Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.
Del. Code tit. 29, § 4333
in effect(a) A notarial officer may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected.
(b) (1) Before a notarial officer performs the notarial officer’s initial notarial act with respect to an electronic record, a notarial officer shall do all of the following:
a. Notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records.
b. Identify for the Secretary of State the technology the notarial officer intends to use.
(2) If the Secretary of State has established standards for approval of technology under § 4338 of this title, the technology must conform to the standards.
(3) If the technology conforms to the standards, the Secretary of State shall approve the use of the technology.
(c) A Recorder of Deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c043/sc02/index.htmlFetched: 10/4/2026