reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4303. Appointment of certain officers as notaries; term.

§ 4303. Appointment of certain officers as notaries; term.
The Governor shall appoint every person who is appointed to the office of justice of the peace and as Secretary of Finance also as a notary public. The Secretary of Finance shall only act as a notary public in connection with work performed in carrying out the duties of the office. The notary commission of any person appointed a notary public under this section shall terminate at the same time such person's term of office terminates.
Code 1852, §  661;  23 Del. Laws, c. 69, §§  1-3;  Code 1915, §  1006;  32 Del. Laws, c. 61;  33 Del. Laws, c. 64, §§  1-2;  36 Del. Laws, c. 107;  Code 1935, §  1136;  29 Del. C. 1953, §  4302;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 91, §  14;  76 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4304. Appointment of notary for each bank or branch.

§ 4304. Appointment of notary for each bank or branch.
The Governor shall appoint 1 notary public for each trust company, bank, banking association or branch or branches thereof in this State, whether state or national, chartered or organized under the laws of this State or of the United States.
Code 1852, §  661;  23 Del. Laws, c. 69, §§  1-3;  Code 1915, §  1006;  36 Del. Laws, c. 107;  Code 1935, §  1136;  48 Del. Laws, c. 176;  29 Del. C. 1953, §  4303;  76 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4305. Appointment of court reporters as notaries public.

§ 4305. Appointment of court reporters as notaries public.
The Governor may, upon the request of the Chief Justice of the Supreme Court, appoint any of the official court reporters as a notary public.
29 Del. C. 1953, §  4303A;  55 Del. Laws, c. 383;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4307. Term of office; fees; resignation.

§ 4307. Term of office; fees; resignation.
(a) An individual is to be initially commissioned as a notary public for a term of 2 years. A notary public who wishes to renew the notary public's commission may request a 2-year reappointment or a 4-year reappointment. An individual must pay a nonrefundable application fee of $60 for a 2-year term or $90 for a 4-year term.
(b), (c) [Repealed.]
(d) A notary public who wishes to resign from office or who no longer meets the qualifications for a commission during the notary's term of office shall immediately mail or deliver the official commission to the Secretary of State, who shall cancel the same.
(e) [Repealed.]
(f) If any person shall knowingly or wilfully make any false or fraudulent statement or misrepresentation in or with reference to any application for a notary commission or any other document required by this chapter, the person is guilty of perjury.
Code 1852, §  663;  21 Del. Laws, c. 59, §  1;  23 Del. Laws, c. 69, §  3;  Code 1915, §  1008;  28 Del. Laws, c. 70;  Code 1935, §  1139;  29 Del. C. 1953, §  4305;  59 Del. Laws, c. 440, §  1;  66 Del. Laws, c. 186, §§  1, 2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 65, §  1;  76 Del. Laws, c. 253, §  1;  77 Del. Laws, c. 165, §§  5, 6;  83 Del. Laws, c. 425, § 4;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4308. Oath of office.

§ 4308. Oath of office.
A notary public shall take and subscribe the oath or affirmation prescribed by Article XIV of the Constitution of this State. A notary public is exempt from the recordation of the oath of office prescribed by § 9605(a) of Title 9. A notary public may not perform notarial acts until a copy of the fully executed oath is received by the Secretary of State in an electronic or paper document format deemed acceptable by the Secretary of State.
Code 1852, §§  666, 667;  21 Del. Laws, c. 59, §  2;  Code 1915, §  1011;  28 Del. Laws, c. 70;  Code 1935, §  1142;  29 Del. C. 1953, §  4306;  50 Del. Laws, c. 43, §  2;  59 Del. Laws, c. 440, §  2;  66 Del. Laws, c. 186, §  3;  76 Del. Laws, c. 253, §  1;  77 Del. Laws, c. 165, §  7;  83 Del. Laws, c. 425, § 5;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4311. Fees for services.

