- July 16, 2008
- All Delaware Issuing Offices
- Delaware Governor Signs eNotarization Law
Governor Ruth Ann Minner has signed a law to modernize Delaware's Notary Public statutes and implement procedures for electronic notarization of documents.
Senate Bill 246 authorizes the Governor to appoint both resident and non-resident electronically capable Notaries who work in Delaware.
The law also allows the governor to appoint non-resident attorneys and financial service workers who can demonstrate a reasonable need to become electronically capable Notaries under Delaware law.
SB 246 takes effect February 1, 2009, to allow time to establish procedures and training for Delaware Notaries to perform eNotarizations.
144th General Assembly
Senate Bill # 246
Primary Sponsor: DeLuca
Additional Sponsor(s): Rep. Hudson
CoSponsors: Bunting, Sens. Ennis, Sorenson, Venables, Cloutier; Reps. Carson, Johnson, Lavelle, Maier, B. Short, Stone, Viola, Wagner
Introduced on: 05/06/2008
Long Title: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO NOTARIES PUBLIC.
Synopsis: Section 1. This Act implements a key recommendation of the Delaware Information Assurance Task Force by modernizing Delaware's notary public laws. Eighteen states have enacted electronic notarization statutes and the National Association of Secretaries of State has approved national standards and procedures for electronic notarization of documents. Adoption of an electronic notarization statute in Delaware will facilitate electronic commerce and the creation of a trusted, secure and legally enforceable exchange of legal documents designed to protect the public and businesses from fraud and forgery.
The Act allows the Governor to appoint resident and non-resident electronic notaries who maintain offices or a regular place of employment in Delaware. The Act allows the Governor to appoint non-resident attorneys at law and non-resident employees of financial services companies licensed in the United States that have demonstrated a reasonable need for permitting their employees to become electronic notaries under Delaware law. This unique feature may, in time, allow for the wide-scale adoption and use of Delaware law for electronic notarization. The Act permits the Secretary of State to adopt a schedule of fees for each electronic notarial act or service - thereby creating a potential revenue source for the State.
The Act further updates the State's notary laws by clarifying the identification requirements for persons whose presence and signature is being certified by a notary, clarifying that notaries must affix a photographically reproducible image of the official seal on every document, and increasing the two-year notary commissioning fee from a net $53 to $60 and the four-year commissioning fee from a net $78 to $90.
Section 2. The Act takes effect on February 1, 2009 in order to provide the Secretary of State with sufficient time to provide appropriate training to existing Delaware notaries and to establish guidelines, standards and rules affecting electronic notaries.
Author: Senator DeLuca
Current Status: Signed On 06/26/2008
For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.