Delaware Code Title 29 Sec. 4323 – Notarial acts — Acts in this State
(a) A notarial act may be performed within this State by the following persons:
(1) A notary public of this State;
(2) A judge, clerk or deputy clerk of any court of this State;
(3) A person licensed to practice law in this State;
(4) A person authorized by the law of this State to administer oaths; and
(5) Any other person authorized to perform the specific act by the law of this State.
Terms Used In Delaware Code Title 29 Sec. 4323
- 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
- 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
- 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) Notarial acts performed within this State under federal authority as provided in § 4325 of this title have the same effect as if performed by a notarial officer of this State.
(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(d) An electronic notarial act performed by a person appointed by the Governor under this chapter shall be deemed to have been performed within this State.
(e) A document notarized by a notary public or other person referenced in this section above, which appears on its face to be properly notarized, shall be presumed to have been notarized properly in accordance with the laws and regulations of this State.