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Delaware Laws | Title 29 State Government
CHAPTER 43. NOTARIES PUBLIC
Subchapter II. Notarial Acts

(1) A judge, clerk or deputy clerk of a court; (10421)

(2) A commissioned officer on active duty with the military services of the United States; (10422)

(3) An officer of the foreign service or consular officer of the United States; or (10423)

(4) Any other person authorized by federal law to perform notarial acts. (10424)

(b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title. (10425)

(c) The signature and title of an officer listed in paragraph (a)(1), (a)(2) or (a)(3) of this section conclusively establish the authority of a holder of that title to perform a notarial act. (10426)

(d) A document notarized by a notary public or other person referenced in this section above, which appears on its face to be properly notarized, shall be presumed to have been notarized properly in accordance with the laws and regulations of the jurisdiction in which the document was notarized. (10427)

(63 Del. Laws, c. 61, Sec. 4; 64 Del. Laws, c. 275, Sec. 1; 76 Del. Laws, c. 253, Sec. 1.) (10428)

Sec. 4326. Foreign notarial acts. (10429)(Text)

(a) A notarial act has the same effect under the law of this State, as if performed by a notarial officer of this State, if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons: (10430)

(1) A notary public or notary; (10431)

(2) A judge, clerk or deputy clerk of a court of record; or (10432)

(3) Any other person authorized by the law of that jurisdiction to perform notarial acts. (10433)

(b) An "apostille" in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the designated office. (10434)

(c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate. (10435)

(d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the designated title. (10436)

(e) An official stamp or seal of an officer listed in paragraph (a)(1) or (a)(2) of this section is prima facie evidence that a person with that title has authority to perform notarial acts. (10437)

(f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, it conclusively establishes the authority of an officer with that title to perform notarial acts. (10438)

(63 Del. Laws, c. 61, Sec. 4; 64 Del. Laws, c. 275, Sec. 1; 76 Del. Laws, c. 253, Sec. 1.) (10439)

Sec. 4327. Certificate of notarial acts. (10440)(Text)

(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. (10441)

(b) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) of this section and it: (10442)

(1) Is in the short form set forth in Sec. 4328 of this title; (10443)

(2) Is in a form otherwise prescribed by the law of this State; (10444)

(3) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or (10445)

(4) Sets forth the actions of the notarial officer, and those are sufficient to meet the requirements of the designated notarial act. (10446)

(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. (10447)

(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by Sec. 4322 of this title. (10448)

(63 Del. Laws, c. 61, Sec. 4; 64 Del. Laws, c. 275, Sec. 1; 76 Del. Laws, c. 253, Sec. 1.) (10449)

Sec. 4328. Short forms. (10450)(Text)

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by Sec. 4327(a) of this title: (10451)

(1) For an acknowledgment in an individual capacity: (10452)

State of............... (10453)

County of............... (10454)

This instrument was acknowledged before me on (date) by (name(s) of person(s)). (10455)

……………………............. (10456)

(signature of notarial officer) (10457)

(Seal) (10458)

…………………………….. (10459)

(title and rank) (10460)

(my commission expires:....... .) (10461)

(2) For an acknowledgment in a representative capacity: (10462)

State of............... (10463)

County of............. (10464)

This instrument was acknowledged before me on (date) by (name(s) of person(s)) as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed). (10465)

………………………........... (10466)

(signature of notarial officer) (10467)

(Seal) (10468)

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