Delaware has passed Senate Bill 262 (“SB 262”) which enacts the Revised Uniform Law on Notarial Acts (“the Act”), including provisions authorizing remote notarization. S.B. 262 closely follows the Revised Uniform Law on Notarial Acts (“RULONA”)as amended by the National Conference of Commissioners on United State Laws in 2016.
The bill amends Title 20 and 29, Chapter 43, of the Delaware code and becomes effective on August 1, 2023. Until the effective date, notaries are required to follow the current provisions that allow for in-person electronic notarization. The Eleventh Modification of the State of Emergency Declaration dated April 15, 2020, which authorizes certain remote notarizations to be performed by licensed Delaware attorneys, also remains in effective until July 31, 2023.
Adoption of S.B. 262 will allow all notarial officers to perform remote notarizations by providing that a remotely located individual may personally appear before a notarial officer using communication technology. The Delaware Secretary of State is expected to adopt rules regulating the adoption of remote notarizations prior to the effective date.
The Act adds new definitions including “communication technology,” and “remotely located individuals.” It also adds a requirement for notaries to notify the Secretary of State before performing remote notarizations and to identify the technologies that will be used. Notaries will be required to maintain a journal of all notarial acts performed and must retain the journal for 10 years following the last act recorded in the journal. The journal may be created in a tangible journal or in an electronic format.
S.B. 262 includes short form certificates under 29 Del. Code 4329. The short form will be sufficient for remote notarizations if it complies with other regulations and add a statement substantially similar to this form: “This notarial act involved the use of communication technology.”
DocMagic will make any required updates prior to the effective date to fully support electronic notarizations in Delaware.
