First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.
Continue in the practice tool above to load more questions, 50 at a time.
Question 1Notary Public Responsibilities and Duties
Under Delaware law, which body issues a notary public's commission?
- The Governor of Delaware
- The Secretary of State Correct answer.
- The county recorder of deeds
- The Superior Court
Explanation
Delaware notaries receive their commission from the Secretary of State, who administers the notary program, reviews applications, and maintains the statewide roster. The Governor and the courts play no role in issuing notary commissions, and county offices handle recording rather than commissioning.
Question 2Notary Public Responsibilities and Duties
What is the usual term of a Delaware notary public's commission?
- Six years
- Two years
- Four years Correct answer.
- At the pleasure of the appointing officer
Explanation
A Delaware notary commission runs for a term of four years and may be renewed by applying to the Secretary of State before or after expiration, subject to the applicable renewal rules. Shorter and longer terms do not match Delaware's statutory scheme, and notaries are not removable at will by an appointing officer.
Question 3Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a document for a close family member. What does Delaware law require?
- The notary may proceed if the relationship is disclosed in the certificate
- The notary may proceed because family members are permitted signers
- The notary must decline because a notary may not act in a matter involving a close family relationship Correct answer.
- The notary may proceed if another witness is present
Explanation
Delaware prohibits a notary from performing notarial acts in transactions where the notary has a direct financial or beneficial interest, and the statute extends the disqualification to a spouse or close family member. Disclosure in the certificate does not cure the conflict, and the presence of a witness does not remove it.
Question 4Notary Public Responsibilities and Duties
Which element must a Delaware notary's official stamp or seal contain?
- The notary's home address
- The name of the county where the notary resides
- The words 'Notary Public' and the State of Delaware Correct answer.
- The expiration date of the notary's bond
Explanation
Delaware requires the official stamp to identify the notary as a notary public and to reference the State of Delaware, along with the notary's name. Home address, bond expiration, and county of residence are not required stamp elements.
Question 5Notary Public Responsibilities and Duties
A Delaware notary notarizes a signature without the signer appearing before the notary, relying only on a phone call. How is this act characterized?
- Improper, because personal appearance of the signer is required Correct answer.
- Valid, because the notary recognized the signer's voice
- Valid, because the signer later confirmed by email
- Improper only if the document is a deed
Explanation
A notarial act requires the signer to appear personally before the notary so the notary can verify identity and observe the signing or acknowledgment. Voice recognition over the telephone and later email confirmation do not satisfy the personal-appearance requirement for any type of document.
Question 6Notary Public Responsibilities and Duties
Which form of identification is acceptable for a Delaware notary to verify a signer's identity?
- A verbal statement by the signer's coworker
- A library card bearing the signer's name
- An expired student identification card
- A current government-issued photo identification card Correct answer.
Explanation
Delaware notaries may rely on satisfactory evidence of identity, which includes a current government-issued photo identification such as a driver's license or passport. Cards without photos, expired credentials, and statements by third parties are not reliable satisfactory evidence.
Question 7Notary Public Responsibilities and Duties
A Delaware notary keeps a journal of notarial acts. Which entry best satisfies the journal requirement?
- Only the notary's signature and stamp impression
- The date, the signer's name, the document type, and the identification presented Correct answer.
- The signer's initials and the fee charged
- The names of the witnesses and the notary's commission number
Explanation
A proper journal entry records the date of the act, the name of the signer, the type of document, and the identification relied upon, among other details. Initials alone, a bare stamp, or witness names without the core identifying information do not meet the recordkeeping purpose.
Question 8Notary Public Responsibilities and Duties
What must a Delaware notary do upon administering an oath or affirmation?
- Administer the oath and complete a jurat certificate Correct answer.
- Witness the signer's signature only
- Require the signer to sign twice
- Attach a copy of the signer's photo identification to the document
Explanation
When a notarial act involves an oath or affirmation, the notary administers the oath and completes a jurat certificate stating that the signer swore to or affirmed the truth of the contents. Merely witnessing a signature describes an acknowledgment, and attaching identification is not a required step.
Question 9Notary Public Responsibilities and Duties
A Delaware notary is asked to certify a copy of a birth certificate. What is the correct response?
