Delaware Code Title 29 Sec. 4318 – Requirements for certain notarial acts
(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.
Terms Used In Delaware Code Title 29 Sec. 4318
- Acknowledgment: shall mean a statement by a person that the person has executed an instrument for the purposes stated therein. See Delaware Code Title 29 Sec. 4321
- Affirmation: shall mean a promise of truthfulness that is a solemn, spoken pledge on one's own, personal honor without reference to a Supreme Being. 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 officer: shall mean a notary public or any other officer authorized to perform notarial acts. See Delaware Code Title 29 Sec. 4321
(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;