2006 Delaware Code - Subchapter I — Office and Duties

§ 4301. Appointment of notaries in general; qualifications; revocation.

(a) In addition to the notaries public authorized to be appointed under §§ 4302-4304 of this title, the Governor may appoint as many notaries public as the Governor may decide is necessary and proper in each county of the State.

(b) Any citizen who desires to become a notary shall be at least 18 years of age and shall provide such evidence as the Governor may require to show:

(1) Good character and reputation;

(2) A reasonable need for a notary commission; and

(3) Legal residence within the State.

(c) The Governor may also appoint nonresidents who otherwise meet the requirements of subsection (b) of this section as notaries public provided that such individuals maintain an office or regular place of employment in Delaware. Nonresidents seeking appointment as notaries public shall include with their application an affidavit containing a residential and a Delaware employment address. Those appointed as notaries shall also file an affidavit for each change of address. Service of process, subpoenas and other documents upon nonresident notaries may be made personally or by leaving them with any person of suitable age and discretion at the Delaware place of employment. Substituted service shall be effectual if served upon the Secretary of State, under the guideline of § 376(b) of Title 8, in the event that the office has been closed or such individual ceases to be regularly employed at the filed Delaware employment address. The Secretary of State shall then forward such documents to the filed residential address.

(d) The Governor may revoke any notary commission for cause.

(e) The Secretary of State may promulgate regulations governing applications and guidelines for all notaries public. (Code 1852, § 661; 23 Del. Laws, c. 69, § 3; Code 1915, § 1006; 36 Del. Laws, c. 107; Code 1935, § 1136; 41 Del. Laws, c. 100; 43 Del. Laws, c. 97; 48 Del. Laws, c. 138; 29 Del. C. 1953, § 4301; 50 Del. Laws, c. 43, § 1; 53 Del. Laws, c. 29; 53 Del. Laws, c. 350; 58 Del. Laws, c. 511, § 63; 69 Del. Laws, c. 123, §§ 1-3; 70 Del. Laws, c. 186, § 1.)

§ 4302. Appointment of certain officers as notaries; term.

(a) The Governor shall appoint every person who is appointed by the Governor to the office of justice of the peace and as Secretary of Finance also as a notary public.

(1) The Secretary of Finance shall only act as a notary public in connection with work performed in carrying out the duties of office.

(2) The term of office of any person appointed a notary public under this section:

(i) Whose appointment as a justice of the peace or collector of state revenue is not confirmed by the Senate; or

(ii) Who fails to qualify, resigns or is removed from the office of the justice of the peace or collector of state revenue shall terminate at the same time such person's term of office as justice of the peace or collector of state revenue terminates.

(b) [Deleted.] (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.)

§ 4303. 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.)

§ 4304. 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. Such court reporter need not be a legal resident of this State for 1 year at the time of appointment, if the court reporter is a resident of this State at the time of appointment as a notary public. (29 Del. C. 1953, § 4303A; 55 Del. Laws, c. 383; 70 Del. Laws, c. 186, § 1.)

§ 4305. Appointment of notaries for certain service organizations; limitations.

(a) The Governor may, upon the request of the department commander of the Spanish-American War Veterans, of the Veterans of Foreign Wars of the United States, of the Disabled American Veterans, of the Jewish War Veterans, of the American Legion, of the Paralyzed Veterans of America, and of the Vietnam Veterans of America, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, commander or organization.

(b) Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any veteran, their families or dependents. The notaries public, so appointed, shall make no charge for any service rendered.

(c) The Governor may, upon the request of any administrative head of any volunteer fire company or volunteer ambulance and rescue company, appoint 1 notary public for each requesting organization for a term of 4 years, without charge to any appointee, chief or organization. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgements, except on documents and papers in connection with and for the benefit of any members of the organizations listed herein to include their families or dependents. The notaries public, so appointed, shall make no charge to any service rendered.

