. Laws, c. 97; 48 Del. Laws, c. 138; 29 Del. C. 1953, § 4301; 50 Del. Laws, c. 43, § 1; 53 Del. Laws, c. 29; 53 Del. Laws, c. 350; 58 Del. Laws, c. 511, § 63; 69 Del. Laws, c. 123, §§ 1-3; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, §§ 1, 2; 83 Del. Laws, c. 425, § 1;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.
Code 1852, § 661; 23 Del. Laws, c. 69, §§ 1-3; Code 1915, § 1006; 32 Del. Laws, c. 61; 33 Del. Laws, c. 64, §§ 1-2; 36 Del. Laws, c. 107; Code 1935, § 1136; 29 Del. C. 1953, § 4302; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 91, § 14; 76 Del. Laws, c. 253, § 1;The Governor shall appoint 1 notary public for each trust company, bank, banking association or branch or branches thereof in this State, whether state or national, chartered or organized under the laws of this State or of the United States.
Code 1852, § 661; 23 Del. Laws, c. 69, §§ 1-3; Code 1915, § 1006; 36 Del. Laws, c. 107; Code 1935, § 1136; 48 Del. Laws, c. 176; 29 Del. C. 1953, § 4303; 76 Del. Laws, c. 253, § 1;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.
29 Del. C. 1953, § 4303A; 55 Del. Laws, c. 383; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 253, § 1;(a) 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. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any veteran, their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered.
(b) The Governor may, upon the request of any administrative head of any volunteer fire company or volunteer ambulance and rescue company, appoint 1 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 acknowledgements, except on documents and papers in connection with and for the benefit of any members of the organizations listed herein to include their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered.
(c) On the request of the administrative head of a qualified police agency, the Governor shall appoint a sufficient number of limited governmental notaries public as may be requested by the administrative head to facilitate the law-enforcement responsibilities of the qualified police agency. The appointment is to be for a term of 2 years, without charge to the appointee, administrative head, or police agency. For purposes of this section, a “qualified police agency” means a state, county, municipal, or local governmental agency or unit of this State whose personnel includes full-time police officers who are statutorily responsible for the prevention or investigation of crime involving injury to persons or property and who are authorized to execute search warrants and to make arrests.
(d) (1) The Governor may appoint as a limited governmental notary public an individual who otherwise meets the requirements of § 4301(b) of this title if all of the following apply:
a. The individual is an employee of a state governmental agency or unit or an employee of a qualified police agency.
b. The individual submits all of the following forms to be established by the Secretary:
1. An application form completed by the individual.
2. An employer request and approval form.
(2) a. An appointment under paragraph (d)(1) of this section expires on the end of the individual’s employment with a state governmental agency or unit or qualified police agency and is to be made without charge to the appointee or the agency or unit or qualified police agency.
b. An individual appointed under paragraph (d)(1) of this section may not do any of the following:
1. Perform a notarial act other than a notarial act authorized by the individual’s state governmental agency or unit or qualified police agency.
2. Charge for a service rendered.
c. Except for the expiration date statement, which must state “My Commission expires upon office” , the individual’s official stamp must comply with § 4330 of this title.
d. If the individual transfers employment to another state governmental agency or unit or qualified police agency, the individual shall notify the Secretary of State of the transfer within 30 days. The individual may retain the appointment only if the individual provides to the Secretary of State an employer request and approval form from the agency or unit or qualified police agency to which the individual transferred.
Code 1935, § 1136; 41 Del. Laws, c. 99; 29 Del. C. 1953, § 4304; 50 Del. Laws, c. 37, § 1; 51 Del. Laws, c. 361; 56 Del. Laws, c. 174; 58 Del. Laws, c. 10; 66 Del. Laws, c. 139, § 2; 67 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 3, § 1; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 4; 83 Del. Laws, c. 425, § 3;(a) An individual is to be initially commissioned as a notary public for a term of 2 years. A notary public who wishes to renew the notary public’s commission may request a 2-year reappointment or a 4-year reappointment. An individual must pay a nonrefundable application fee of $60 for a 2-year term or $90 for a 4-year term.
(b), (c) [Repealed.]
