Bulletin: DE2008001

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

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