Delaware Notary Public Knowledge Exam — Questions and Answers

Question 1: A Delaware notary is presented with a foreign passport as signer identification. Is this acceptable?

Yes, if the passport is current and government-issued (Correct answer)
No, only U.S.-issued documents are acceptable
No, foreign passports must be translated first
Yes, only if accompanied by a U.S. visa

Correct answer: Yes, if the passport is current and government-issued

A current, unexpired foreign passport issued by a recognized government is generally acceptable identification for notarial purposes in Delaware.

Question 2: What type of notarial act involves a notary witnessing a person sign a document without requiring an oath?

Copy certification
Jurat
Signature witnessing (Correct answer)
Acknowledgment

Correct answer: Signature witnessing

Signature witnessing is the act where a notary observes the actual signing of a document but does not administer an oath or certify its contents.

Question 3: Under what circumstances may a Delaware notary perform notarial services for free?

At any time — charging a fee is optional, not mandatory (Correct answer)
Only when serving a government agency
Only when ordered by a court
Only for nonprofit organizations

Correct answer: At any time — charging a fee is optional, not mandatory

Delaware notaries are permitted to charge up to the maximum fee but are never required to charge; they may perform services for free at their discretion.

Question 4: Must a Delaware notary record a fee in the journal if no fee was charged for a notarial act?

No, fee entries are only required when money is exchanged
No, free acts are excluded from journal requirements
Yes, but only if the signer requests it
Yes, noting 'no fee' or '$0' maintains a complete and accurate record (Correct answer)

Correct answer: Yes, noting 'no fee' or '$0' maintains a complete and accurate record

Recording 'no fee' or '$0' for free notarial acts ensures the journal is complete and avoids questions about whether an entry was omitted.

Question 5: What is the notary's responsibility during a signature witnessing act in Delaware?

To verify the signer's identity and personally observe the act of signing (Correct answer)
To certify that the document's contents are true
To review the document for legal accuracy
To ensure the document is properly filed after signing

Correct answer: To verify the signer's identity and personally observe the act of signing

During signature witnessing, the notary must confirm the signer's identity and then personally observe the signer writing their signature on the document.

Question 6: May a Delaware notary's employer confiscate the notary's official journal?

No, but the employer may request copies
Yes, employers have full rights to notary records
Yes, if the notary conducted acts on company time
No, the journal is the personal property of the notary (Correct answer)

Correct answer: No, the journal is the personal property of the notary

The notary journal is the personal property of the notary, not the employer, and cannot be confiscated.

Question 7: May a Delaware notary use their notary seal to endorse a product or business?

Yes, if it promotes notarial services
No, the notary seal may only be used for official notarial acts (Correct answer)
No, but they may use their notary title in endorsements
Yes, for any professional endorsement

Correct answer: No, the notary seal may only be used for official notarial acts

The official notary seal is reserved exclusively for official notarial acts and may not be used for personal endorsements or advertising.

Question 8: A notary's employer demands that the notary leave their seal at the office for use during business hours. Which statement best describes this situation under Delaware law?

This is acceptable with written consent from the Department of State
This is acceptable because the employer is responsible for the notary's acts
This is improper because the notary must retain personal custody of the seal (Correct answer)
This is acceptable if the notary is present in the building

Correct answer: This is improper because the notary must retain personal custody of the seal

The notary must maintain personal custody of the seal at all times; surrendering it to an employer for use without direct notary oversight is improper.

Question 9: What must a Delaware notary do if their official seal is lost or stolen?

Immediately resign their commission
Continue using a handwritten signature until a replacement arrives
Purchase a new seal without notifying any authority
Report the loss to the Delaware Department of State and take steps to prevent misuse (Correct answer)

Correct answer: Report the loss to the Delaware Department of State and take steps to prevent misuse

A notary must promptly notify the Delaware Department of State when a seal is lost or stolen to prevent fraudulent notarizations.

Question 10: Which of the following best describes why a notary should never notarize a document for someone they cannot identify?

It requires additional court filings
It violates copyright law
It would reduce the notary's efficiency
It could facilitate fraud and expose the notary to liability (Correct answer)

Correct answer: It could facilitate fraud and expose the notary to liability

Notarizing without proper identification risks facilitating fraud and could expose the notary to civil or criminal liability.

Question 11: If a Delaware notary's commission is suspended, what must they immediately do?

