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Delaware Code Title 29. State Government § 4310. Engraving of seal; effect of use of nonconforming seal; electronic notarial seal; notary’s official signature; electronic signature

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<See Declaration of a State of Emergency due to a Public Health Threat (2019 DE C20-0A) and Modifications issued subsequent thereto for suspension or modification of this section related to COVID-19. For further information, see Historical and Statutory Notes. See, also, 20 Del.C. § 3156.>

(a) The seal required by § 4309 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 paper 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) The electronic seal required by § 4309 of this title shall be used in the transaction of all official electronic notarial acts and 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.”

(d) In acting as a notary public, a notary shall sign the notary's name exactly and only as it appears on the commission, or otherwise execute the notary's electronic signature in a manner that attributes such signature to the notary public identified on the commission.

(e) The notary's official electronic seal and signature shall be attached to an electronic document in a manner that is capable of independent verification and prevents any subsequent changes or modifications to the electronic document.

(f) A notary performing electronic notarial acts shall:

(1) Use an electronic seal and signature that conform to generally accepted standards for secure electronic notarization;

(2) Use the notary's electronic seal and signature only for the purpose of performing electronic notarial acts;

(3) Take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by its issuing or registering authority;

(4) Keep the electronic seal and signature secure under the notary's exclusive control and shall not allow them to be used by any other person; and

(5) Take reasonable steps to ensure the integrity, security and authenticity of electronic notarizations.

(g) Immediately upon discovering that the notary's physical or electronic seal, electronic signature or official journal required under § 4314 of this title has been lost, stolen or may be otherwise used by a person other than the notary, the notary shall immediately notify the Secretary who shall disable use of the missing technology on any electronic system of the Secretary. Upon request of the electronic notary and completion of a new registration form:

(1) Signed by the applicant using the electronic signature described in the form; and

(2) Including any decrypting instructions, codes, keys, or software that allow the registration to be read;

the Secretary may reinstate the electronic notary. The electronic notary may notify appropriate law-enforcement agency in the case of theft or vandalism.

(h) Any notary public failing to comply with the requirements of this section may be removed by the Governor for neglect.

Cite this article: FindLaw.com - Delaware Code Title 29. State Government § 4310. Engraving of seal; effect of use of nonconforming seal; electronic notarial seal; notary’s official signature; electronic signature - last updated January 01, 2019 | https://codes.findlaw.com/de/title-29-state-government/de-code-sect-29-4310.html


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