Delaware Code Title 29 Sec. 4301 – Appointment of notaries in general; qualifications; revocation
(a) In addition to the notaries public authorized to be appointed under §§ 4302-4306 of this title, the Governor may appoint as many notaries public as the Governor may decide is necessary and proper in each county of the State. The Governor may delegate such duties relative to the appointment of notaries to the Secretary of State as the Governor may decide is necessary and proper. For purposes of this title, “Secretary” shall mean the Secretary of State. Any person who acts as a notary under Delaware law shall register and be commissioned and otherwise be in compliance with the provisions of this title.
Terms Used In Delaware Code Title 29 Sec. 4301
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Delaware Code Title 29 Sec. 4321
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Secretary: means Secretary of State. See Delaware Code Title 29 Sec. 4321
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Any person who desires to become a notary shall be at least 18 years of age and shall provide such evidence as the Secretary may require to show:
(1) Good character and reputation;
(2) A reasonable need for a notary commission; and
(3) Legal residence including street address of the notary within the State.
(c) The Governor may also appoint, as notaries public for notarial acts other than electronic notarial acts, nonresidents of this State who otherwise meet the requirements of paragraphs (b)(1) and (b)(2) of this section, provided that such individuals maintain an office or regular place of employment in Delaware. Nonresidents seeking appointments as notaries public shall include in their application a residential address and a Delaware employment address. Those appointed as notaries shall also notify the Secretary of each change of address within 30 days of such change. All addresses required by this subsection shall include a street address.
Service of process, subpoenas and other documents upon nonresident 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 § 376(b) of Title 8 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.
(d) The Governor, or as permitted, the Secretary may revoke any notary commission for cause.
(e) The Secretary may promulgate regulations or establish such additional standards and guidelines governing applications, registrations, appointments, and the conduct of resident and nonresident notaries.
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;