A Delaware notary acknowledgment form is a legal tool for notary publics to officially validate signatures on various documents. It requires the date, county, names of the individuals involved, and the signature along with the official stamp of the notary public.
By completing this form accurately and following the state’s notary guidelines, the notary public confirms the legitimacy of the signatures and identity of signers, ensuring legal compliance and authentication of the document.
Legal Considerations
Statute: Delaware Code, Title 29, Chapter 43, Subchapter II.
Form of Acknowledgment: Under § 4329(1), the acknowledgment in an individual capacity must include the county, date, singers’ names, and the notary signature, stamp, title of office, and commission expiration date.
Notary Term of Commission: Two or four years (§ 4307(a)).
Notary Handbook: The Notary Public Handbook is only available for purchase and is a great source of information for proper notarization procedures.
Is Online Notarization Legal in Delaware?
Yes, notaries have the authority to conduct online notarizations in accordance with Del. Code tit. 29 § 4320, effective from August 1, 2023, through Senate Bill 262.
The notarial officer must confirm the individual’s identity through personal knowledge, satisfactory evidence, or identity proofing processes. Additionally, an audio-visual recording of the notarial act is required. For individuals outside the United States, the document must be related to U.S. jurisdiction, involve U.S. property or transactions, and comply with the laws of the foreign state.
The legislation also outlines the retention period for audio-visual recordings, mandates notification to the Secretary of State before initial online notarization, and grants them the authority to adopt regulations governing online notarization, including standards for communication technology and identity proofing.
According to Del. Code tit. 29 § 4311, the highest fee for a notarial act concerning an electronic record is $25.
How to Notarize
Step 1 – Identify a Notary
Locating a notary public is convenient, as they can be found in various accessible locations, such as banks or credit unions, with PNC Bank having the highest number of branch locations in the state).
Additionally, UPS Stores and private notary services are reliable alternatives for individuals seeking notarial assistance without having to venture far.
Notaries are authorized to charge a maximum fee of $5 for various services, including performing an acknowledgment, witnessing a signature, administering an oath or affirmation, certifying a transcript, or attesting to the authenticity of a copy. According to the Notary Public Journal Requirements, the fees charged for any notarial act should be entered in the journal record.
Step 2 – Bring the Document
Everyone signing must personally appear before the notary and present the document. This should be fully completed, with the exception of the signature fields.
Step 3 – Present ID
Before signing a document in the notary’s presence, signers are required to present a valid photo identification. However, the notary also has the option to personally recognize the signer instead.
Step 4 – Add the Signatures
In cases where documents require acknowledgment, the signatures can be already affixed to the relevant document. Each signer must explicitly declare that their signatures were executed under their own free will.
By making this declaration, signers confirm that their participation in the document’s execution was a deliberate and conscious act, contributing to the authenticity and legal validity of the process.
Step 5 – Finalize the Certification
Upon the notary’s verification of identities and signatures, the next step involves completing the form or relevant notarial certificate. Following this authentication process, the notary is tasked with adding the date and signature and affixing the official seal.
The dated and sealed certificate serves as a record of the notary’s confirmation of the document’s legitimacy and the signers’ identities.
How to Verify a Notary
- Visit the American Association of Notaries website for an online search (Note that the Delaware government website lacks an online notary database; however, individuals seeking information can reach out via email at [email protected] or contact the Notary Public Section by phone at (302) 739-4111).
- To conduct a notary public search, add a Delaware city or Zipcode along with the desired search radius into the corresponding fields and click on the “Search” button.
- The provided search results will display the names, locations, and phone numbers of all notaries within the specified area.
How to Write (for Notary)
- Download the notary acknowledgment form in PDF or Word format.
- Specify the County where the document is undergoing notarization. Then, provide the date and the name(s) of the individual(s) signing the document. The notary is required to append their signature, title, rank, commission expiration, and seal.
