Delaware Code Title 29 Sec. 4307 – Term of office; fees; resignation
(a) Notaries public shall be initially commissioned for the term of 2 years. Any notary public who wishes to renew that notary public’s own commission may request a 2-year reappointment or a 4-year reappointment. A notary applicant must pay a nonrefundable application fee of $60 for a 2-year term or $90 for a 4-year term.
Terms Used In Delaware Code Title 29 Sec. 4307
- Document: 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, including a record as defined in the Uniform Electronic Transactions Act (Chapter 12A of Title 6). See Delaware Code Title 29 Sec. 4321
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Delaware Code Title 29 Sec. 4321
- electronic notary: means a notary public who has been commissioned by the Secretary with the capability of performing electronic notarial acts under this chapter. See Delaware Code Title 29 Sec. 4321
- Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. See Delaware Code Title 29 Sec. 4321
- Notarial act: shall mean any act that a notary public of this State is authorized to perform and includes:
- Seal: means a device for affixing on a paper document an image containing the notary's name and other information related to the notary's commission. See Delaware Code Title 29 Sec. 4321
- 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) Electronic notaries public shall be commissioned for the term of 2 years. An electronic notary applicant must pay a nonrefundable application fee of $60. The Secretary may establish such other fees to cover the actual costs incurred by the State to issue or provide any special identification cards, hardware or other related materials, technologies or training to electronic notaries public.
(c) The Secretary may establish a schedule of fees for each electronic notarial act or service, not to exceed $10 per notarial act or service.
(d) Every notary who wishes to resign from office or who no longer meets the qualifications for a commission during their term of office shall immediately mail or deliver the official commission to the Secretary, who shall cancel the same.
(e) Every notary who is registered to perform electronic notarizations who wishes to resign or who no longer meets the qualifications for a commission or whose term of office shall have expired shall immediately erase, delete or destroy the coding, disk, certificate, card, software or password that enables the electronic affixation of the notary’s official electronic signature or seal and shall so certify to the Secretary. The failure of an electronic notary to comply with this subsection may result in the Secretary imposing a civil penalty on the notary of $500.
(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, such person shall be 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;