(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by any of the following:

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

(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.

(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas.

(4) Any other individual authorized by federal law to perform the notarial act.

Terms Used In Delaware Code Title 29 Sec. 4326 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
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302

(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of an 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.

63 Del. Laws, c. 61, § ?4; 64 Del. Laws, c. 275, § ?1; 76 Del. Laws, c. 253, § ?1; 83 Del. Laws, c. 425, § 11;