Delaware Code Title 29 Sec. 4309 – Seal and powers
(a) The notary shall have a seal and shall exercise the powers and perform the duties belonging to that office. The notary shall also have power to take the acknowledgement of deeds and other instruments. The notary public must ensure, either from personal knowledge of identity or from satisfactory evidence of identity as defined in § 4321 of this title, that the individual whose presence and signature is being certified is in fact the person he or she claims to be.
Terms Used In Delaware Code Title 29 Sec. 4309
- 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 seal: means information within a notarized electronic document that confirms the notary's name, jurisdiction, and commission expiration date and generally corresponds to data in notary seals used on paper documents. 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.
- Notarial act: shall mean any act that a notary public of this State is authorized to perform and includes:
- Satisfactory evidence of identity: means identification of an individual based on:
- 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
(b) A notary who has registered with the Secretary to perform electronic notarizations as required by § 4302 of this title shall have an electronic seal and may perform a notarial act by electronic means. The electronic notary must ensure, either from personal knowledge of identity or from satisfactory evidence of identity as defined in § 4321 of this title, that the individual whose presence and signature is being certified is in fact the person he or she claims to be.
(c) A notary public or electronic notary public shall not notarize a document without the person signing the document being personally present.
Code 1852, § ?662; Code 1915, § ?1007; Code 1935, § ?1138; 29 Del. C. 1953, § ?4307; 63 Del. Laws, c. 85; 70 Del. Laws, c. 186, § ?1; 76 Del. Laws, c. 253, § ?1;