(a) The notary shall have a seal and shall exercise the powers and perform the duties belonging to that office. The notary shall also have power to take the acknowledgement of deeds and other instruments. The notary public must ensure, either from personal knowledge of identity or from satisfactory evidence of identity as defined in § 4321 of this title, that the individual whose presence and signature is being certified is in fact the person he or she claims to be.
(b) A notary who has registered with the Secretary to perform electronic notarizations as required by § 4302 of this title shall have an electronic seal and may perform a notarial act by electronic means. The electronic notary must ensure, either from personal knowledge of identity or from satisfactory evidence of identity as defined in § 4321 of this title, that the individual whose presence and signature is being certified is in fact the person he or she claims to be.
(c) A notary public or electronic notary public shall not notarize a document without the person signing the document being personally present.
Code 1852, § 662; Code 1915, § 1007; Code 1935, § 1138; 29 Del. C. 1953, § 4307; 63 Del. Laws, c. 85; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 253, § 1.
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