Delaware Notary cheat sheet
Delaware Notary · Keep the key ideas within reach.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.
Notary Public Responsibilities and Duties
A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.
The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.
A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.
The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.
A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.
The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.
A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.
A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.
Notarial Acts and Procedures
Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.
Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.
Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.
Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.
Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.
The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.
The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.
If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.
The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.
Prohibited Acts and Official Misconduct
Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.
Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.
Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.
Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.
Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.
Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.
The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.
Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.
Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.
Delaware Notarial Law and Application Process
Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.
The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.
The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.
The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.
The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.
A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.
The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.
A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.