Delaware Notary Public Knowledge Exam — Questions and Answers

Question 1: 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 2: Under Delaware law, may a notary refuse service to a signer based solely on their national origin?

No, notaries may not discriminate based on national origin (Correct answer)
Yes, if the notary cannot read their foreign ID
Yes, if the signer does not speak English
No, but the notary may require an interpreter

Correct answer: No, notaries may not discriminate based on national origin

Delaware notaries may not refuse service based on national origin; discrimination in notarial services is prohibited.

Question 3: If a signer takes an oath and later the notary discovers the sworn statement was false, what is the signer's potential legal exposure?

A fine equal to the notary's fee for the act
No legal exposure, as the notary is responsible for the document's accuracy
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.

Question 4: Which notarial certificate wording is associated with an acknowledgment in Delaware?

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

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 5: Which of the following is an example of improper notarial conduct in Delaware?

Recording the identification type in the journal
Charging the maximum fee of $10 per act
Declining a notarization request due to suspected fraud
Notarizing a document the notary signed as a witness (Correct answer)

Correct answer: Notarizing a document the notary signed as a witness

A notary cannot notarize a document in which they served as a witness because this creates a conflict of interest and dual role.

Question 6: What must a Delaware notary do if their official seal is lost or stolen?

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

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 7: Which of the following is required for the renewal of a Delaware notary commission?

A letter of recommendation
Proof of continuing education
A new notary bond (Correct answer)
Passing a notary exam

Correct answer: A new notary bond

In Delaware, a notary public is required to maintain a surety bond throughout their commission term. When renewing their commission, notaries must typically obtain a new notary bond to cover the duration of the upcoming commission period. This bond provides financial protection to the public against any potential errors or misconduct by the notary.

Question 8: Under Delaware law, what is the consequence if a notary performs notarial acts after their commission has expired?

The acts are void and the notary may face civil or criminal penalties (Correct answer)
There is no legal consequence if the acts were performed in good faith
The acts are voidable but remain enforceable unless challenged
The acts are valid for 30 days after expiration as a grace period

Correct answer: The acts are void and the notary may face civil or criminal penalties

Notarizing documents after commission expiration constitutes unauthorized practice, rendering those acts void and potentially exposing the notary to civil liability or criminal charges.

Question 9: May a Delaware notary's employer confiscate the notary's official journal?

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

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

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

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

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

A temporary suspension of no more than 30 days
Revocation of commission and potential civil or criminal liability (Correct answer)
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 13: Can a Delaware notary keep their journal in an electronic format?

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

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 14: A Delaware employer requires a notary employee to notarize documents without following proper procedures. What should the notary do?

Refuse and follow proper notarial procedures, even if pressured by the employer (Correct answer)
Resign before completing the notarization
Comply, since the employer has authority over the notary
Comply, but note the employer's instruction in the journal

Correct answer: Refuse and follow proper notarial procedures, even if pressured by the employer

A notary's duty to follow proper procedures supersedes employer pressure; notaries are personally responsible for each notarial act.

Question 15: What information must be recorded in a Delaware notary's journal for each notarial act?

Date, type of notarial act, document type, signer name, and identification used (Correct answer)
Only the document type and fee charged
Only the notary's signature and date
Only the signer's name and date

Correct answer: Date, type of notarial act, document type, signer name, and identification used

Each journal entry must include the date, type of act, document description, signer's name, and the form of identification presented.

Question 16: May a Delaware notary use their notary seal to endorse a product or business?

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

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 17: What should a Delaware notary do if they suspect a document is fraudulent?

Call local authorities before making any decision
Ask the signer to sign a disclaimer
Refuse to perform the notarization (Correct answer)
Proceed but note the suspicion in the journal

Correct answer: Refuse to perform the notarization

If a notary suspects a document or transaction is fraudulent, they must refuse the notarization to avoid participating in potential fraud.

Question 18: Which of the following real estate documents commonly requires notarization in Delaware?

Sales contract
Mortgage (Correct answer)
Property tax bill
Home inspection report

Correct answer: Mortgage

A mortgage is a legal document that pledges real property as security for a loan. For a mortgage to be legally valid and recordable in Delaware's land records, the signatures of the parties involved, particularly the mortgagor (borrower), must be notarized. Notarization authenticates the signatures and ensures the parties willingly signed the document, which is crucial for its enforceability and public recordation.

Question 19: A Delaware notary recognizes the signer as a close family member. Should the notary proceed with the notarization?

Yes, family members are always acceptable signers
Yes, personal knowledge is a valid form of identification
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)

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

$10 per notarial act (Correct answer)
$25 per notarial act
$50 per notarial act
$5 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 21: A Delaware notary is presented with a foreign passport as signer identification. Is this acceptable?

