Information regarding the August 1, 2023 Legislative Updates More Info

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Delaware Notary Public

Serving as a Public and Impartial Witness to the Signing of Important Documents.




Journal Requirements


Your notary journal is the official record of the notarial transaction. The information required to be entered into the journal is the same for both paper and electronic journals – only the method of recording is different. A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records. The format of a journal maintained on a tangible medium must be a permanent, bound register designed to deter fraud. A journal maintained in an electronic format must be in a permanent, tamper-evident electronic format that complies with the rules adopted by the Secretary of State.  If a journal is lost or stolen, the notary public shall promptly notify the department on discovering that the journal is lost or stolen.  A notary shall keep the official journal secure under the notary’s exclusive control and shall not allow it to be used by any other person.  A notary shall maintain a backup record of an electronic journal and ensure protection of such backup record from unauthorized use. Standards for backup records can be found here.

The following must be included in every journal entry:

  • Date and Time Notarized: This is the date and the time when you actually performed the notarization; it may or may not be the same as the date of document, which may be earlier but not later than the date of notarization.
  • The type of notarial act;
  • The type, title or a description of the document or proceeding: Typically, this is the date of the document and the type of the document such as “contract,” “deed,” “power of attorney,” “affidavit,” etc. If more than one document is being notarized, each document should be described. The date may be the date the document was issued or the date it was signed and is usually printed on the document before it is signed. If no date appears on the document, you may consider the date of notarization as the date of the document. If you are unable to determine the type of document, the signer should be able to tell you what type of is being signed.
  • The signature, and printed name and address of each person whose signature is notarized or who requests a notarial act: This is absolutely the most important entry in the journal. This proves that the signer personally appeared to you at the time the notarization was performed. Whenever possible, the printed name and address should be entered by the signer; the signature, of course, must always be entered by the signer. The signer should be advised to enter his or her name the same way it appears on the document being notarized. It does not matter whether the signer uses a business or home address.
  • The evidence of identity of each principal, in the form of either: a statement that the person is “personally known” to the notary; a notation of the type of identification document and the identification number on such identification document; or the printed name and address of the credible witness swearing or affirming to the person’s identity;
  • The fee, if any, charged for the notarial act: You do not have to charge for notarial services, but if you do, you must enter the amount you charged in the journal record. Delaware notaries may charge a maximum of $5 for performing an acknowledgment, witnessing a signature, verifying on oath or affirmation certifying a transcript or certifying a copy.
  • Such other information as the notary may deem to be necessary and appropriate: Use this space to include any information that may be pertinent to the situation. It is especially helpful to note anything unusual or additional that occurred or was a part of the transaction. Many journal entries will not require any additional information. Electronic journals often capture GPS data and allow you to take a picture of the signer, to provide additional proof of where the notarization took place and who signed the document.
  • Type of ID: Again, your possible entries are limited. If you know the signer well, enter PERSONAL KNOWLEDGE. If you are relying on DOCUMENTARY PROOF, you should enter the issuing entity, the type of document (ex: “Delaware DL”), and the date the ID was issued or expires. If you rely on a CREDIBLE WITNESS, your journal should reflect that you performed two separate notarial acts, including the oath of the credible witness and the acknowledgment, signature, or jurat of the signer.
  • A notary shall not record a Social Security or credit card number in the journal.

 



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