- Decline, because certifying copies of vital records is outside a notary's authority Correct answer.
- Certify the copy and note that it is for informational use only
- Certify the copy because notaries may copy any public record
- Certify the copy only if the original is present
Explanation
Delaware notaries may certify copies of certain documents, but vital records such as birth certificates are excluded because only the issuing agency may provide certified copies. Presence of the original and disclaimers do not expand the notary's authority.
Question 10Notary Public Responsibilities and Duties
Which statement accurately describes the notarial act of acknowledgment?
- The notary certifies the document's legal sufficiency
- The signer declares that the signature is genuine and voluntarily made Correct answer.
- The signer swears to the truth of the document's contents
- The notary verifies the accuracy of the facts stated in the document
Explanation
In an acknowledgment, the signer personally appears and declares that the signature on the document is his or her own and was voluntarily made. The notary does not vouch for the truth of the contents or the legal sufficiency of the document, which distinguishes an acknowledgment from a jurat.
Question 11Notary Public Responsibilities and Duties
A Delaware notary is named as a beneficiary in a will and is asked to notarize the will's self-proving affidavit. What should the notary do?
- Decline because the notary has a beneficial interest in the document Correct answer.
- Notarize because beneficiaries may witness notarial acts
- Notarize and disclose the interest to the witnesses
- Notarize because the will is not a financial transaction
Explanation
Delaware bars a notary from performing a notarial act in a transaction in which the notary has a direct beneficial interest, and being a named beneficiary creates exactly that disqualifying interest. Disclosure to witnesses does not cure the conflict, and the prohibition is not limited to commercial transactions.
Question 12Notary Public Responsibilities and Duties
How should a Delaware notary handle a notarial certificate written in a language the notary cannot read?
- Sign it and add an English disclaimer
- Sign it if the signer translates it aloud
- Sign it if a bilingual witness also signs
- Decline unless the notary can understand the certificate Correct answer.
Explanation
A notary must understand the certificate being completed, so a certificate in an unfamiliar language should not be executed. A signer's oral translation, a disclaimer, or a bilingual witness does not give the notary the competence the law expects.
Question 13Notary Public Responsibilities and Duties
Which fee practice is consistent with Delaware notary rules?
- Charging whatever the notary's written schedule states
- Charging no more than the statutory fee for each notarial act Correct answer.
- Charging the maximum fee for every act regardless of the statutory cap
- Charging a percentage of the transaction value
Explanation
Delaware sets statutory limits on notary fees, and a notary may not charge more than the prescribed amount for each act. A self-made schedule, a flat maximum ignoring the cap, and percentage-based charges all exceed or conflict with the statutory fee structure.
Question 14Notary Public Responsibilities and Duties
A Delaware notary's commission has expired, but the notary continues to notarize documents. What is the consequence?
- The acts are valid if performed in good faith
- The acts are invalid and the notary may face penalties Correct answer.
- The acts are valid only for in-state documents
- The acts are valid if the notary renews within thirty days
Explanation
Once a commission expires, the person no longer holds notarial authority, so acts performed after expiration are invalid and can expose the person to civil or criminal penalties. Good faith, later renewal, and the document's origin do not retroactively validate acts performed without a commission.
Question 15Notary Public Responsibilities and Duties
What is the primary purpose of the notary's official seal or stamp on a notarial certificate?
- To authenticate the notary's authority and the act performed Correct answer.
- To indicate the document's recording date
- To show the notary's employer
- To record the fee the notary collected
Explanation
The official stamp identifies the notary and evidences that the notarial act was performed by a commissioned officer, giving the certificate its authenticating effect. Employer information, fee amounts, and recording dates are not functions of the seal.
Question 16Notary Public Responsibilities and Duties
A signer appears before a Delaware notary but refuses to take an oath and instead asks to 'just sign.' Which act can the notary properly perform?
- A jurat, because the signer signed in the notary's presence
- An oath administered to the notary's assistant
- A certified copy of the signature page
- An acknowledgment, if the signer declares the signature is voluntary Correct answer.
Explanation
An acknowledgment requires only that the signer personally appear and declare the signature genuine and voluntary, so it fits a signer who declines an oath. A jurat requires the signer to swear or affirm, which this signer refused, and the other options are not notarial acts the notary may substitute.
