Delaware Code Title 29 Sec. 4327 – Certificate of notarial acts
(a) A notarial act must be evidenced by a certificate physically or electronically signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office that the notarial officer holds and may include the official stamp or seal of office, or the electronic notary’s electronic seal. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty with the military services of the United States, it must also include the officer’s rank.
Terms Used In Delaware Code Title 29 Sec. 4327
- 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
- Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Delaware Code Title 29 Sec. 4321
- electronic seal: means information within a notarized electronic document that confirms the notary's name, jurisdiction, and commission expiration date and generally corresponds to data in notary seals used on paper documents. See Delaware Code Title 29 Sec. 4321
- 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:
- Notarial officer: shall mean a notary public or any other officer authorized to perform notarial acts. See Delaware Code Title 29 Sec. 4321
- Seal: means a device for affixing on a paper document an image containing the notary's name and other information related to the notary's commission. 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) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) of this section and it:
(1) Is in the short form set forth in § 4328 of this title;
(2) Is in a form otherwise prescribed by the law of this State;
(3) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(4) Sets forth the actions of the notarial officer, and those are sufficient to meet the requirements of the designated notarial act.
(5) Near the notary’s official signature on the notarial certificate of a paper document, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal, or, to an electronic document, the notary shall attach an official electronic seal.
(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by § 4322 of this title.
63 Del. Laws, c. 61, § ?4; 64 Del. Laws, c. 275, § ?1; 76 Del. Laws, c. 253, § ?1;