This subchapter may be cited as the “Revised Uniform Law on Notarial Acts.”

83 Del. Laws, c. 425, § 11; 

For purposes of this chapter:

(1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

(2) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

(4) “In a representative capacity” means acting as 1 of the following:

a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.

b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.

c. An agent or attorney-in-fact for a principal.

d. An authorized representative of another in any other capacity.

(5) a. “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this State.

b. “Notarial act” includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

(6) “Notarial officer” means a notary public or other individual authorized to perform a notarial act.

(7) “Notary public” means an individual commissioned to perform a notarial act under subchapter I of Chapter 43 of this title.

(8) “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.

(9) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(11) “Sign” means, with present intent to authenticate or adopt a record, to do any of the following:

a. Execute or adopt a tangible symbol.

b. Attach to or logically associate with the record an electronic symbol, sound, or process.

(12) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.

(13) “Stamping device” means any of the following:

a. A physical device capable of affixing to or embossing on a tangible record an official stamp.

b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.

(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(15) “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  72 Del. Laws, c. 65, §  8;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

(a) A notarial officer may perform a notarial act authorized by this subchapter or by law of this State other than this subchapter.

(b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

(c) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.

83 Del. Laws, c. 425, § 11; 

(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

(b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. A notarial officer may not attest to a copy of an official or public record that must be certified by a public official.

(e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in § 3-505 of Title 6.

63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  72 Del. Laws, c. 65, §  9;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

Except as provided under § 4320 of this title, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

83 Del. Laws, c. 425, § 11; 

(a) For purposes of this section:

(1) “Communication technology” means an electronic device or process that does both of the following:

a. Allows a notarial officer and a remotely located individual to communicate with each other simultaneously by sight and sound.

b. When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

(2) “Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.

(3) “Identity proofing” means a process or service by which a third person provides a notarial officer with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

(4) “Outside the United States” means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.

(5) “Remotely located individual” means an individual who is not in the physical presence of the notarial officer who performs a notarial act under subsection (c) of this section.

(b) A remotely located individual may comply with § 4319 of this title by using communication technology to appear before a notarial officer.

(c) A notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if all of the following apply:

(1) The notarial officer has 1 or more of the following:

a. Personal knowledge under § 4321(a) of this title of the identity of the remotely located individual.

b. Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notarial officer under § 4321(b) of this title or this section.

c. Obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing.

(2) The notarial officer is able reasonably to confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the individual executed a signature.

(3) The notarial officer, or a person acting on behalf of the notarial officer, creates an audio-visual recording of the performance of the notarial act.

(4) For a remotely located individual located outside the United States, all of the following apply:

a. Any of the following apply:

1. The record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States.

2. The record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.

b. The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

(d) A notarial officer located in this State may use communication technology under subsection (c) of this section to take an acknowledgment of a signature on a tangible record physically present before the notarial officer if the record is displayed to and identified by the remotely located individual during the audio-visual recording under paragraph (c)(3) of this section.

(e) The requirement under paragraph (c)(2) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notarial officer is satisfied if all of the following apply:

(1) The remotely located individual does all of the following:

a. During the audio-visual recording under paragraph (c)(3) of this section, signs all of the following:

1. The record.

2. A declaration, in substantially the following form, that is part of or securely attached to the record:

b. Sends the record and declaration to the notarial officer not later than 3 days after the notarial act was performed.

(2) The notarial officer does all of the following:

a. In the audio-visual recording under paragraph (c)(3) of this section, records the individual signing the record and declaration.

b. After receipt of the record and declaration from the individual, executes a certificate of notarial act under § 4328 of this title, which must include a statement in substantially the following form:

I (name of notarial officer) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date).

(f) A notarial act performed in compliance with subsection (e) of this section complies with § 4328(a)(1) of this title and is effective on the date the remotely located individual signed the declaration under paragraph (e)(1)a.2. of this section.

(g) Subsection (e) of this section does not preclude use of another procedure to satisfy paragraph (c)(2) of this section for a notarial act performed with respect to a tangible record.

(h) A notarial officer located in this State may use communication technology under subsection (c) of this section to administer an oath to a remotely located individual if, except as otherwise provided by other law of this State, the notarial officer does all of the following:

(1) Identifies the individual under paragraph (c)(1) of this section.

(2) Creates or causes the creation under paragraph (c)(3) of this section of an audio-visual recording of the individual taking the oath.

(3) Retains or causes the retention under subsection (k) of this section of the recording.

(i) If a notarial act is performed under this section, the certificate of notarial act under § 4328 of this title and the short-form certificate under § 4329 of this title must indicate that the notarial act was performed using communication technology.

(j) A short-form certificate under § 4329 of this title for a notarial act subject to this section is sufficient if it does any of the following:

(1) Complies with regulations adopted under paragraph (m)(1) of this section.

