Delaware Code Title 29 Sec. 4328 v2 – Certificate of notarial act
(a) A notarial act must be evidenced by a certificate. The certificate must meet all of the following:
(1) Be executed contemporaneously with the performance of the notarial act.
(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State.
(3) Identify the jurisdiction in which the notarial act is performed.
(4) Contain the title of office of the notarial officer.
(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission.
Terms Used In Delaware Code Title 29 Sec. 4328 v2
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 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
- Secretary: means Secretary of State. 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) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate.
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and any of the following:
(1) Is in a short form set forth in § 4329 of this title.
(2) Is in a form otherwise permitted by the law of this State.
(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.
(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in §§ 4318, 4319, and 4321 of this title or law of this State other than this subchapter.
(d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in §§ 4317, 4318, and 4319 of this title.
(e) A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the Secretary of State has established standards under § 4338 of this title for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
63 Del. Laws, c. 61, § ?4; 64 Del. Laws, c. 275, § ?1; 76 Del. Laws, c. 253, § ?1; 83 Del. Laws, c. 425, § 11;