§ 4311. Fees for services.
(a) The maximum fee a notary public may charge for a notarial act performed with respect to a tangible record is $5.00.
(b) The maximum fee a notary public may charge for a notarial act performed with respect to an electronic record is $25.
(c) The fees prescribed in this section are the maximum fees to be charged by a notary public and, on violation of this section, the Secretary of State may revoke the commission of the notary public and the notary public may not be reappointed within a period of 2 years.
(d) A notary public may choose to waive any fee for any notarial act.
Code 1852, §§  666, 667, 2830, 2833, 2834, 2836;  Code 1915, §§  1011, 4883, 4886, 4887, 4889;  28 Del. Laws, c. 70;  33 Del. Laws, c. 65;  34 Del. Laws, c. 91, §  4;  Code 1935, §§  1142, 1146, 5371, 5374, 5375, 5377;  29 Del. C. 1953, §  4309;  72 Del. Laws, c. 65, §§  3-6;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 8;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4312. Special fee provisions for certain services to members of the armed forces and to veterans; penalties; jurisdiction of justices of peace.

§ 4312. Special fee provisions for certain services to members of the armed forces and to veterans; penalties; jurisdiction of justices of peace.
(a) No notary public or other person who is authorized by law to take the acknowledgment of instruments or to administer oaths or affirmations shall charge any person serving in the armed forces of the United States, or a veteran of any war, or the widow or children of a soldier, or soldier's parents, or widower or other relative of any person in the armed services the fee provided by law when an acknowledgment, oath or affirmation is taken in connection with any paper or papers required to be executed by the Veterans Administration or in support of any claim or other papers connected with or referring to the service of any male or female now serving or who hereafter may serve or who, in the past, has served in the armed forces of the United States.
(b) Whoever violates subsection (a) of this section shall be fined not less than $10 nor more than $25 and, in default of the payment of such fine, shall be imprisoned for not more than 5 days.
(c) Justices of the peace shall have jurisdiction of offenses under this section.
Code 1935, §  1138A;  45 Del. Laws, c. 259;  29 Del. C. 1953, §  4311;  76 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter I. Office and Duties › § 4313. Commission; signature of Governor; seal.

§ 4313. Commission; signature of Governor; seal.
(a) The commission appointing a notary public must be in a form as the Secretary of State designates and must be executed by the Governor and the Secretary of State. The signatures required by this subsection may be satisfied by an electronic or a facsimile signature which may be engraved, printed, or stamped on the commission.
(b) The impression of the Great Seal of the State, or a facsimile of the Great Seal, must be engraved or printed on the commission.
29 Del. C. 1953, §  4312;  55 Del. Laws, c. 66;  76 Del. Laws, c. 253, §  1;  77 Del. Laws, c. 165, §  8;  83 Del. Laws, c. 425, § 9;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4317. Authority to perform notarial act.

§ 4317. Authority to perform notarial act.
(a) A notarial officer may perform a notarial act authorized by this subchapter or by law of this State other than this subchapter.
(b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(c) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4318. Requirements for certain notarial acts.

§ 4318. Requirements for certain notarial acts.
(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. A notarial officer may not attest to a copy of an official or public record that must be certified by a public official.
(e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in § 3-505 of Title 6.
63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  72 Del. Laws, c. 65, §  9;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4319. Personal appearance required.

§ 4319. Personal appearance required.
Except as provided under § 4320 of this title, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4321. Identification of individual.

§ 4321. Identification of individual.
(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by any of the following:
(1) By means of any of the following:
a. A passport, driver's license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.
b. Another form of government identification issued to an individual, which is current and not expired before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.
(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license, or government issued nondriver identification card, which is current and not expired before performance of the notarial act.
(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4322. Authority to refuse to perform notarial act.

§ 4322. Authority to refuse to perform notarial act.
(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that all of the following apply:
(1) The individual executing the record is competent or has the capacity to execute the record.
(2) The individual's signature is knowingly and voluntarily made.
(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this subchapter.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4322A. Signature if individual unable to sign.

§ 4322A. Signature if individual unable to sign.
If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4323. Notarial act in this State.

§ 4323. Notarial act in this State.
(a) A notarial act may be performed in this State by any of the following:
(1) A notary public of this State.
(2) A judge, clerk, or deputy clerk of a court of this State.
(3) An individual licensed to practice law in this State.
(4) An individual authorized by law of this State to administer oaths.
(5) Any other individual authorized to perform the specific act by the law of this State.
(b) The signature and title of an individual performing a notarial act in this State are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act.
64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4324. Notarial act in another state.