(d) A notary public who wishes to resign from office or who no longer meets the qualifications for a commission during the notary’s term of office shall immediately mail or deliver the official commission to the Secretary of State, who shall cancel the same.
(e) [Repealed.]
(f) If any person shall knowingly or wilfully make any false or fraudulent statement or misrepresentation in or with reference to any application for a notary commission or any other document required by this chapter, the person is guilty of perjury.
Code 1852, § 663; 21 Del. Laws, c. 59, § 1; 23 Del. Laws, c. 69, § 3; Code 1915, § 1008; 28 Del. Laws, c. 70; Code 1935, § 1139; 29 Del. C. 1953, § 4305; 59 Del. Laws, c. 440, § 1; 66 Del. Laws, c. 186, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 65, § 1; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, §§ 5, 6; 83 Del. Laws, c. 425, § 4;A notary public shall take and subscribe the oath or affirmation prescribed by Article XIV of the Constitution of this State. A notary public is exempt from the recordation of the oath of office prescribed by § 9605(a) of Title 9. A notary public may not perform notarial acts until a copy of the fully executed oath is received by the Secretary of State in an electronic or paper document format deemed acceptable by the Secretary of State.
Code 1852, §§ 666, 667; 21 Del. Laws, c. 59, § 2; Code 1915, § 1011; 28 Del. Laws, c. 70; Code 1935, § 1142; 29 Del. C. 1953, § 4306; 50 Del. Laws, c. 43, § 2; 59 Del. Laws, c. 440, § 2; 66 Del. Laws, c. 186, § 3; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 7; 83 Del. Laws, c. 425, § 5;(a) The maximum fee a notary public may charge for a notarial act performed with respect to a tangible record is $5.00.
(b) The maximum fee a notary public may charge for a notarial act performed with respect to an electronic record is $25.
(c) The fees prescribed in this section are the maximum fees to be charged by a notary public and, on violation of this section, the Secretary of State may revoke the commission of the notary public and the notary public may not be reappointed within a period of 2 years.
(d) A notary public may choose to waive any fee for any notarial act.
Code 1852, §§ 666, 667, 2830, 2833, 2834, 2836; Code 1915, §§ 1011, 4883, 4886, 4887, 4889; 28 Del. Laws, c. 70; 33 Del. Laws, c. 65; 34 Del. Laws, c. 91, § 4; Code 1935, §§ 1142, 1146, 5371, 5374, 5375, 5377; 29 Del. C. 1953, § 4309; 72 Del. Laws, c. 65, §§ 3-6; 76 Del. Laws, c. 253, § 1; 83 Del. Laws, c. 425, § 8;(a) No notary public or other person who is authorized by law to take the acknowledgment of instruments or to administer oaths or affirmations shall charge any person serving in the armed forces of the United States, or a veteran of any war, or the widow or children of a soldier, or soldier’s parents, or widower or other relative of any person in the armed services the fee provided by law when an acknowledgment, oath or affirmation is taken in connection with any paper or papers required to be executed by the Veterans Administration or in support of any claim or other papers connected with or referring to the service of any male or female now serving or who hereafter may serve or who, in the past, has served in the armed forces of the United States.
(b) Whoever violates subsection (a) of this section shall be fined not less than $10 nor more than $25 and, in default of the payment of such fine, shall be imprisoned for not more than 5 days.
(c) Justices of the peace shall have jurisdiction of offenses under this section.
Code 1935, § 1138A; 45 Del. Laws, c. 259; 29 Del. C. 1953, § 4311; 76 Del. Laws, c. 253, § 1;(a) The commission appointing a notary public must be in a form as the Secretary of State designates and must be executed by the Governor and the Secretary of State. The signatures required by this subsection may be satisfied by an electronic or a facsimile signature which may be engraved, printed, or stamped on the commission.
(b) The impression of the Great Seal of the State, or a facsimile of the Great Seal, must be engraved or printed on the commission.
29 Del. C. 1953, § 4312; 55 Del. Laws, c. 66; 76 Del. Laws, c. 253, § 1; 77 Del. Laws, c. 165, § 8; 83 Del. Laws, c. 425, § 9;