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Current as of January 01, 2026 | Updated by Findlaw Staff
(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.
(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.
Cite this article: FindLaw.com - Delaware Code Title 29. State Government § 4328. Certificate of notarial act - last updated January 01, 2026 | https://codes.findlaw.com/de/title-29-state-government/de-code-sect-29-4328/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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