(2) Is in the form under § 4329 of this title and contains a statement in substantially the following form:

This notarial act involved the use of communication technology.

(k) A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer shall retain the audio-visual recording created under paragraph (c)(3) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under paragraph (m)(4) of this section, the recording must be retained for a period of at least 10 years.

(l) (1) Before a notarial officer performs the notarial officer’s initial notarial act under this section, the notarial officer shall do all of the following:

a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to remotely located individuals.

b. Identify for the Secretary of State the technologies the notarial officer intends to use.

(2) If the Secretary of State has established standards under subsection (m) of this section and § 4338 of this title for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.

(m) In addition to adopting regulations under § 4338 of this title, the Secretary of State may adopt regulations under this section regarding performance of a notarial act. The regulations may do any of the following:

(1) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology.

(2) Establish standards for communication technology and identity proofing.

(3) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing.

(4) Establish standards and a period for the retention of an audio-visual recording created under paragraph (c)(3) of this section.

(5) Prescribe methods for a notarial officer to confirm under subsections (d) and (e) of this section the identity of a tangible record.

(n) Before adopting, amending, or repealing a regulation governing performance of a notarial act with respect to a remotely located individual, the Secretary of State must consider all of the following:

(1) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State.

(2) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section.

(3) The views of governmental officials and entities and other interested persons.

(o) By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audio-visual recording under paragraph (c)(3) of this section, the provider of the communication technology, identity proofing, or storage appoints the Secretary of State as the provider’s agent for service of process in any civil action in this State related to the notarial act.

76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by any of the following:

(1) By means of any of the following:

a. A passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.

b. Another form of government identification issued to an individual, which is current and not expired before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.

(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.

(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.

83 Del. Laws, c. 425, § 11; 

(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that all of the following apply:

(1) The individual executing the record is competent or has the capacity to execute the record.

(2) The individual’s signature is knowingly and voluntarily made.

(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this subchapter.

83 Del. Laws, c. 425, § 11; 

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.

83 Del. Laws, c. 425, § 11; 

(a) A notarial act may be performed in this State by any of the following:

(1) A notary public of this State.

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

(3) An individual licensed to practice law in this State.

(4) An individual authorized by law of this State to administer oaths.

(5) Any other individual authorized to perform the specific act by the law of this State.

(b) The signature and title of an individual performing a notarial act in this State are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of a notarial officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act.

64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

(a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed in that state is performed by any of the following:

(1) A notary public of that state.

(2) A judge, clerk, or deputy clerk of a court of that state.

(3) Any other individual authorized by the law of that state to perform the notarial act.

(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act.

64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by any of the following:

(1) A notary public of the tribe.

(2) A judge, clerk, or deputy clerk of a court of the tribe.

(3) Any other individual authorized by the law of the tribe to perform the notarial act.

(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act.

83 Del. Laws, c. 425, § 11; 

(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by any of the following:

(1) A judge, clerk, or deputy clerk of a federal court.

(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.

(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas.

(4) Any other individual authorized by federal law to perform the notarial act.

(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of an officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act.

63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.

(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notarial officer of this State.

(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

(a) A notarial act must be evidenced by a certificate. The certificate must meet all of the following:

(1) Be executed contemporaneously with the performance of the notarial act.

(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State.

(3) Identify the jurisdiction in which the notarial act is performed.

(4) Contain the title of office of the notarial officer.

(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission.

(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate.

(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and any of the following:

(1) Is in a short form set forth in § 4329 of this title.

(2) Is in a form otherwise permitted by the law of this State.

(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.

(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in §§ 4318, 4319, and 4321 of this title or law of this State other than this subchapter.

(d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in §§ 4317, 4318, and 4319 of this title.

(e) A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.

(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the Secretary of State has established standards under § 4338 of this title for attaching, affixing, or logically associating the certificate, the process must conform to the standards.

63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11; 

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by § 4328(a) and (b) of this title:

(1) For an acknowledgment in an individual capacity:

State of ________________ County of ________________ This record was acknowledged before me on ____Date by ________________Name(s) of individual(s)________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(2) For an acknowledgment in a representative capacity:

State of ________________ County of ________________ This record was acknowledged before me on ____Date by ________________Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(3) For a verification on oath or affirmation:

State of ________________ County of ________________ Signed and sworn to (or affirmed) before me on ____Date by ____Name(s) of individual(s) making statement________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(4) For witnessing or attesting a signature:

State of ________________ County of ________________ Signed (or attested) before me on ____Date by ________________Name(s) of individual(s) ________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

(5) For certifying a copy of a record:

State of ________________ County of ________________ I certify that this is a true and correct copy of a record in the possession of ________________________________. Dated ________________________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires: ________________]

63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, §§ 11, 11; 

The official stamp of a notary public must meet all of the following:

(1) Include all of the following:

a. The notary public’s name as it appears on file with the Secretary of State.

b. “State of Delaware”.

c. “My Commission expires on” and the commission expiration date.

d. Other information required by the Secretary of State.