Continue working and appeal the suspension simultaneously
Stop performing all notarial acts during the suspension period (Correct answer)
Transfer their duties to a colleague
Destroy all notarial supplies immediately

Correct answer: Stop performing all notarial acts during the suspension period

A suspended notary must immediately cease all notarial acts for the duration of the suspension; performing acts during suspension compounds the violation.

Question 12: If a Delaware notary performs a Remote Online Notarization (RON), what additional record must be kept?

A backup journal entry signed by a witness
An audio-visual recording of the notarial session (Correct answer)
A sworn affidavit from the signer
A paper copy of the signer's ID

Correct answer: An audio-visual recording of the notarial session

Delaware RON law requires the notary to retain an audio-visual recording of each remote notarial session as part of the official record.

Question 13: Which notarial certificate wording is associated with an acknowledgment in Delaware?

'Witnessed by me' during the signing
'Subscribed and sworn before me' confirming truthfulness
'I certify that this is a true copy' of an original
'Acknowledged before me' or similar language confirming voluntary execution (Correct answer)

Correct answer: 'Acknowledged before me' or similar language confirming voluntary execution

Acknowledgment certificates include language such as 'acknowledged before me' to confirm the signer voluntarily executed the document.

Question 14: When using a credible witness to identify a signer in Delaware, how many credible witnesses are typically required?

Three witnesses including the notary
No witnesses — only a sworn statement from the signer
One credible witness who is personally known to the notary (Correct answer)
Two credible witnesses from the general public

Correct answer: One credible witness who is personally known to the notary

Delaware generally allows one credible witness who is personally known to the notary to vouch for a signer's identity.

Question 15: Which of the following describes a 'credible witness' in the context of Delaware notarial acts?

A person who vouches for a signer's identity when acceptable ID is unavailable (Correct answer)
A government official who verifies the document's authenticity
A witness who co-signs the document being notarized
A court-appointed representative for an incapacitated signer

Correct answer: A person who vouches for a signer's identity when acceptable ID is unavailable

A credible witness is someone personally known to the notary who can vouch for the identity of a signer who lacks acceptable identification.

Question 16: A Delaware notary recognizes the signer as a close family member. Should the notary proceed with the notarization?

No, notarizing for a family member in whom the notary has a personal interest creates a conflict
No, but the notary can refer the signer to another notary (Correct answer)
Yes, personal knowledge is a valid form of identification
Yes, family members are always acceptable signers

Correct answer: No, but the notary can refer the signer to another notary

When a notary has a direct personal interest in a transaction — including family relationships — best practice is to refer the signer to a disinterested notary.

Question 17: Which of the following is NOT an acceptable substitute for government-issued photo ID in Delaware?

A state-issued driver's license
A U.S. military ID card
A social media profile showing the signer's photo (Correct answer)
A U.S. passport

Correct answer: A social media profile showing the signer's photo

Social media profiles are not acceptable identification; only government-issued, unexpired photo IDs satisfy Delaware's identification requirements.

Question 18: If a signer is unable to produce acceptable identification and no credible witness is available, what should a Delaware notary do?

Decline to perform the notarization (Correct answer)
Accept any document showing the signer's name
Proceed based on the signer's verbal assurance
Ask the signer to sign a liability waiver

Correct answer: Decline to perform the notarization

Without acceptable identification or a credible witness, the notary must decline to perform the notarization to protect against fraud.

Question 19: How should a Delaware notary respond if a signer asks them to explain the legal meaning of a document?

Decline to explain and suggest the signer consult an attorney (Correct answer)
Explain only the portions relevant to the notarial act
Explain the document as best they can
Provide a general summary and charge an additional fee

Correct answer: Decline to explain and suggest the signer consult an attorney

Explaining a document's legal meaning constitutes legal advice, which is the unauthorized practice of law; the notary should refer the signer to an attorney.

Question 20: What is the purpose of recording the signer's thumbprint in a notary journal?

To create an artistic record of the notarial act
To replace the need for photo identification
To comply with ADA requirements
To provide an additional biometric safeguard against fraud for high-risk documents (Correct answer)

Correct answer: To provide an additional biometric safeguard against fraud for high-risk documents

Recording a signer's thumbprint provides a biometric safeguard that can help identify a fraudster even if fake identification was used.

Question 21: What should a Delaware notary do with their journal if their commission is revoked?

Retain the journal as required by law and do not destroy it (Correct answer)
Submit the journal to the county clerk
Surrender the journal to the Secretary of State
Immediately destroy all journal entries

Correct answer: Retain the journal as required by law and do not destroy it

Even after commission revocation, the notary must retain the journal for the full retention period rather than destroying it.

