Sections
Subchapter I Office and Duties 4301 – 4314 v2
Subchapter II Revised Uniform Law on Notarial Acts [Effective Aug. 1, 2023]. 4321 – 4342

Terms Used In Delaware Code > Title 29 > Chapter 43 - Notaries Public

  • Acknowledgment: shall mean a statement by a person that the person has executed an instrument for the purposes stated therein. See Delaware Code Title 29 Sec. 4321
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmation: shall mean a promise of truthfulness that is a solemn, spoken pledge on one's own, personal honor without reference to a Supreme Being. See Delaware Code Title 29 Sec. 4321
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bequest: Property gifted by will.
  • Chambers: A judge's office.
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corridor route: means any existing or proposed road in an urban or rural area which is classified as part of the "principal arterial highway system" as defined in the National Highway Functional Classification Studies on record with the Department and which serves traffic corridor movements of substantial statewide or interstate travel and as to which the concept of service to abutting land is subordinate to the provisions of travel service to major traffic movements. See Delaware Code Title 29 Sec. 8402
  • Credible witness: means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual's identity. See Delaware Code Title 29 Sec. 4321
  • Department: means the Department of Health and Social Services. See Delaware Code Title 29 Sec. 7972
  • Department: means the Department of Health and Social Services. See Delaware Code Title 31 Sec. 2101
  • Department: means the Department of Transportation. See Delaware Code Title 29 Sec. 8402
  • Dependent: A person dependent for support upon another.
  • Deputy Secretary: means the Deputy Secretary of the Department of Transportation. See Delaware Code Title 29 Sec. 8402
  • Devise: To gift property by will.
  • Director: means the Director of the Transportation Authority and/or the Director of the Division of Highways and/or the Director of the Office of Administration. See Delaware Code Title 29 Sec. 8402
  • Division: means the Division for the Visually Impaired under § 7929 of Title 29, a division of the Department of Health and Social Services. See Delaware Code Title 31 Sec. 2101
  • Division: means the Division of Highways. See Delaware Code Title 29 Sec. 8402
  • 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 notary: means a notary public who has been commissioned by the Secretary with the capability of performing electronic notarial acts under this chapter. 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
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. See Delaware Code Title 29 Sec. 4321
  • Ex officio: Literally, by virtue of one's office.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Delaware Code Title 6 Sec. 2A-103
  • Legacy: A gift of property made by will.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • Oath: shall mean a promise of truthfulness that is a solemn, spoken pledge to a Supreme Being. See Delaware Code Title 29 Sec. 4321
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
  • Person with blindness: means an individual with total blindness or visual acuity of not more than 20/200 in the better-seeing eye with best conventional correction or whose vision is limited in field so that the widest diameter subtends an angle no greater than 20 degrees. See Delaware Code Title 31 Sec. 2101
  • Person with visual impairment: means an individual who has a visual acuity of not more than 20/70 to 20/200 in the better-seeing eye with the best conventional correction. See Delaware Code Title 31 Sec. 2101
  • personally knows: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed. See Delaware Code Title 29 Sec. 4321
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means :

    a. See Delaware Code Title 29 Sec. 4321

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Representative capacity: shall mean :

    a. See Delaware Code Title 29 Sec. 4321

  • Satisfactory evidence of identity: means identification of an individual based on:

    a. 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
  • Secretary: means the Secretary of the Department of Transportation. See Delaware Code Title 29 Sec. 8402
  • Secretary: means Secretary of State. See Delaware Code Title 29 Sec. 4321
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statute: A law passed by a legislature.
  • Transportation Authority: means Delaware Transportation Authority. See Delaware Code Title 29 Sec. 8402
  • Trustee: A person or institution holding and administering property in trust.
  • Verification upon oath or affirmation: shall mean a statement by a person who asserts that the statement is true and makes the assertion upon oath or affirmation. See Delaware Code Title 29 Sec. 4321
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302