Uniform Facsimile Signatures of Public Officials Act

Del. Code tit. 29, ch. 54

in effect

Del. Code tit. 29, § 5401 Definitions.

As used in this chapter: (1) “Authorized officer” means any official of this State or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted. (2) “Facsimile signature” means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer. (3) “Instrument of payment” means a check, draft, warrant or order for the payment, delivery or transfer of funds. (4) “Public security” means a bond, note, certificate of indebtedness or other obligation for the payment of money issued by this State or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions.

Del. Code tit. 29, § 5402 Facsimile signature.

(a) Any authorized officer, after filing with the Secretary of State a manual signature certified by the authorized officer under oath, may execute or cause to be executed with a facsimile signature in lieu of a manual signature: (1) Any public security, provided that at least 1 signature required or permitted to be placed thereon shall be manually subscribed; and (2) Any instrument of payment. (b) Upon compliance with this chapter by the authorized officer, a facsimile signature has the same legal effect as a manual signature.

Del. Code tit. 29, § 5403 Use of facsimile seal.

When the seal of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.

Del. Code tit. 29, § 5404 Violation and penalty.

Any person who with intent to defraud uses on a public security or an instrument of payment: (1) A facsimile signature, or any reproduction of it, of any authorized officer; or (2) Any facsimile seal, or any reproduction of it, of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is guilty of a felony and shall suffer such criminal sanctions and penalties as are appropriate in this State for conviction of the crime of forgery.

Del. Code tit. 29, § 5405 Uniformity of interpretation.

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Del. Code tit. 29, § 5406 Short title.

This chapter may be cited as the “Uniform Facsimile Signature of Public Officials Act.”

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c054/index.htmlFetched: 10/4/2026