Delaware Code Title 29 Sec. 4336 – Prohibited acts of a notary public
(a) A commission as a notary public does not authorize an individual to do any of the following:
(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law.
(2) Act as an immigration consultant or an expert on immigration matters.
(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters.
(4) Receive compensation for performing any of the activities listed in this subsection.
Terms Used In Delaware Code Title 29 Sec. 4336
- 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
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) A notary public may not engage in false or deceptive advertising.
(c) A notary public, other than an attorney licensed to practice law in this State, may not use the term “notario” or “notario publico” .
(d) (1) A notary public, other than an attorney licensed to practice law in this State, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.
(2) If a notary public who is not an attorney licensed to practice law in this State in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation:
“I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”
(3) If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by paragraph (d)(2) of this section because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(e) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.