Question 17Notary Public Responsibilities and Duties
Which record must a Delaware notary make available to the Secretary of State upon lawful request?
- The notary's personal tax returns
- The notary's employment contract
- The notary's journal of notarial acts Correct answer.
- The notary's client billing statements
Explanation
The notary journal is an official record of notarial acts and must be produced when the Secretary of State lawfully requests it. Personal tax returns, client billing, and employment contracts are private business records outside that obligation.
Question 18Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a document for a person who cannot sign but can make a mark. What is the proper approach?
- Have a witness sign and omit the signer's mark
- Refuse, because marks are never acceptable
- Allow a mark made in the presence of the notary with proper notation in the certificate Correct answer.
- Have the notary sign the person's name without notation
Explanation
Delaware permits a signer who cannot write to make a mark, provided the mark is made in the notary's presence and the certificate notes how the signature was made. Refusing outright, signing for the person without notation, or substituting a witness signature misstates the record.
Question 19Notary Public Responsibilities and Duties
Which conduct by a Delaware notary would constitute grounds for disciplinary action?
- Recording a journal entry after completing an act
- Declining to notarize a document outside the notary's authority
- Performing a notarial act without the signer's personal appearance Correct answer.
- Charging the statutory fee for a jurat
Explanation
Performing a notarial act without the signer's personal appearance violates a core requirement and exposes the notary to discipline, including suspension or revocation of the commission. Declining unauthorized acts, charging lawful fees, and journaling promptly are all proper practices.
Question 20Notary Public Responsibilities and Duties
A Delaware notary moves to a new address within the state. What should the notary do regarding the commission?
- Notify the Secretary of State of the address change Correct answer.
- Nothing, because the commission is not tied to an address
- Surrender the commission and reapply after one year
- Apply for an entirely new commission
Explanation
A notary must keep the Secretary of State informed of current contact information, so an address change should be reported. The commission itself remains valid, meaning neither a new application nor a surrender and waiting period is required.
Question 21Notary Public Responsibilities and Duties
What is the notary's duty when a signer appears to be signing under duress?
- Proceed if a witness states the signer is willing
- Decline to notarize until the notary is satisfied the act is voluntary Correct answer.
- Proceed if the signature matches the identification
- Proceed and note the concern in the journal only
Explanation
A notary must be satisfied that the signer acts voluntarily, so signs of duress require the notary to stop and resolve the concern before proceeding. Matching identification or a witness's assurance does not establish voluntariness, and a journal note does not cure an involuntary act.
Question 22Notary Public Responsibilities and Duties
Which document may a Delaware notary properly certify as a copy?
- An ordinary business letter in the notary's possession Correct answer.
- A Delaware birth certificate
- A recorded deed held by the county recorder
- A U.S. passport
Explanation
Delaware allows notaries to certify copies of ordinary documents, but public records and vital records such as passports, birth certificates, and recorded deeds are excluded because certified copies must come from the issuing or recording office. An ordinary business letter is the type of document within the notary's copy authority.
Question 23Notary Public Responsibilities and Duties
How does a Delaware notary properly complete a notarial certificate?
- By signing the certificate before the signer appears
- By having the signer sign the certificate in place of the notary
- By signing and stamping the certificate after the act is performed Correct answer.
- By attaching a separate page describing the act without a stamp
Explanation
The notary completes the certificate by signing and applying the official stamp after performing the act, so the certificate accurately reflects what occurred. Signing in advance, delegating the certificate signature to the signer, or using an unstamped separate page fails to create a proper certificate.
Question 24Notary Public Responsibilities and Duties
A Delaware notary is also a licensed real estate agent and is asked to notarize a sales contract in which the notary will earn a commission. What is the correct action?
- Notarize if a second notary also signs
- Notarize because the notary is only witnessing signatures
- Decline because the notary has a direct financial interest in the transaction Correct answer.
- Notarize if the commission is disclosed to the buyers
Explanation
A notary may not perform a notarial act in a transaction in which the notary has a direct financial interest, and earning a commission on the sale creates exactly that interest. Witnessing signatures and disclosing the commission do not remove the conflict, and a second notary's involvement does not cure the first notary's disqualification.
