Delaware Notary flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Acknowledgment

A notarial act in which the signer personally appears, is identified, and declares to the notary that the document was signed voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

Jurat

A notarial act in which the signer personally appears, is identified, and swears or affirms under oath that the contents of the document are true before the notary signs and seals the certificate.

Oath versus affirmation

An oath is a pledge invoking a higher power; an affirmation is a solemn pledge without religious reference, used when the person objects to swearing, and carries the same legal force.

Personal appearance requirement

The signer must be physically present before the notary at the time of the notarial act; appearance by video or telephone does not satisfy the requirement unless a statute expressly authorizes it.

Satisfactory evidence of identity

Identification by the notary's personal knowledge of the signer, or by a current government-issued photo identification card that the notary examines and records in the journal.

Notarial certificate

The written statement on or attached to the document that names the signer, states the notarial act performed, and is signed and sealed by the notary at the time of the act.

Copy certification

A notarial act certifying that a copy is a true and complete reproduction of an original the notary personally examined; public records and certain other documents may not be copy certified.

Journal entry

A contemporaneous record made by the notary listing the date, signer's name and address, identification type and number, the notarial act, and a description of the document notarized.

Signature by proxy

When the signer cannot sign, another person may sign only at the signer's direction and in the notary's presence, and the certificate must reflect that circumstance.

Blank document rule

A notary may not notarize a document containing blank spaces that could later be filled in; the signer must complete the blanks or the notary records the blanks in the journal.

Notary commission authority

A Delaware notary is commissioned by the Governor through the Secretary of State and may perform notarial acts anywhere in the state, not only in the county of residence.

Disqualifying interest

A notary may not perform a notarial act on a matter in which the notary has a direct or beneficial interest, such as being a party, grantee, grantor, or named beneficiary.

Custody of the seal

The official stamp or seal must remain in the notary's sole custody and control; lending it to another person or permitting its use by another is misconduct.

Notarizing a relative's signature

A notary may not notarize a spouse, child, parent, or sibling's signature where the act would create a direct financial or beneficial interest for the notary or the relative.

Duty to respond to the Secretary

The notary must answer truthfully and produce records or journals on lawful demand by the Secretary of State; refusal may result in suspension or revocation.

Name or address change

A notary who changes name or address must notify the Secretary of State within the statutory period and update the commission record; past acts are not voided by the omission.

Right to decline a notarization

A notary may refuse to perform a notarial act when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Statewide authority

The commission authorizes notarial acts throughout Delaware; the notary is not limited to the county where the notary resides or works.

Falsifying a notarial certificate

Altering or fabricating a certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation of the commission.

Notarizing without appearance

Issuing a notarial certificate for a signer who did not personally appear before the notary is a prohibited act, even if the signer later signs the document.

Excess fee prohibition

A notary may not charge more than the statutory maximum fee per notarial act or condition performance on payment of an unauthorized or inflated fee.

Improper advertising

Using the notarial office to promote goods or services in a way that implies official endorsement or misrepresents the notary's authority is prohibited.

Notarizing known fraud

Performing a notarial act on a document the notary knows to be fraudulent, or with intent to deceive a third party, is a prohibited act subject to discipline.

Self-benefit notarization

A notary may not notarize a document from which the notary or the notary's employer will receive a direct benefit, absent a statutory exception.

Unauthorized practice misrepresentation

Claiming the powers of an attorney or immigration consultant, or otherwise overstating notarial authority, is prohibited and may be prosecuted as unauthorized practice.

Records destruction

Destroying or failing to maintain the notarial journal or seal before the statutory retention period expires is misconduct subject to discipline.

Eligibility requirements

An applicant must be at least 18 years old, a Delaware resident or otherwise statutorily eligible, and of good moral character to receive a notary commission.

Application filing

The application is filed with the Secretary of State with the required fee and, where applicable, a surety bond in the statutory amount before the commission issues.

Examination requirement

The applicant must pass the required notary examination or complete the approved education requirement before the Secretary of State recommends issuance of the commission.

Issuance of commission

The Governor issues the commission on the Secretary of State's recommendation; the term is fixed by statute and the commission is renewable by reapplication.

Official seal design

The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State where required.

Surrender on leaving office

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.