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§ 4322 Notarial acts.

29 DE Code § 4322 (2019) (N/A)
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(a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.

(b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.

(c) In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge of identity or from satisfactory evidence of identity, that the signature is that of the person appearing before the officer and named therein.

(d) In certifying or attesting a copy of a document the notary public must supervise the making of a photocopy of an original document and shall attest to the authenticity of such copy. Notaries public, however, shall not attest to copies of official or public records, only of documents that cannot be certified by a public official.

(e) In making or noting a protest of a negotiable instrument, a notarial officer must determine the matters set forth in § 3-505 of Title 6.

(f) An electronic notarial act performed by a notary public or other person authorized in this title shall constitute a notarial act under the laws of this State, provided that the official signature and seal of an electronic notary:

(1) Shall be attached to or logically associated with the document;

(2) Shall be independently verifiable; and

(3) Will be invalidated if the underlying document is modified.

63 Del. Laws, c. 61, § 4; 64 Del. Laws, c. 275, § 1; 72 Del. Laws, c. 65, § 9; 76 Del. Laws, c. 253, § 1.

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§ 4322 Notarial acts.