(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.

Terms Used In Delaware Code Title 29 Sec. 4323 v2

  • 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:

    a. See Delaware Code Title 29 Sec. 4321

  • Notarial officer: shall mean a notary public or any other officer authorized to perform notarial acts. 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) 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;