Question 22: A Delaware notary provides immigration advice to a signer. Is this permissible?

Yes, if the notary has completed an immigration course
No, but the notary can refer the signer to an attorney
Yes, as part of standard notarial services
No, unless the notary is also a licensed attorney (Correct answer)

Correct answer: No, unless the notary is also a licensed attorney

Providing immigration advice constitutes unauthorized practice of law and is prohibited for notaries who are not also licensed attorneys.

Question 23: When a Delaware notary legally changes their name, what action regarding the seal is required?

Apply for a brand new commission immediately
Obtain a new seal reflecting the new legal name and update commission records (Correct answer)
Use both the old and new names on the seal simultaneously
Continue using the old seal until the commission expires

Correct answer: Obtain a new seal reflecting the new legal name and update commission records

The notary must update the Department of State with the new name and obtain a new seal bearing the current legal name to ensure documents are valid.

Question 24: When must a Delaware notary personally see the signer's identification document?

Within 24 hours before the notarial act
It can be emailed in advance
Before scheduling the appointment
At the time the notarial act is performed (Correct answer)

Correct answer: At the time the notarial act is performed

The notary must personally examine the signer's identification at the time of the notarial act, not before or after.

Question 25: Which of the following individuals is not eligible to become a notary public in Delaware?

A bank employee
A person convicted of a felony without a pardon (Correct answer)
A U.S. citizen who lives in Delaware
A licensed attorney

Correct answer: A person convicted of a felony without a pardon

In Delaware, a person convicted of a felony is generally not eligible to become a notary public, unless they have received a pardon. This restriction is in place to ensure the integrity and trustworthiness of individuals holding public office. Notaries are entrusted with important legal duties and must uphold a high standard of ethical conduct.

Question 26: May a Delaware notary public permit another person to use their official seal?

Yes, if the other person is a licensed attorney
Yes, with written authorization from the Department of State
No, the seal is personal and may not be used by another (Correct answer)
Yes, if the notary is present and supervises

Correct answer: No, the seal is personal and may not be used by another

A notary's seal is personal and may never be used by another person; doing so could constitute notarial misconduct or fraud.

Question 27: Is a Delaware notary required by law to maintain a notary journal?

No, a journal is optional but recommended
No, records are kept by the county only
Yes, Delaware law requires notaries to keep a journal of notarial acts (Correct answer)
Yes, but only for real estate transactions

Correct answer: Yes, Delaware law requires notaries to keep a journal of notarial acts

Delaware law mandates that notaries maintain a sequential journal recording all notarial acts they perform.

Question 28: Which of the following best describes a 'solemn affirmation' administered by a Delaware notary?

A formal, legally binding pledge to tell the truth that does not invoke a deity (Correct answer)
A witness statement requiring two credible witnesses
A religious ceremony requiring a sacred text
An informal verbal promise without legal consequences

Correct answer: A formal, legally binding pledge to tell the truth that does not invoke a deity

A solemn affirmation is a non-religious but legally binding pledge to truthfulness that carries the same legal weight as an oath.

Question 29: What is the purpose of a notary's surety bond in Delaware?

To provide financial protection to the public in case of notarial misconduct (Correct answer)
To guarantee the notary earns a minimum income
To protect the employer from the notary's mistakes
To cover the notary's travel expenses

Correct answer: To provide financial protection to the public in case of notarial misconduct

The surety bond protects members of the public who suffer financial harm as a result of a notary's improper or negligent acts.

Question 30: In Delaware, what is a 'jurat'?

A type of notary seal
A fee schedule for notarial acts
A record book kept by the notary
A certificate where the signer swears or affirms the truthfulness of a document (Correct answer)

Correct answer: A certificate where the signer swears or affirms the truthfulness of a document

A jurat is a notarial certificate used when the signer swears or affirms that the contents of a document are true.

Question 31: Can a Delaware notary keep their journal in an electronic format?

No, electronic records are never valid for notaries
Yes, any spreadsheet software is acceptable
No, journals must always be paper-based
Yes, if using an approved electronic journal system (Correct answer)

Correct answer: Yes, if using an approved electronic journal system

Delaware permits electronic journals for notaries, particularly for Remote Online Notarization, provided the system meets state requirements.

Question 32: Under Delaware law, what is the consequence of a notary performing a notarization with fraudulent identification?

