§ 4301 — Commission as a notary public; qualifications; oath; denial of, refusal to renew, revocation of, suspension of, or condition on commission; no immunity or benefit

Delaware § 4301

• Jurisdiction: Delaware
• Title: 29
• Part: State Agencies and Offices Not Created by Constitution
• Ch. 43: NOTARIES PUBLIC
• Subch.: Office and Duties

Text

(a) In addition to an individual authorized to be appointed under §§ 4303 through 4306 of this title, an individual qualified under subsection (b) of this section may apply to the Governor for a commission as a notary public. The individual applying for the commission shall comply with and provide the information required by regulations adopted by the Governor and pay the fee required under § 4307(a) of this title. The Governor may delegate the Governor’s duties under this chapter to the Secretary of State.

(b) An individual applying for a commission as a notary public must meet all of the following:

(1) Be at least 18 years of age.

(2) Be a citizen or permanent legal resident of the United States.

(3) Be a resident of or have a place of employment or practice in this State.

(4) Be able to read and write English.

(5) Not be disqualified to receive a commission under § 4334 of this title.

(6) Comply with other requirements established by the Secretary of State by regulation as necessary to ensure the competence, integrity, and qualifications of a notary public and the proper performance of notarial acts.

(c) (1) A nonresident individual who seeks a commission as a notary public shall include in the individual’s application a residential address and the address of the individual’s place of employment or practice in this State.

(2) Service of process, subpoenas, and other documents on a nonresident individual who is a notary public may be made personally or by leaving them with any person of suitable age and discretion at the individual’s place of employment or practice in this State. Substituted service is effectual if served on the Secretary of State, under § 376(b) of Title 8 if the place of employment or practice has been closed or the individual ceases to be regularly employed or regularly practice at the filed place of employment or practice address. The Secretary of State shall forward documents received under this paragraph (c)(2) to the individual at the filed residential address.

(3) An individual appointed under this section shall notify the Secretary of State of a change of address within 30 days of the change. An address required under this subsection must include a street address.

(d) (1) Before issuance of a commission as a notary public, an individual applying for a commission shall execute an oath of office and submit it to the Secretary of State as required under § 4308 of this title.

(2) On compliance with this section, the Governor shall issue a commission as a notary public to an individual for the term under § 4307(a) of this title.

(3) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees.

(4) The Governor may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for cause, including under § 4334 of this title.

(e) The Secretary of State may promulgate regulations or establish additional standards and guidelines governing applications, registrations, appointments, and the conduct of notaries public.

Legislative History

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 ; 76 Del. Laws, c. 253, § 1 ; 77 Del. Laws, c. 165, §§ 1, 2 ; 83 Del. Laws, c. 425, § 1