§ 4324. Notarial act in another state.
(a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed in that state is performed by any of the following:
(1) A notary public of that state.
(2) A judge, clerk, or deputy clerk of a court of that state.
(3) Any other individual authorized by the law of that state to perform the notarial act.
(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act.
64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4325. Notarial act under authority of federally recognized Indian tribe.

§ 4325. Notarial act under authority of federally recognized Indian tribe.
(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by any of the following:
(1) A notary public of the tribe.
(2) A judge, clerk, or deputy clerk of a court of the tribe.
(3) Any other individual authorized by the law of the tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in paragraph (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4326. Notarial act under federal authority.

§ 4326. Notarial act under federal authority.
(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by any of the following:
(1) A judge, clerk, or deputy clerk of a federal court.
(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.
(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas.
(4) Any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of an officer described in paragraph (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act.
63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4327. Foreign notarial act.

§ 4327. Foreign notarial act.
(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notarial officer of this State.
(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4328. Certificate of notarial act.

§ 4328. Certificate of notarial act.
(a) A notarial act must be evidenced by a certificate. The certificate must meet all of the following:
(1) Be executed contemporaneously with the performance of the notarial act.
(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State.
(3) Identify the jurisdiction in which the notarial act is performed.
(4) Contain the title of office of the notarial officer.
(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission.
(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in paragraphs (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate.
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and any of the following:
(1) Is in a short form set forth in § 4329 of this title.
(2) Is in a form otherwise permitted by the law of this State.
(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.
(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in §§ 4318, 4319, and 4321 of this title or law of this State other than this subchapter.
(d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in §§ 4317, 4318, and 4319 of this title.
(e) A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the Secretary of State has established standards under § 4338 of this title for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4329. Short form certificates.

§ 4329. Short form certificates.
The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by § 4328(a) and (b) of this title:
(1) For an acknowledgment in an individual capacity:
State of ________________ County of ________________ This record was acknowledged before me on ____Date by ________________Name(s) of individual(s)________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires:
________________]
(2) For an acknowledgment in a representative capacity:
State of ________________ County of ________________ This record was acknowledged before me on ____Date by ________________Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires:
________________]
(3) For a verification on oath or affirmation:
State of ________________ County of ________________ Signed and sworn to (or affirmed) before me on ____Date by ____Name(s) of individual(s) making statement________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires:
________________]
(4) For witnessing or attesting a signature:
State of ________________ County of ________________ Signed (or attested) before me on ____Date by ________________Name(s) of individual(s) ________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires:
________________]
(5) For certifying a copy of a record:
State of ________________ County of ________________ I certify that this is a true and correct copy of a record in the possession of ________________________________. Dated ________________________________________________Signature of notarial officer Stamp [________________________________Title of office] [My commission expires:
________________]
63 Del. Laws, c. 61, §  4;  64 Del. Laws, c. 275, §  1;  76 Del. Laws, c. 253, §  1;  83 Del. Laws, c. 425, §§ 11, 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4330. Official stamp of a notary public.

§ 4330. Official stamp of a notary public.
The official stamp of a notary public must meet all of the following:
(1) Include all of the following:
a. The notary public's name as it appears on file with the Secretary of State.
b. “State of Delaware”.
c. “My Commission expires on” and the commission expiration date.
d. Other information required by the Secretary of State.
(2) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4331. Stamping device of a notary public.

§ 4331. Stamping device of a notary public.
(a) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act.
(b) On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
(c) On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
(d) If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall promptly notify the Secretary of State on discovering that the device is lost or stolen.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4332. Journal of a notary public.

§ 4332. Journal of a notary public.
(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.
(b) A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only 1 journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with regulations adopted by the Secretary of State.
(c) An entry in a journal must be made contemporaneously with performance of the notarial act and contain all of the following information:
(1) The date and time of the notarial act.
(2) A description of the record, if any, and type of notarial act.
(3) The full name and address of each individual for whom the notarial act is performed.
(4) If identity of the individual is based on personal knowledge, a statement to that effect.
(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential.
(6) The fee, if any, charged by the notary public.
(d) If a notary public's journal is lost or stolen, the notary public shall promptly notify the Secretary of State on discovering that the journal is lost or stolen.
(e) On resignation from, or the revocation or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with subsection (a) of this section and inform the Secretary of State where the journal is located.
(f) Instead of retaining a journal as provided in subsections (a) and (e) of this section, a current or former notary public may transmit the journal to the Secretary of State or a repository approved by the Secretary of State.
(g) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Secretary of State or a repository approved by the Secretary of State.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4333. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.