Only the signer bears responsibility for the fraud
The document is automatically valid since the notary signed it
The notary is only penalized if they knew the ID was fake
The notarial act may be void and the notary faces potential liability (Correct answer)

Correct answer: The notarial act may be void and the notary faces potential liability

A notarization based on fraudulent identification may be declared void, and the notary can face civil or criminal liability even if unaware of the fraud.

Question 33: Can a Delaware notary administer an oath over the telephone?

Yes, if the notary knows the caller personally
No, but email confirmation is an acceptable substitute
No, the signer must be present in person or via approved RON technology (Correct answer)
Yes, telephone oaths are valid in Delaware

Correct answer: No, the signer must be present in person or via approved RON technology

Delaware requires the signer to be physically present or present via an approved RON audio-visual connection; telephone oaths do not satisfy this requirement.

Question 34: If a signer cannot appear in person in Delaware, can a notary complete the notarization remotely?

Yes, if the signer sends a photo ID by email
Yes, by phone call alone
Yes, if using an approved Remote Online Notarization (RON) platform (Correct answer)
No, remote notarization is never permitted

Correct answer: Yes, if using an approved Remote Online Notarization (RON) platform

Delaware permits Remote Online Notarization (RON) using state-approved platforms that allow audio-visual interaction with the signer.

Question 35: Which behavior would subject a Delaware notary to disciplinary action?

Charging a fee below the maximum allowed
Declining to notarize a document with blanks
Backdating a notarial certificate (Correct answer)
Refusing to notarize if uncertain about signer identity

Correct answer: Backdating a notarial certificate

Backdating a notarial certificate is a fraudulent act that violates Delaware notary law and is grounds for disciplinary action.

Question 36: How does signature witnessing differ from taking an acknowledgment in Delaware?

There is no functional difference under Delaware law
Signature witnessing requires an oath; acknowledgment does not
Signature witnessing is for wills only; acknowledgment is for all other documents
Signature witnessing requires the notary to observe the actual signing; acknowledgment only requires the signer to confirm they signed it (Correct answer)

Correct answer: Signature witnessing requires the notary to observe the actual signing; acknowledgment only requires the signer to confirm they signed it

In signature witnessing, the notary must personally observe the act of signing; in acknowledgment, the signer merely acknowledges they previously signed the document.

Question 37: Which of the following residency requirements must be met to become a notary in Delaware?

Must be a resident of an adjacent state (e.g., Maryland, Pennsylvania) but work in Delaware
Must be a Delaware resident
Must be a U.S. citizen
Both a and b (Correct answer)

Correct answer: Both a and b

To become a notary in Delaware, an applicant must meet specific residency requirements. They must either be a resident of Delaware or be a resident of an adjacent state (Maryland, Pennsylvania, or New Jersey) who maintains a place of employment or practice in Delaware. This dual requirement ensures a connection to the state's jurisdiction for accountability.

Question 38: May a Delaware notary administer an oath or affirmation?

Yes, administering oaths and affirmations is an authorized notarial act in Delaware (Correct answer)
No, only judges and magistrates may administer oaths
No, oaths require a separate government license
Yes, but only to Delaware residents

Correct answer: Yes, administering oaths and affirmations is an authorized notarial act in Delaware

Delaware notaries are expressly authorized to administer oaths and affirmations as part of their notarial powers.

Question 39: May a Delaware notary advertise their services as a 'notario publico'?

Yes, to serve Spanish-speaking clients
No, this term implies legal authority that Delaware notaries do not have (Correct answer)
No, only the English title 'Notary Public' is recognized
Yes, if they are bilingual

Correct answer: No, this term implies legal authority that Delaware notaries do not have

Using the term 'notario publico' is prohibited because in Latin American cultures it implies an attorney's authority, which could mislead the public.

Question 40: Under Delaware law, can a notary public use an electronic seal for electronic notarizations?

No, electronic notarizations are not permitted in Delaware
Yes, electronic notaries may use an electronic seal that meets state requirements (Correct answer)
Yes, but only with prior court approval for each transaction
No, only physical seals are recognized in Delaware

Correct answer: Yes, electronic notaries may use an electronic seal that meets state requirements

Delaware recognizes electronic notarization, and notaries authorized to perform electronic notarizations may use an electronic seal that meets applicable state standards.

Question 41: When should a Delaware notary apply for commission renewal?