(2) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.

83 Del. Laws, c. 425, § 11; 

(a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act.

(b) On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.

(c) On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.

(d) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall promptly notify the Secretary of State on discovering that the device is lost or stolen.

83 Del. Laws, c. 425, § 11; 

(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.

(b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only 1 journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with regulations adopted by the Secretary of State.

(c) An entry in a journal must be made contemporaneously with performance of the notarial act and contain all of the following information:

(1) The date and time of the notarial act.

(2) A description of the record, if any, and type of notarial act.

(3) The full name and address of each individual for whom the notarial act is performed.

(4) If identity of the individual is based on personal knowledge, a statement to that effect.

(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential.

(6) The fee, if any, charged by the notary public.

(d) If a notary public’s journal is lost or stolen, the notary public shall promptly notify the Secretary of State on discovering that the journal is lost or stolen.

(e) On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (a) of this section and inform the Secretary of State where the journal is located.

(f) Instead of retaining a journal as provided in subsections (a) and (e) of this section, a current or former notary public may transmit the journal to the Secretary of State or a repository approved by the Secretary of State.

(g) On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Secretary of State or a repository approved by the Secretary of State.

83 Del. Laws, c. 425, § 11; 

(a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected.

(b) (1) Before a notarial officer performs the notarial officer’s initial notarial act with respect to an electronic record, a notarial officer shall do all of the following:

a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records.

b. Identify for the Secretary of State the technology the notarial officer intends to use.

(2) If the Secretary of State has established standards for approval of technology under § 4338 of this title, the technology must conform to the standards.

(3) If the technology conforms to the standards, the Secretary of State shall approve the use of the technology.

(c) A Recorder of Deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.

83 Del. Laws, c. 425, § 11; 

(a) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including any of the following:

(1) Failure to comply with this chapter.

(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State.

(3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit.

(4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit.

(5) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, regulations adopted by the Secretary of State, or any federal or state law.

(6) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have.

(7) Violation by the notary public of a regulation adopted by the Secretary of State regarding a notary public.

(8) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state.

(9) A violation under § 4311(c) of this title.

(b) If the Governor denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with Chapter 101 of this title.

(c) The authority of the Governor to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

83 Del. Laws, c. 425, § 11; 

The Secretary of State shall maintain an electronic database of notaries public that does all of the following:

(1) Permits a person to verify the authority of a notary public to perform notarial acts.

(2) Indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on electronic records or notarial acts for remotely located individuals under § 4320 of this title.

83 Del. Laws, c. 425, § 11; 

(a) A commission as a notary public does not authorize an individual to do any of the following:

(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law.

(2) Act as an immigration consultant or an expert on immigration matters.

(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters.

(4) Receive compensation for performing any of the activities listed in this subsection.

(b) A notary public may not engage in false or deceptive advertising.

(c) A notary public, other than an attorney licensed to practice law in this State, may not use the term “notario” or “notario publico” .

(d) (1) A notary public, other than an attorney licensed to practice law in this State, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.

(2) If a notary public who is not an attorney licensed to practice law in this State in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation:

“I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”

(3) If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by paragraph (d)(2) of this section because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

(e) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.

83 Del. Laws, c. 425, § 11; 

Except as otherwise provided in § 4317(b) of this title, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this State other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.

83 Del. Laws, c. 425, § 11; 

(a) The Secretary of State may adopt rules to implement this chapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. Regulations may do all of the following:

(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records.

(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.

(3) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.

(4) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public.

(5) Include provisions to prevent fraud or mistake in the performance of notarial acts.

(b) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this subchapter, all of the following:

(1) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.

(2) Standards, practices, and customs of other jurisdictions that substantially enact this subchapter.

(3) The views of governmental officials and entities and other interested persons.

83 Del. Laws, c. 425, § 11; 

A commission as a notary public in effect on August 1, 2023, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after August 1, 2023, is subject to and shall comply with this chapter. A notary public, in performing notarial acts after August 1, 2023, shall comply with this chapter.

83 Del. Laws, c. 425, § 11; 

(a) This subchapter applies to a notarial act performed on or after August 1, 2023.

(b) This subchapter does not affect the validity or effect of a notarial act performed before August 1, 2023.

83 Del. Laws, c. 425, § 11; 

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

83 Del. Laws, c. 425, § 11; 

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).

83 Del. Laws, c. 425, § 11;