§ 4333. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.
(a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected.
(b) (1) Before a notarial officer performs the notarial officer's initial notarial act with respect to an electronic record, a notarial officer shall do all of the following:
a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records.
b. Identify for the Secretary of State the technology the notarial officer intends to use.
(2) If the Secretary of State has established standards for approval of technology under § 4338 of this title, the technology must conform to the standards.
(3) If the technology conforms to the standards, the Secretary of State shall approve the use of the technology.
(c) A Recorder of Deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary public.

§ 4334. Grounds to deny, refuse to renew, revoke, suspend, or impose a condition on a commission of notary public.
(a) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including any of the following:
(1) Failure to comply with this chapter.
(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State.
(3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit.
(4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit.
(5) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, regulations adopted by the Secretary of State, or any federal or state law.
(6) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have.
(7) Violation by the notary public of a regulation adopted by the Secretary of State regarding a notary public.
(8) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state.
(9) A violation under § 4311(c) of this title.
(b) If the Governor denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with Chapter 101 of this title.
(c) The authority of the Governor to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4335. Database of notaries public.

§ 4335. Database of notaries public.
The Secretary of State shall maintain an electronic database of notaries public that does all of the following:
(1) Permits a person to verify the authority of a notary public to perform notarial acts.
(2) Indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on electronic records or notarial acts for remotely located individuals under § 4320 of this title.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4336. Prohibited acts of a notary public.

§ 4336. Prohibited acts of a notary public.
(a) A commission as a notary public does not authorize an individual to do any of the following:
(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law.
(2) Act as an immigration consultant or an expert on immigration matters.
(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters.
(4) Receive compensation for performing any of the activities listed in this subsection.
(b) A notary public may not engage in false or deceptive advertising.
(c) A notary public, other than an attorney licensed to practice law in this State, may not use the term “notario” or “notario publico” .
(d) (1) A notary public, other than an attorney licensed to practice law in this State, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.
(2) If a notary public who is not an attorney licensed to practice law in this State in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation:
“I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”
(3) If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by paragraph (d)(2) of this section because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(e) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4337. Validity of notarial acts.

§ 4337. Validity of notarial acts.
Except as otherwise provided in § 4317(b) of this title, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this State other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4338. Regulatory authority.

§ 4338. Regulatory authority.
(a) The Secretary of State may adopt rules to implement this chapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. Regulations may do all of the following:
(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records.
(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.
(3) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.
(4) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public.
(5) Include provisions to prevent fraud or mistake in the performance of notarial acts.
(b) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this subchapter, all of the following:
(1) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.
(2) Standards, practices, and customs of other jurisdictions that substantially enact this subchapter.
(3) The views of governmental officials and entities and other interested persons.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4339. Notary public commission in effect.

§ 4339. Notary public commission in effect.
A commission as a notary public in effect on August 1, 2023, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after August 1, 2023, is subject to and shall comply with this chapter. A notary public, in performing notarial acts after August 1, 2023, shall comply with this chapter.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4340. Applicability; savings clause.

§ 4340. Applicability; savings clause.
(a) This subchapter applies to a notarial act performed on or after August 1, 2023.
(b) This subchapter does not affect the validity or effect of a notarial act performed before August 1, 2023.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4341. Uniformity of application and construction.

§ 4341. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 43. NOTARIES PUBLIC › Subchapter II. Revised Uniform Law on Notarial Acts › § 4342. Relation to Electronic Signatures in Global and National Commerce Act.

§ 4342. Relation to Electronic Signatures in Global and National Commerce Act.
This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).
83 Del. Laws, c. 425, § 11;
2023 Delaware Code › Title 29 - State Government › Chapter 44. HONORARY OFFICES › § 4401. Poet Laureate.

§ 4401. Poet Laureate.
The Governor may appoint a Poet Laureate for Delaware to serve at the pleasure of the Governor. The Poet Laureate shall perform such duties as may be requested by the Governor or the Secretary of State or their designees.
29 Del. C. 1953, §  4401;  54 Del. Laws, c. 267;  57 Del. Laws, c. 608, §  6;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 352, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 46. OFFICE OF DEFENSE SERVICES › § 4601. Office of Defense Services.

