Remote online notarization (RON) in Delaware will soon be permanent.
Homebuyers who want to buy or sell property in Delaware will have remote tools to do so with provisions in place laid out by SB 262, which goes into effect on August 1, 2023.
Since a court decision in 2000, only an attorney licensed to practice law in Delaware may conduct a closing related to the sale or refinancing of real property in the state. Delaware's Governor Carney issued an executive order authorizing attorneys to conduct video-conference notarizations in 2020.
The new law allows attorneys to continue to perform video-conference notarizations until August 1, 2023. After that date, all state-commissioned notaries may conduct remote online notarization.
Delaware remote online notarization: A look at the legislation
The new RON law in Delaware outlines certain conditions for remote online notarizations to take place, which include:
Delaware remote notarization provider terms
Before performing their first remote online notarization, a notary public must register with the Delaware Secretary of State and identify the technologies the notary public intends to use.
Delaware remote notarization identification
The notary public must verify the identity of the remote individual from personal knowledge, a witness, or by providing a driver’s license or other government identification which contains either a signature or a photograph. A notary may require an individual to provide additional information or identification credentials necessary to identify the individual.
The notary stamp must include the notary public’s name, the words “State of Delaware,” the commission expiration date, and other information required by the Delaware Secretary of State. The stamp must be able to be copied together with the record to which it is affixed or attached or with which it is logically associated.
Video and journal retention
The technology provider must retain the visual and audio recording for at least ten years after the recording is made. The notary must maintain a journal of all notarizations performed and retain the journal for ten years. The format of the journal may take either a paper or electronic format. Stavvy makes it easy to meet these requirements by providing both digital journal and video retention services for all notarization performed on the platform.
A remote individual currently located outside of the United States may use remote online notarization to buy or sell a United States (US) property or to address a matter related to a US property, provided that RON is not prohibited in the foreign state in which the individual is physically located.
Other Delaware remote online notarization regulations
If the Secretary of State adds further qualifications for identity proofing and the use of communication technology, vendors must adhere to them. The regulations may require technology providers to include antifraud measures clearly showing any change or tampering with a document.
At Stavvy, we’ll keep an eye on the details of this law’s implementation and RON acceptance in other states to provide you with more information.
To learn more about Stavvy's RON solution, with a member of our sales team.
Editor's note: This post was originally published in August 2022 and has been updated.