DE Notary Notary Seal and Stamp Requirements 2 — Questions and Answers
Question 1: If a Delaware notary's rubber stamp produces an unclear or illegible impression on a document, what is the best course of action?
- Accept the impression and initial it for clarity
- Re-stamp the document in a clean area to produce a legible impression (Correct answer)
- Proceed without a seal impression as long as a signature is present
- File a variance request with the Department of State
Correct answer: Re-stamp the document in a clean area to produce a legible impression
The seal impression must be legible to be legally valid; if an impression is unclear, the notary should re-stamp in an available area of the document.
Question 2: When a Delaware notary legally changes their name, what action regarding the seal is required?
- Continue using the old seal until the commission expires
- 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
- 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 3: Which of the following is NOT required information on a Delaware notary's official seal?
- The notary's name
- 'Notary Public'
- 'State of Delaware'
- The notary's commission number (Correct answer)
Correct answer: The notary's commission number
Delaware law requires the notary's name, 'Notary Public,' and 'State of Delaware' on the seal, but the commission number is not a mandated element.
Question 4: What ink color is most commonly specified or recommended for Delaware notary rubber stamps to ensure document reproducibility?
- Red
- Blue
- Black (Correct answer)
- Green
Correct answer: Black
Black ink is most commonly recommended for notary stamps because it reproduces most clearly on photocopies and scanned documents.
Question 5: 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 because the employer is responsible for the notary's acts
- This is acceptable if the notary is present in the building
- 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
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 6: Where on a notarized document should the Delaware notary place the seal impression?
- Only on the signature page, near the notarial certificate (Correct answer)
- At the top of the first page of every document
- On the back of the document only
- Anywhere on the document that has blank space
Correct answer: Only on the signature page, near the notarial certificate
The seal should be placed in or near the notarial certificate area on the signature page to clearly associate it with the notarization.
Question 7: Under Delaware law, can a notary public use an electronic seal for electronic notarizations?
- No, only physical seals are recognized 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, electronic notarizations are not permitted 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.
DE Notary Notary Seal and Stamp Requirements 2
If a Delaware notary's rubber stamp produces an unclear or illegible impression on a document, what is the best course of action?