Question 25Notary Public Responsibilities and Duties
What must a Delaware notary do with the journal upon permanently ceasing to serve as a notary?
- Keep it indefinitely with no reporting obligation
- Give it to the most recent signer
- Destroy it to protect signer privacy
- Deliver it to the Secretary of State as required by law Correct answer.
Explanation
When a notary leaves office, the journal of notarial acts must be delivered to the Secretary of State so the official record remains available. Destroying the journal, handing it to a signer, or simply retaining it without any reporting obligation is inconsistent with the recordkeeping scheme.
Question 26Notary Public Responsibilities and Duties
Under Delaware law, which official body appoints and commissions notaries public?
- The Governor Correct answer.
- The Court of Chancery
- The Secretary of State
- The General Assembly
Explanation
Delaware notaries public are appointed by the Governor, who issues the commission; the Secretary of State's office handles the application, testing, and recordkeeping side of the process. Understanding this split matters because an applicant deals with the Secretary of State's office but the authority to commission flows from the Governor.
Question 27Notary Public Responsibilities and Duties
A Delaware notary is commissioned for a four-year term. When does that term begin?
- On the date the commission is issued Correct answer.
- On the first day of the following January
- On the date the application is filed
- On the date the examination is passed
Explanation
The notary's term of office runs from the date the commission is issued, not from the application or exam date. A notary should therefore note the issuance date to calculate when the four-year term ends and plan a timely renewal.
Question 28Notary Public Responsibilities and Duties
Which statement best describes the core duty a Delaware notary owes when performing a notarial act?
- To confirm the signer's identity and willingness before certifying Correct answer.
- To screen the document for legal sufficiency
- To serve as an impartial witness to the signing ceremony only
- To guarantee that the underlying transaction is financially sound
Explanation
A notary's central responsibility is to verify that each signer is who the signer claims to be and is acting voluntarily, then to record the act accurately in a proper certificate. A notary does not vouch for the truth of the document's contents or the wisdom of the deal.
Question 29Notary Public Responsibilities and Duties
A Delaware notary is asked to perform a notarial act for a close family member. What does the law require?
- The notary may proceed only with written consent from the Secretary of State
- The notary must refuse because related parties are disqualified
- The notary may proceed if the notary has no beneficial interest in the transaction Correct answer.
- The notary may proceed only if a second notary also signs the certificate
Explanation
Delaware prohibits a notary from performing a notarial act in a matter in which the notary has a direct beneficial interest, but a family relationship alone does not automatically disqualify the notary. The test is whether the notary stands to gain from the transaction, so a notary may notarize for a relative when the notary is disinterested.
Question 30Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a document that the notary believes is fraudulent. What is the notary's proper course of action?
- Perform the act only if the signer pays double the usual fee
- Perform the act but add a warning to the certificate
- Perform the act because fraud determinations belong to the courts
- Decline to perform the act and note the refusal Correct answer.
Explanation
A notary may refuse to perform any notarial act and should decline when there is reason to believe the document or transaction is fraudulent. Adding personal commentary to the certificate is improper because the certificate must state only the prescribed facts.
Question 31Notary Public Responsibilities and Duties
What is the required minimum age for a person to be appointed a Delaware notary public?
- 21 years
- 25 years
- 18 years Correct answer.
- There is no minimum age
Explanation
Delaware requires a notary applicant to be at least 18 years old, along with residency and other qualifications. Age is checked during the application review before the commission issues.
Question 32Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a signature on a document written entirely in a language the notary does not understand. What is the most appropriate response?
- Refuse unless a certified translator is present at the signing
- Decline unless the notary can determine the document's nature and the signer's understanding Correct answer.
- Notarize it only after the signer orally translates the document
- Notarize it, because the notary certifies identity rather than content
Explanation
A notary must be able to understand enough about the document and the signer's intent to perform the act responsibly. When language barriers prevent that, the notary should decline rather than notarize blindly. The notary certifies the act, not the accuracy of the document's contents.
Question 33Notary Public Responsibilities and Duties
Which of the following best describes the notary's obligation regarding the notarial certificate attached to a document?
