DE Notary Signer Identification and Verification 2 — Questions and Answers
Question 1: When using a credible witness to identify a signer in Delaware, how many credible witnesses are typically required?
- One credible witness who is personally known to the notary (Correct answer)
- Two credible witnesses from the general public
- Three witnesses including the notary
- 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 2: 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
- Yes, only if accompanied by a U.S. visa
- No, foreign passports must be translated first
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 3: 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)
- Proceed based on the signer's verbal assurance
- Accept any document showing the signer's name
- 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 4: Why is it important for a Delaware notary to carefully examine the signer's identification?
- To verify the signer is who they claim to be and prevent fraud (Correct answer)
- To determine if the signer qualifies for a fee waiver
- To record the signer's ID number in the journal
- To confirm the signer is a Delaware resident
Correct answer: To verify the signer is who they claim to be and prevent fraud
Carefully examining ID ensures the notary is dealing with the actual person named in the document, which is fundamental to fraud prevention.
Question 5: 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 6: When must a Delaware notary personally see the signer's identification document?
- At the time the notarial act is performed (Correct answer)
- Before scheduling the appointment
- Within 24 hours before the notarial act
- It can be emailed in advance
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.
When using a credible witness to identify a signer in Delaware, how many credible witnesses are typically required?