I am a Delaware notary centrally located
between Hockessin, Newark & Wilmington.
I have been providing quick, convenient and discreet Delaware notary services in northern New Castle County since 2014 and have notarized thousands of documents and visited hundreds of mobile locations.
My notary public commission for the State of Delaware authorizes me to:
Acceptable Identification for Delaware Notarizations
Most government-issued IDs contain all three components.
Taking an Acknowledgement
The acknowledgement is the most common notarial act. To acknowledge means to “recognize as one’s own.” As acknowledgement enables a document to be publicly recorded (a deed, for example) or actually proves its execution. The signer is acknowledging that the signature on the document is his or hers, and that the document was signed willingly for its stated purpose. The document will need to be signed before the verbal ceremony takes place. The notary certifies in a notarial certificate that these actions were completed.
You usually see acknowledgements on most real estate transactions, deeds, contracts, powers of attorney, or any type of document where a person has to agree to some particular terms of the document.
If the document is executed in a representative capacity, an acknowledgement certifies that the person who signed the document did so in behalf of and executed it as the act of the person or entity states therein. The document requiring an acknowledgement does not have to be signed in the presence of the notary, but it must display the signer’s original, “wet-ink” signature.
Difference Between an Oath and Acknowledgement
The difference between an oath and an acknowledgement is extremely important. In an oath or affirmation, a person swears to or affirms the truthfulness of statements made. In an acknowledgement, a person is not swearing to the truth of statements, but is confirming that a document was willingly executed and signed by him/her and that the signer understands the nature and purpose of the act. To take an acknowledgement, the notary performs a verbal ceremony by asking the signer a question in substantially the following form:
“Do you acknowledge that this is your signature and that you understand
this document and signed it willingly for the purposes stated herein?”
The signer’s response, “Yes,” OR “I DO” completes the verbal ceremony.
In executing an acknowledgement certificate, the notary certifies that:
Samples of Documents Notarized with an Acknowledgment:
Administering an Oath or Affirmation
An “oath” is a is a pledge with a legal purpose made to a Supreme Being. A person who takes an oath may be prosecuted for perjury in the event of falsehood. A notary administers or gives an oath to a person and the person takes the oath or swears to be information. When administering an oath, the notary must perform a “verbal ceremony”, that is, the notary makes a verbal statement that the oath-taker repeats verbatim, or asks a question to which the oath-taker makes an affirmative response.
An “affirmation” is a promise of truthfulness that is a solemn, spoken pledge on one’s personal honor without reference to a Supreme Being. The Affirmation carries the same legal weight as the oath, but omits the reference to God. Some signers may prefer this for religious or other reasons.
An oath must be given in person.
Notaries may administer any oath required by state law, including an Oath of Office or a Statement of Officer, to public officials. If preferred, the notary may ask the signer to raise his or her right hand in a pledging gesture. Such a ceremony impresses upon the signer the solemnity of the oath taken. The best way to administer an oath or affirmation (for the execution of a document) is for a notary to simply ask the oath-taker the question:
“Do you solemnly swear under the penalties of perjury that the statements that you are about to make will be the truth, so help you God?”
For an affirmation, the notary would ask:
“Do you solemnly affirm under the penalties of perjury that the statements that you are about to make will be the truth?”
The oath-taker must respond by saying “yes”, “I do” or “I will” if the oath is posed in the form of a question or must simply repeat the oath verbatim. If the signer is unable to speak, the signer may nod or use some other gesture to indicate agreement or write a response. This ceremony must take place. If no oath is given, or if there is no response, the oath has not been properly administered, possibly invalidating the transaction. Failure to administer an oath or affirmation when required constitutes grounds for revocation of the notary commission.
An affirmation is an act in which a person affirms the truthfulness of a statement or document the penalties of perjury, and is bound by his or her own conscience to tell the truth. There is no reference to a Supreme Being in an affirmation. The wording for administering an affirmation is similar to an oath, omitting any reference to a Supreme Being. To administer an affirmation (for the execution of a document), the notary simply asks the signer or affirmant:
……….”Do you affirm under the penalties of perjury that the information contained in this document is the truth”
Only the individual may take the oath or affirmation. A corporation, partnership, or trust may not take an oath or affirmation. The person signing on behalf of a corporation, partnership, or trust may takes an oath or affirmation as an individual, swearing or affirming that he or she has both personal knowledge of the facts to be sworn to or affirmed and the authority to sign for the corporation, partnership, or trust.
An oath given to a person as an Oath of Office may be spoken by the notary and repeated verbatim by the office holder.
I (name of person taking oath) do hereby swear that I will uphold the office of…..”
Taking a Verification upon Oath or Affirmation
An oath of affirmation will appear on documents in which the signer has written information or made a statement such as an application or affidavit. The document requires notarization so the signer of the document can verify that the contents of the document are true. The notary administers a verbal ceremony for an oath or affirmation, as follows:
“Do you solemnly swear under the penalties of perjury that the information contained in this document or statement is the truth, so help you God?”
The spoken affirmation would be:
“Do you solemnly affirm under the penalties of perjury that the information contained in this document or statement is the truth?”
In order to complete the verbal ceremony and for the notarization process to proceed beyond this point, the signer must verbally respond by saying “YES” OR “I DO.” For documents requiring an oath/affirmation, the document must be signed by the signer/oath-taker in the presence of the notary.
Witness or Attest a Signature
A notary may be asked to witness a signature on a document for which neither an oath nor an acknowledgement is required. The document creator or recipient wants a positive identification of the person signing the document, however. The person signing this document in the presence of the notary must personally appear before the notary and sign the document in the presence of the notary. This notarial act is intended to lessen the risk of a forged signature and add the authority of a public officer who witnesses the signing of the document. In these two (2) ways the person’s signature on a document is given credibility. In witnessing a signature the notary certifies:
Certify or Attest a Copy
Notaries are often asked to make certified copies of documents for clients who are requested to provide certain information to individuals or public agencies. To certify means to authenticate or to attest as being true or as
represented. These official copies provide credibility and assurance to the receiving party that information has not been altered from the original document.
How to Certify a Copy
To make a certified copy of a document, the following criteria must be met:
Prohibited Recordable Documents
A notary must not make certified copies of recordable documents. Recordable documents include the following:
This list is not an exhaustive list of all recordable documents. If in doubt as to whether a document is recordable, you should either contact the County Clerk’s office or the government agency that issued the document, or simply refuse to make the certified copy.
Documents Eligible for Copy Certification by a Notary
A notary is generally permitted to duplicate and certify many types of documents, assuming that the previously stated criteria are met:
This list is not exhaustive. If there is ever a doubt as to whether a document is eligible for copy certification by a notary public and you are unable to make a determination with confidence, you should decline to perform the service.
In accordance with Delaware Code Title 29, Chapter 43, Subchapter II, § 4336 (d) (2):
I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.