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

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 22: If a signer's legal name on the document differs slightly from their ID due to a nickname, how should a Delaware notary proceed?

Accept the nickname if the signer explains the difference
Use the signer's full legal name as it appears on their ID for the certificate (Correct answer)
Ask a supervisor for permission to proceed
Refuse all notarizations if any name discrepancy exists

Correct answer: Use the signer's full legal name as it appears on their ID for the certificate

The notary certificate should reflect the signer's full legal name as shown on their government-issued identification.

Question 23: May a Delaware notary charge additional fees for travel to a signer's location?

No, travel is always free for notarial services
Yes, travel fees may be charged separately if agreed upon in advance (Correct answer)
Yes, but travel fees are capped at $5
No, all fees are included in the per-act maximum

Correct answer: Yes, travel fees may be charged separately if agreed upon in advance

Delaware notaries may charge separate travel fees as long as they are disclosed and agreed upon before performing the service.

Question 24: When using a credible witness to identify a signer in Delaware, how many credible witnesses are typically required?

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

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 25: Which type of seal device is acceptable for use by a Delaware notary public?

Only an embosser that creates a raised impression
Either a rubber ink stamp or an embosser (Correct answer)
Only a digital electronic seal
Only a rubber ink stamp

Correct answer: Either a rubber ink stamp or an embosser

Delaware permits notaries to use either a rubber ink stamp or an embosser, provided the impression is clear and legible on the document.

Question 26: Which of the following items is required to appear on a Delaware notary public's official seal?

The notary's commission expiration date
The notary's bond amount
The notary's home address
The notary's name and 'State of Delaware' (Correct answer)

Correct answer: The notary's name and 'State of Delaware'

Delaware law requires the official seal to display the notary's name and the words 'State of Delaware' along with 'Notary Public.'

Question 27: In Delaware, a deposition is typically accompanied by which notarial act?

A copy certification of the transcript
A signature witnessing at the end of the deposition
An acknowledgment of the witness's identity
An oath administered by the notary before testimony begins (Correct answer)

Correct answer: An oath administered by the notary before testimony begins

Before a deposition begins, the notary administers an oath to the witness, swearing them in to testify truthfully.

Question 28: If a Delaware notary is subpoenaed, which records would they most likely need to produce?

Their employer's corporate records
Their notary journal and any related notarial certificates (Correct answer)
Their personal bank statements
Their personal correspondence with the signer

Correct answer: Their notary journal and any related notarial certificates

In legal proceedings, a notary is most likely to be required to produce their official journal and notarial certificates related to the transaction in question.

Question 29: Which of the following is a required qualification for becoming a notary in Delaware?

Must have a legal background
Must have a college degree
Must be able to read and write English (Correct answer)
Must have a high school diploma or equivalent

Correct answer: Must be able to read and write English

A fundamental qualification for becoming a notary public in Delaware is the ability to read and write the English language. This is crucial because notaries must understand the documents they are notarizing, verify identities, and accurately complete notary certificates. This ensures they can properly perform their duties and prevent errors in official acts.

Question 30: Can a Delaware notary use personal knowledge of the signer as a means of identification?

Yes, if the notary personally knows the signer (Correct answer)
No, personal knowledge is never acceptable
No, two witnesses are always required instead
Yes, but only if the notary files a report with the state

Correct answer: Yes, if the notary personally knows the signer

Delaware allows personal knowledge of the signer as a valid means of identification when the notary can reliably confirm the signer's identity.

Question 31: What is the legal significance of an affirmation compared to an oath in Delaware courts?

An oath is always required; affirmations are informal
An affirmation has the same legal force as an oath (Correct answer)
An affirmation is considered less reliable than an oath
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 32: What is a 'verbal ceremony' in the context of a Delaware notarial act?

A formal reading of the entire document aloud
A scripted introduction the notary must recite
The spoken exchange between the notary and signer that makes the notarial act complete (Correct answer)
A separate hearing before the Secretary of State

Correct answer: The spoken exchange between the notary and signer that makes the notarial act complete

The verbal ceremony is the spoken interaction — such as asking 'Do you swear...' and receiving the signer's response — that gives legal effect to the notarial act.

Question 33: A signer presents a Real ID-compliant driver's license. Is this acceptable identification in Delaware?

No, only a passport is acceptable
No, Real ID is not recognized for notarial purposes
Yes, but only for federal documents
Yes, a Real ID-compliant driver's license is a valid government-issued photo ID (Correct answer)

Correct answer: Yes, a Real ID-compliant driver's license is a valid government-issued photo ID

A Real ID-compliant driver's license is a government-issued photo identification and is fully acceptable for notarial identification purposes.

Question 34: When notarizing a real estate affidavit in Delaware, what must the notary ensure?