- The notary may delegate completion to the signer's attorney
- The notary may complete it later that same week from memory
- The notary must complete it with the required facts at the time of the act Correct answer.
- The notary may leave it blank for the signer to fill in
Explanation
The notarial certificate must be completed with the required facts, including the date and place, at the time the act is performed. Completing it later from memory undermines the reliability of the record.
Question 34Notary Public Responsibilities and Duties
What is the maximum notarial fee a Delaware notary may charge for a single notarial act?
- $25
- Any reasonable amount agreed with the signer
- $5
- $10 Correct answer.
Explanation
Delaware sets a statutory cap of $10 per notarial act, and a notary may not charge more. Charging an excessive fee is a violation that can lead to discipline.
Question 35Notary Public Responsibilities and Duties
A Delaware notary is asked to perform a notarial act outside the state while traveling. What is the notary's authority?
- The notary may act if the signer is a Delaware resident
- The notary may act anywhere in the United States
- The notary may act only within Delaware's borders Correct answer.
- The notary may act only in states that recognize Delaware commissions
Explanation
A Delaware notary's authority is territorial and may be exercised only within the State of Delaware. Performing a notarial act elsewhere, even for a Delaware resident, exceeds the commission.
Question 36Notary Public Responsibilities and Duties
How must a Delaware notary respond when a signer presents an expired driver's license as identification?
- Accept it if the notary personally knows the signer's family
- Accept it if the signer provides a second expired document
- Accept it because it still bears a photograph
- Decline unless another acceptable current form of identification is presented Correct answer.
Explanation
Identification must be current and reliable; an expired document does not establish present identity. The notary should ask for another acceptable form of current identification before proceeding.
Question 37Notary Public Responsibilities and Duties
What must a Delaware notary do before administering an oath to a witness?
- Obtain a written waiver from the witness
- Ensure the witness understands the nature of the oath Correct answer.
- Require the witness to pay a separate oath fee
- Record the witness's address in the certificate
Explanation
Before administering an oath, the notary must be satisfied that the person understands what is being sworn to and is doing so voluntarily. A waiver, address entry, or separate oath fee is not part of the procedure.
Question 38Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a document with no notarial certificate on it. What is the proper approach?
- Add a certificate in the form permitted by law for the act requested Correct answer.
- Write the certificate on a separate sheet and keep it in the journal
- Attach a loose certificate and staple it to the document
- Refuse, because a document without a certificate cannot be notarized
Explanation
When a document lacks a certificate, the notary may add one in the proper statutory form for the act being performed, such as a jurat or acknowledgment. The certificate must be attached or incorporated so it relates clearly to the document.
Question 39Notary Public Responsibilities and Duties
Which piece of information must a Delaware notary include in the notarial certificate to identify the signer?
- The signer's social security number
- The signer's name as it appears on the identification used Correct answer.
- The signer's occupation
- The signer's marital status
Explanation
The certificate should identify the signer by the name used in the act, which should match the identification examined. Sensitive data such as a social security number has no place in a notarial certificate.
Question 40Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a photograph of a person as a true likeness. How should the notary respond?
- Perform the act and charge the standard fee
- Perform the act only if the photograph is attached to an affidavit
- Perform the act if the person in the photograph appears in person
- Decline, because certifying a photograph's likeness is not a recognized notarial act Correct answer.
Explanation
Delaware notaries are authorized to perform specified notarial acts such as acknowledgments, jurats, oaths, affirmations, and copy certifications; certifying a photograph's likeness is not among them. A notary should decline rather than invent a new category of act.
Question 41Notary Public Responsibilities and Duties
What is the effect of a notary's failure to maintain the required record of notarial acts in Delaware?
- It is cured automatically by renewing the commission
- It may result in suspension or revocation of the commission Correct answer.
- It results only in a warning letter for a first offense
- It has no consequence if no complaint is filed
Explanation
Maintaining the required records is a statutory duty, and failing to do so can lead to suspension or revocation of the commission. Renewal does not erase past recordkeeping failures.
Question 42Notary Public Responsibilities and Duties
A Delaware notary is asked to perform a notarial act for a person who appears confused and does not seem to understand the document. What should the notary do?