§ 4601. Office of Defense Services.
There is created the Office of Defense Services, comprised of 3 branches:
Central Administration, the Public Defender's Office and the Office of Conflicts Counsel.
29 Del. C. 1953, §  4601;  54 Del. Laws, c. 227, §  1;  80 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 46. OFFICE OF DEFENSE SERVICES › § 4602. Appointment; representation of defendants.

§ 4602. Appointment; representation of defendants.
(a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represent, without charge, each indigent person who is under arrest or charged with a crime, if:
(1) The defendant requests it; or
(2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject of record the opportunity to be so represented.
(b) Before arraignment the determination of indigency may be made by the Office of Defense Services. At or after arraignment the determination shall be made by the court.
(c) Any person under the age of 18 arrested or charged with a crime or act of delinquency shall be automatically eligible for representation by the Office of Defense Services.
29 Del. C. 1953, §  4602;  54 Del. Laws, c. 227, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  1;  80 Del. Laws, c. 278, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 46. OFFICE OF DEFENSE SERVICES › § 4603. Term of office; compensation; assistants.

§ 4603. Term of office; compensation; assistants.
(a) For appointments made after July 1, 2015, the Chief Defender shall serve for a term of 8 years from the date of appointment.
(b) The Chief Defender may appoint as many assistant attorneys, clerks, investigators, stenographers and other employees as the Chief Defender considers necessary to enable the Office of Defense Services to carry out the responsibilities of the office. Assistant Public Defenders and attorneys contracting with the Office of Conflicts Counsel must be licensed to practice in this State.
(c) The compensation of persons appointed under subsection (b) of this section shall be fixed by the Chief Defender.
(d) Salaried attorneys employed by the Office of Defense Services are prohibited from engaging in the practice of law outside the duties of the Office of Defense Services. Salaried attorneys who have already established private practices as of January 1, 2015, are exempt from the prohibition until May 28, 2025. After May 28, 2025, all salaried attorneys employed by the Office of Defense Services are prohibited from engaging in private law practice.
29 Del. C. 1953, §  4603;  54 Del. Laws, c. 227, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 94, §  110;  80 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 46. OFFICE OF DEFENSE SERVICES › § 4604. Representation of indigent persons.

§ 4604. Representation of indigent persons.
When representing an indigent person, the Office of Defense Services shall:
(1) Counsel and defend the indigent person, whether held in custody without commitment or charged with a criminal offense, at every stage of the proceedings following arrest; and
(2) Prosecute any appeals or other remedies before or after conviction that the Chief Defender considers to be in the interest of justice.
29 Del. C. 1953, §  4604;  54 Del. Laws, c. 227, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 46. OFFICE OF DEFENSE SERVICES › § 4605. Appointment of additional counsel.

§ 4605. Appointment of additional counsel.
For cause, the court may, on its own motion or upon the application of the Office of Defense Services or the indigent person, appoint the Office of Conflicts Counsel, or other qualified counsel, to represent the indigent person at any stage of the proceedings or on appeal. The attorneys contracting with the Office of Conflicts Counsel shall be awarded reasonable compensation and reimbursement for expenses necessarily incurred, to be fixed by the Chief Defender and paid through the Office of Conflicts Counsel.
29 Del. C. 1953, §  4605;  54 Del. Laws, c. 227, §  1;  64 Del. Laws, c. 90, §  67A;  64 Del. Laws, c. 130, §  9(a);  64 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 46. OFFICE OF DEFENSE SERVICES › § 4606. Annual reports.

§ 4606. Annual reports.
The Office of Defense Services shall make an annual report to the Governor and the General Assembly covering all cases handled by the Office of Defense Services during the preceding year.
29 Del. C. 1953, §  4606;  54 Del. Laws, c. 227, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 26, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 46. OFFICE OF DEFENSE SERVICES › § 4607. Administrative fee assessment [Effective Apr. 3, 2023].

§ 4607. Administrative fee assessment [Effective Apr. 3, 2023].69 Del. Laws, c. 286, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 342, §  1;  80 Del. Laws, c. 26, §  1;  repealed by 83 Del. Laws, c. 441, § 13, effective Apr. 3, 2023.;