SPONSOR: Sen. Sharp

Rep. Wagner

DELAWARE STATE SENATE

140th GENERAL ASSEMBLY

SENATE BILL NO.

 

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO NOTARIES PUBLIC.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4306, Title 29, Delaware Code, by deleting the text of this section in its entirety and inserting in lieu thereof:

"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 Title 29 of the Delaware Code."

Section 2. Amend §4309, Title 29, Delaware Code, by deleting subsection (a) in its entirety and inserting in lieu thereof:

"(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".

Section 3. Amend §4310 (a), Title 29, Delaware Code, by striking subsection (a) in its entirety and inserting in lieu thereof the following:

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

Section 4. Amend §4310 (b), Title 29, Delaware Code, by deleting the word "minimum" and inserting in lieu thereof the word "maximum".

Section 5. Amend §4310 (c), Title 29, Delaware Code, by striking subsection (c) in its entirety and inserting in lieu thereof the following:

"(c) Any notary public may choose to waive any fee for any notarial act."

Section 6. Amend §4310, Title 29, Delaware Code, by deleting subsections (d) and (e) in their entirety.

Section 7. Amend §4311, Title 29, Delaware Code, by deleting it in its entirety.

Section 8. Amend §4321, Title 29, Delaware Code, by deleting this section in its entirety and inserting in lieu thereof the following:

"As used in this chapter:
    1. ‘Acknowledgment’ shall mean a statement by a person that the person has executed an instrument for the purposes stated therein. If the instrument is executed in a representative capacity, an acknowledgement certifies that the person who signed the instrument did so with proper authority and executed the instrument as the act of the person or entity stated therein.
    2. ‘Affirmation’ shall mean a promise of truthfulness that is a solemn, spoken pledge on one’s own, personal honor without reference to a Supreme Being.
    3. ‘Identification Document’ shall mean a current identifying instrument that contains the following elements:
    1. (a) The signer’s photograph;
    2. (b) The signer’s personal description and signature;

(c) An official seal; and

(d) An identifying number.

    1. ‘Notarial Act’ shall mean any act that a notary public of this State is authorized to perform and includes:
    1. Taking an acknowledgement;
    2. Administering an oath or affirmation;
    3. Taking a verification upon oath or affirmation;
    4. Witnessing or attesting a signature;
    5. Certifying or attesting a copy;
    6. Noting a protest of a negotiable instrument.
    1. ‘Notarial Officer’ shall mean a notary public or any other officer authorized to perform notarial acts.
    2. ‘Oath’ shall mean a promise of truthfulness that is a solemn, spoken pledge to a Supreme Being.
    3. ‘Prima-Facie Evidence’ shall mean evidence that would, if uncontested, establish a fact or raise a presumption of a fact.
    4. ‘Representative Capacity’ shall mean:
    1. For and on behalf of a corporation, partnership, trust or other entity as an authorized officer, agent, partner or other representative;
    2. As a public officer, personal representative, guardian or other representative in the capacity recited in the instrument;
    3. As an attorney in fact for a principal; or
    4. In any other capacity as an authorized representative of another.
    1. ‘Verification upon oath or affirmation’ shall mean a statement by a person who asserts that the statement is true and makes the assertion upon oath or affirmation."

Section 9. Amend §4322 (d), Title 29, Delaware Code, by deleting the words "or other item, the notarial officer must determine that the proffered copy is a full, true and accurate transcription or reproduction of that which was copied" and inserting in lieu thereof the words "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."

Section 10. If any provision of this Act or the application of any section or part thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this Act that can be given effect without the invalid provision or application.

SYNOPSIS

This Bill makes several housekeeping changes to the notary public statute. Additionally, it sets a $5 cap on the fee a notary public can charge and allows a notary public to waive fees.

Author: Sen. Sharp