Statutes, Laws, and Regulations Governing Notarizations in Delaware

In Delaware, notaries public play a crucial role in ensuring the authenticity and integrity of important legal documents. Whether you’re buying a house, creating a will, or executing a power of attorney, a notary public is there to witness your signature and verify your identity. Understanding the statutes, laws, and regulations governing notarizations in Delaware is essential for both notaries and individuals seeking notarial services.

1. The Delaware Notary Public Act

At the heart of notarial practice in Delaware lies the Delaware Notary Public Act. Enacted in 1972, this act outlines the rules and requirements for becoming a notary public in the state. It establishes the qualifications, appointment process, and duties of notaries, ensuring their compliance with legal standards.

Source: Delaware Code Title 29, Chapter 43

2. Duties and Responsibilities of a Delaware Notary

A Delaware notary public has various responsibilities to uphold. Apart from witnessing signatures, they are empowered to administer oaths and affirmations, take acknowledgments, and certify copies of certain documents. Notaries must exercise their duties with impartiality, honesty, and integrity, ensuring that the notarial act is performed accurately and according to the law.

Source: Delaware Code Title 29, Section 4312

3. Notary Jurisdiction

It’s important for notaries in Delaware to understand their jurisdiction. Generally, a notary’s powers extend throughout the entire state, allowing them to notarize documents anywhere within its borders. However, it’s crucial to note that certain documents may require additional authentication, such as obtaining an apostille or certification from the Delaware Secretary of State.

Source: Delaware Code Title 29, Section 4310

4. Notary Fees and Recordkeeping

Delaware law also addresses the fees notaries can charge for their services. Notaries are authorized to charge reasonable fees for performing notarial acts; however, the specific fee amounts are not explicitly defined by statute. Additionally, notaries must maintain a record book, known as a notary journal, in which they record each notarial act they perform.

Source: Delaware Code Title 29, Sections 4320-4322

5. Renewal and Resignation of Notary Commission

Notaries in Delaware hold their positions for a term of four years. To continue serving as a notary public, individuals must apply for a renewal within 60 days before the expiration of their commission. On the other hand, if a notary wishes to resign before the end of their term, they can do so by submitting a written resignation to the Secretary of State.

Source: Delaware Code Title 29, Sections 4316-4317

Additional Resources

For more information on notary laws and regulations in Delaware, you can visit the following government websites:

• Delaware Notary Public
• Delaware Notary Public Act
• Delaware Notary Fees and Rules
• Delaware Notary Forms and Publications
• Delaware Notary FAQs

By familiarizing yourself with the statutes, laws, and regulations governing notarizations in Delaware, you can ensure a smooth and legally compliant notarial process. Remember, notaries public are vital guardians of trust, helping to maintain the integrity and reliability of important legal documents.

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