Delaware Code Title 29 Sec. 4321 v2 – Identification of individual
(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
Terms Used In Delaware Code Title 29 Sec. 4321 v2
- 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
- Credible witness: means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual's identity. 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:
- 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 has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by any of the following:
(1) By means of any of the following:
a. A passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.
b. Another form of government identification issued to an individual, which is current and not expired before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.
(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.
(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.