- Proceed if the person can physically sign the document
- Proceed if a companion assures the notary the person understands
- Decline to perform the act until the person demonstrates understanding Correct answer.
- Proceed and note the confusion in the certificate
Explanation
A notary must be satisfied that the signer understands the nature of the act and is acting voluntarily. Apparent confusion undermines that determination, so the notary should pause or decline rather than proceed.
Question 43Notary Public Responsibilities and Duties
Which statement about a Delaware notary's seal is accurate?
- The seal must be applied only to acknowledgments, never to jurats
- The seal may be photocopied onto documents after the fact
- The seal must be legible and may be reproduced by stamp or embosser Correct answer.
- The seal may be omitted if the notary signs in ink
Explanation
Delaware requires a notary to use an official seal that is legible and may take the form of a stamp or embosser. The seal is applied as part of the act, not added later by photocopy.
Question 44Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a document for a business entity. Who must appear before the notary?
- Any employee of the entity
- The registered agent only
- The entity's largest shareholder
- An authorized representative of the entity Correct answer.
Explanation
When notarizing for an entity, the notary must have before them a person authorized to act on the entity's behalf, and the certificate should reflect that representative capacity. Mere employment does not establish authority.
Question 45Notary Public Responsibilities and Duties
Which of the following describes a jurat as performed by a Delaware notary?
- The notary certifies that the signer personally appeared and swore to the truth of the contents Correct answer.
- The notary certifies that copies were made from an original
- The notary certifies the document is legally enforceable
- The notary certifies only that the signature matches a prior sample
Explanation
A jurat records that the signer appeared, was identified, and swore or affirmed the truth of the document's contents in the notary's presence. It is distinct from an acknowledgment, which concerns voluntary execution rather than truthfulness.
Question 46Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a signature on a document dated three years ago. What is the notary's best course?
- Perform the act using the current date and note that the signature is being acknowledged now Correct answer.
- Backdate the certificate to match the document date
- Perform the act and leave the certificate date blank
- Refuse because documents older than one year cannot be notarized
Explanation
A notary may not backdate a certificate; the certificate reflects the date the act actually occurs. If the signer acknowledges a previously made signature, the notary records the current date and the act as performed.
Question 47Notary Public Responsibilities and Duties
What should a Delaware notary do if the notary's official seal is lost or stolen?
- Use another notary's seal with that notary's permission
- Report the loss and obtain a replacement seal Correct answer.
- Wait until the next renewal to address it
- Continue notarizing using a handwritten seal description
Explanation
A lost or stolen seal should be reported and replaced promptly, because an uncontrolled seal can be misused to forge notarial acts. Using another notary's seal is never permitted.
Question 48Notary Public Responsibilities and Duties
A Delaware notary is asked to notarize a document for a signer who speaks only through an interpreter. What is the notary's responsibility?
- Refuse all such requests because interpreters are prohibited
- Proceed only if the interpreter is a licensed attorney
- Proceed if the notary can communicate with the signer through the interpreter and confirm understanding Correct answer.
- Proceed and list the interpreter as the signer
Explanation
An interpreter may be used to bridge the language gap, provided the notary can confirm the signer's identity, understanding, and voluntariness. The interpreter assists communication but does not become the signer.
Question 49Notary Public Responsibilities and Duties
Which of the following is a proper reason for a Delaware notary to refuse to perform a notarial act?
- The document is written in English
- The signer cannot produce satisfactory identification Correct answer.
- The signer is a stranger to the notary
- The signer requests a receipt for the fee
Explanation
A notary must be able to identify the signer satisfactorily; without acceptable identification, the notary should decline. Being unfamiliar with the signer, the document's language, or a request for a receipt are not valid grounds for refusal.
Question 50Notary Public Responsibilities and Duties
A Delaware notary is asked to certify that a copy of a document matches the original. Which condition must be met?
- The notary must obtain approval from the Secretary of State
- The notary must have drafted the original document
- The notary must send the copy to a state archive
- The notary must have custody of the original or have it presented for comparison Correct answer.
Explanation
Copy certification requires the notary to compare the copy against the original, which must be presented or in the notary's custody. The notary does not need to have authored the document or obtained state approval.