(d) The Governor shall, upon the request of the Chief of Police or acting Chief of Police of a unit of government whose personnel are full-time police officers and statutorily responsible for the prevention or investigation of crime involving injury to persons or property and who are authorized to execute search warrants and to make arrests, appoint a sufficient number of notaries public as may be requested by the Chief of Police or acting Chief of Police for the proper administration of their agencies. The appointments shall be for a term of 4 years, without charge to the appointee, Chief of Police or acting Chief of Police or police agency. Any such notary, so appointed, shall have no authority to perform any duties with respect to such office or to take affidavits or acknowledgments, except on documents and papers in connection with, and for the benefit of, their respective police agency. The notaries public appointed shall make no charge for any service rendered. (Code 1935, § 1136; 41 Del. Laws, c. 99; 29 Del. C. 1953, § 4304; 50 Del. Laws, c. 37, § 1; 51 Del. Laws, c. 361; 56 Del. Laws, c. 174; 58 Del. Laws, c. 10; 66 Del. Laws, c. 139, § 2; 67 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 3, § 1.)

§ 4306. Term of office; fees.

Notaries public shall be commissioned for the term of 2 years. The fee for a 2-year term is $50. Any notary public who wishes to renew his or her commission may request a 2-year reappointment for $50 or a 4-year reappointment for $75. In addition, there is a $3 charge per term for use of the Great Seal which is affixed to the Notary Public Commission from the Governor pursuant to § 2315 of this title. (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; 72 Del. Laws, c. 65, § 1.)

§ 4307. Oath.

The notaries shall severally take and subscribe the oath or affirmation prescribed by article XIV of the Constitution. (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.)

§ 4308. Seal and powers.

The notary shall have a seal and shall exercise the powers and perform the duties belonging to that office. The notary shall also have power to take the acknowledgement of deeds and other instruments. The notary public must ensure, by requiring identification through use of a driver's license, personal identification by someone known to the notary or other appropriate means, that the individual whose presence and signature is being certified is in fact the person he or she claims to be. (Code 1852, § 662; Code 1915, § 1007; Code 1935, § 1138; 29 Del. C. 1953, § 4307; 63 Del. Laws, c. 85; 70 Del. Laws, c. 186, § 1.)

§ 4309. Engraving of seal; effect of use of nonconforming seal.

(a) The seal required by § 4308 of this title shall be used in the transaction of official business by notaries public. Each notary public shall provide, keep and use a seal that is either an engraved embossed seal or a black-inked rubber stamp seal to be used on the document being notarized. The seal shall contain the notary's name exactly as it appears on the commission, the words "My Commission expires on" and the commission expiration date and the words "Notary Public" and "State of Delaware."

(b) If the official seal of any notary public is not engraved in conformity with this section, it shall not invalidate an official act, but such act shall be as valid as though the seal had been engraved in conformity with the requirements of this section.

(c) Any notary public failing to comply with the requirements of this section may be removed by the Governor for neglect. (16 Del. Laws, c. 17; Code 1915, § 1012; Code 1935, § 1143; 29 Del. C. 1953, § 4308; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 65, § 2.)

§ 4310. Fees for services.

(a) The maximum fee any notary public can charge for any notarial act is $5.

(b) The fees prescribed in this section shall be the maximum fees to be charged by any notary public and, upon violation hereof, the Governor may revoke the commission of such notary and such notary shall not be reappointed within a period of 2 years.

(c) Any 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.)

§ 4311. Duties and fees of notaries public with respect to conveyances of land in Sussex County.

Repealed by 72 Del. Laws, c. 65, eff. June 24, 1999.

§ 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.)

§ 4313. Commission; signature of Governor; seal.

(a) The commission appointing a notary public shall be in such form as the Secretary of State shall designate, shall be executed with the signature of the Governor or with a facsimile signature of the Governor, which may be engraved, printed or stamped thereon, and shall be signed by the Secretary of State.

(b) The commission shall have placed thereon the impression of the Great Seal of the State, or a facsimile of the Great Seal shall be engraved or printed thereon. (29 Del. C. 1953, § 4312; 55 Del. Laws, c. 66.)