Delaware Code Title 29 Sec. 4332 – Journal of a notary public
(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.
Terms Used In Delaware Code Title 29 Sec. 4332
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Notarial act: shall mean any act that a notary public of this State is authorized to perform and includes:
- 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) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only 1 journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with regulations adopted by the Secretary of State.
(c) An entry in a journal must be made contemporaneously with performance of the notarial act and contain all of the following information:
(1) The date and time of the notarial act.
(2) A description of the record, if any, and type of notarial act.
(3) The full name and address of each individual for whom the notarial act is performed.
(4) If identity of the individual is based on personal knowledge, a statement to that effect.
(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential.
(6) The fee, if any, charged by the notary public.
(d) If a notary public’s journal is lost or stolen, the notary public shall promptly notify the Secretary of State on discovering that the journal is lost or stolen.
(e) On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (a) of this section and inform the Secretary of State where the journal is located.
(f) Instead of retaining a journal as provided in subsections (a) and (e) of this section, a current or former notary public may transmit the journal to the Secretary of State or a repository approved by the Secretary of State.
(g) On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Secretary of State or a repository approved by the Secretary of State.