Any time after the expiration date
No earlier than 30 days before expiration
Exactly on the expiration date
At least 6 months before the expiration date (Correct answer)

Correct answer: At least 6 months before the expiration date

Delaware law encourages notaries to apply for commission renewal well in advance of their expiration date. Applying at least six months prior allows ample time for the Secretary of State's office to process the application, conduct any necessary background checks, and issue the new commission. This proactive approach helps prevent any lapse in the notary's commission and ensures continuity of service.

Question 42: What is the legal significance of an affirmation compared to an oath in Delaware courts?

An affirmation is considered less reliable than an oath
An affirmation has the same legal force as an oath (Correct answer)
An oath is always required; affirmations are informal
An affirmation is only valid for civil matters

Correct answer: An affirmation has the same legal force as an oath

Delaware law treats affirmations as legally equivalent to oaths, giving them the same binding force and subjecting false affirmations to perjury penalties.

Question 43: A notary's seal is an official state instrument. Which of the following uses of the seal would be a misuse under Delaware law?

Stamping a jurat after administering an oath
Stamping a copy certification of a public record
Stamping a document to certify the notary's own signature on a personal affidavit (Correct answer)
Stamping a properly acknowledged deed

Correct answer: Stamping a document to certify the notary's own signature on a personal affidavit

A notary cannot notarize their own signature because a notary must be impartial and cannot notarize documents in which they have a direct personal interest.

Question 44: May a Delaware notary administer an oath to a witness in a legal proceeding?

Yes, but only in civil cases
Yes, administering oaths to witnesses is within a notary's authority (Correct answer)
No, only court officers may administer oaths in legal proceedings
No, unless the notary is also a court reporter

Correct answer: Yes, administering oaths to witnesses is within a notary's authority

Delaware notaries are authorized to administer oaths to witnesses, making this a valid notarial act even in legal proceedings outside of court.

Question 45: What does a signer promise when taking an oath before a Delaware notary?

That the document has been reviewed by an attorney
That the statements in the document are true under penalty of perjury (Correct answer)
That they will pay all associated filing fees
That they agree to the notary's fee schedule

Correct answer: That the statements in the document are true under penalty of perjury

When taking an oath, the signer promises that the document's contents are true, and false statements can subject them to criminal perjury charges.

Question 46: What happens to the legal authority of a notary's seal when the Delaware Secretary of State revokes the notary's commission?

The seal's authority ceases immediately upon revocation (Correct answer)
The seal remains valid for 90 days to wind down existing work
The seal remains valid only for documents already in process
The seal authority transfers to the notary's supervising attorney

Correct answer: The seal's authority ceases immediately upon revocation

Revocation of the commission immediately terminates all notarial authority, including the right to use the seal, with no grace period.

Question 47: What is the maximum fee a Delaware notary may charge for a single notarial act?

$10 per notarial act (Correct answer)
$5 per notarial act
$50 per notarial act
$25 per notarial act

Correct answer: $10 per notarial act

Delaware law sets a maximum fee of $10 per notarial act that a notary may charge for their services.

Question 48: What is the consequence of a Delaware notary engaging in willful misconduct?

Revocation of commission and potential civil or criminal liability (Correct answer)
A temporary suspension of no more than 30 days
Mandatory re-training without further penalty
A written warning for the first offense

Correct answer: Revocation of commission and potential civil or criminal liability

Willful misconduct by a Delaware notary can result in commission revocation and exposure to civil or criminal legal consequences.

Question 49: A signer objects to swearing an oath due to religious beliefs. What must a Delaware notary do?

Refuse service since an oath is required by law
Offer an affirmation as an equivalent alternative (Correct answer)
Proceed with the oath and disregard the objection
Require a written statement explaining the objection

Correct answer: Offer an affirmation as an equivalent alternative

Delaware law requires notaries to offer an affirmation as a legally equivalent alternative to an oath for those with religious or conscientious objections.

Question 50: If a signer takes an oath and later the notary discovers the sworn statement was false, what is the signer's potential legal exposure?

No legal exposure, as the notary is responsible for the document's accuracy
A fine equal to the notary's fee for the act
Perjury charges, since they swore falsely under oath (Correct answer)
Civil liability only, with no criminal exposure

Correct answer: Perjury charges, since they swore falsely under oath

A signer who knowingly makes false statements under oath can face perjury charges, which is a criminal offense.

Delaware Notary Public Knowledge Exam

Assesses knowledge of the Delaware Notary Public Act (Title 29, Chapter 43), covering notarial acts, signer identification, journal requirements, fees, and misconduct. Based on the official Delaware Notary Public Handbook published by the Secretary of State.

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60 min

Time Limit

70%

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