(a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed anywhere by any of the following persons under authority granted by the law of the United States:

(1) A judge, clerk or deputy clerk of a court;

(2) A commissioned officer on active duty with the military services of the United States;

(3) An officer of the foreign service or consular officer of the United States; or

(4) Any other person authorized by federal law to perform notarial acts.

Terms Used In Delaware Code Title 29 Sec. 4325

  • 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
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Prima-facie evidence: shall mean evidence that would, if uncontested, establish a fact or raise a presumption of a fact. See Delaware Code Title 29 Sec. 4321
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307

(b) 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.

(c) The signature and title of an officer listed in paragraph (a)(1), (a)(2) or (a)(3) of this section conclusively establish the authority of a holder of that title to perform a notarial act.

(d) 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 the jurisdiction in which the document was notarized.

63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 76 Del. Laws, c. 253, § 1.;