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Delaware Notary study materials
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Delaware Notary: Notarial Acts and Procedures

Delaware Notary · Work through your exam, one topic at a time.

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Notarial Acts and Procedures

The Notarial Acts and Procedures domain tests whether you can choose and perform the correct act. The exam emphasizes the difference between an acknowledgment and a jurat, the elements of a complete certificate, satisfactory evidence, copy certification limits, and remote notarization.

Acts you must know

  • Acknowledgment: the signer appears and acknowledges a signature; signing may occur before appearance.
  • Jurat: the signer signs in your presence and swears or affirms truth; administer the oath.
  • Oath or affirmation: an oral ceremony; verification on oath is a written statement under oath.
  • Signature witnessing: the signer signs in your presence; you witness, but no oath is given.
  • Copy certification: only for tangible records you can compare; not public records or vital records.
  • Protest: note dishonor of a negotiable instrument where authorized.

Procedure

  1. Require personal appearance or authorized remote appearance.
  2. Establish identity by satisfactory evidence.
  3. Screen for willingness and awareness.
  4. Perform the act: administer the oath or take the acknowledgment.
  5. Complete the certificate with date, venue if used, signer name, your signature, and stamp.
  6. Journal the act.

Worked example

A signer brings an affidavit already signed and says, “I swear this is true.” A jurat requires the signer to sign in your presence and take an oath or affirmation. Because the signature was made earlier, you cannot backdate a jurat or pretend the signer signed before you. If the document requires a jurat, have the signer sign in your presence and swear or affirm; otherwise use only the act the document permits and the certificate accurately describes. Never convert a required jurat into an acknowledgment just to finish quickly.

Traps that cost marks

  • Using an acknowledgment certificate when the document requires a jurat.
  • Administering no oath and still completing a jurat.
  • Certifying a copy of a birth certificate, court record, or other public record.
  • Backdating or using a date other than the actual notarial date.
  • Omitting the stamp or failing to identify the signer.