That the affidavit is signed by the real estate agent
That the affidavit is prepared by an attorney
That the affidavit is signed in their presence (Correct answer)
That the notary provides legal advice on the affidavit

Correct answer: That the affidavit is signed in their presence

An affidavit is a sworn statement, and for a notary to properly notarize it, they must administer an oath or affirmation to the signer. This solemn declaration must occur in the notary's physical presence. Witnessing the signature in person ensures that the signer is indeed the individual taking the oath and swearing to the truthfulness of the document's contents.

Question 35: Which of the following best describes a 'solemn affirmation' administered by a Delaware notary?

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

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

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)
To create an artistic record of the notarial act

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

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

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 38: If a Delaware notary loses their journal, what should they do?

File a report with local law enforcement only
Purchase a new journal and continue without reporting the loss
Recreate the journal from memory
Notify the Delaware Secretary of State promptly (Correct answer)

Correct answer: Notify the Delaware Secretary of State promptly

A lost or stolen notary journal should be reported to the Delaware Secretary of State because it contains sensitive personal information about signers.

Question 39: What is the primary duty of a Delaware notary public when performing a notarization?

To verify the identity of the signer and witness the signing (Correct answer)
To ensure the document is legally binding
To provide legal advice to the signer
To complete the document on behalf of the signer

Correct answer: To verify the identity of the signer and witness the signing

The primary duty of a Delaware notary public when performing a notarization is to verify the identity of the signer and witness the signing of the document. This ensures that the person signing is indeed who they claim to be and that they are signing willingly. The notary's role is not to validate the document's content, ensure its legality, or provide legal advice.

Question 40: If a signer refuses to raise their right hand or participate in the verbal oath ceremony, can the notary complete a jurat?

No, but a different notarial act may still be performed
No, the verbal ceremony is required for the notarial act to be valid (Correct answer)
Yes, if the signer signs the document in the notary's presence
Yes, if the notary notes the refusal in the journal

Correct answer: No, the verbal ceremony is required for the notarial act to be valid

A jurat requires the signer to actually take the oath or affirmation; without the verbal ceremony, the notarial act is incomplete and invalid.

Question 41: What is the purpose of a notary's surety bond in Delaware?

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

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

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

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 43: When administering an oath, what should a Delaware notary ask the signer to do?

Verbally repeat the full text of the document
Raise their right hand and verbally swear or affirm to the truthfulness of the statement (Correct answer)
Sign the document in the notary's presence only
Place their hand on a Bible or religious text

Correct answer: Raise their right hand and verbally swear or affirm to the truthfulness of the statement

The traditional oath ceremony involves raising the right hand and verbally swearing or affirming to the truthfulness of the statement or document.

Question 44: 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 requires the notary to observe the actual signing; acknowledgment only requires the signer to confirm they signed it (Correct answer)
Signature witnessing is for wills only; acknowledgment is for all other documents

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

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

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 46: What is the difference between an oath and an affirmation in Delaware notarial practice?

An oath requires two witnesses; an affirmation requires none
An oath invokes a higher power; an affirmation is a solemn pledge without religious reference (Correct answer)
An oath is for written documents; an affirmation is for verbal statements only
There is no legal difference between the two

Correct answer: An oath invokes a higher power; an affirmation is a solemn pledge without religious reference

An oath invokes a religious or divine higher power while an affirmation is a solemn, legally binding pledge that does not reference religion.

Question 47: Which of the following is true about signature witnessing in Delaware?

The notary must personally observe the signer placing their signature on the document (Correct answer)
The notary may witness a signature from an adjacent room
Signature witnessing is the same as notarizing a copy
The signer may mail the document to the notary for witnessing

Correct answer: The notary must personally observe the signer placing their signature on the document

Signature witnessing requires the notary to be physically present and personally observe the signer's act of signing the document.

Question 48: May a Delaware notary advertise their services as a 'notario publico'?

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
Yes, to serve Spanish-speaking clients

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 49: Can a Delaware notary use a seal design of their own custom creation, such as a logo or graphic?

Yes, as long as the custom design includes the required statutory information
No, seals must be purchased only from state-approved vendors
No, seals must conform to a standard design approved by the Department of State (Correct answer)
Yes, any design is acceptable as long as it is unique

Correct answer: No, seals must conform to a standard design approved by the Department of State

Delaware seal requirements specify what information must appear, and the seal must conform to statutory requirements; custom decorative designs that replace required elements are not permitted.

Question 50: How should a Delaware notary store their completed journals?

With their employer's human resources department
In an easily accessible location for any client to review
In a secure location protecting them from loss, theft, and unauthorized access (Correct answer)
Filed with the county recorder's office

Correct answer: In a secure location protecting them from loss, theft, and unauthorized access

Journals contain sensitive personal information and must be stored securely to prevent unauthorized access or loss.

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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35 min

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70%

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