Delaware Amends Code Regarding Notarial Acts

Weiner Brodsky Kider PC

Weiner Brodsky Kider PC

Delaware has recently enacted provisions to amend its Revised Uniform Law on Notarial Acts. This Act adopts the Uniform Law Commission’s (ULC) Revised Uniform Law on Notarial Acts (Revised Uniform Law). Notably, these amendments will allow all notarial officers to perform remote notarization, provided they meet certain requirements. These requirements include, among other matters, obtaining satisfactory evidence of the identity of the remotely located consumer by using at least two different methods of verifying a consumer’s identity.

Additionally, the Revised Uniform Law does the following:

  • Gives notarized electronic documents the same authority as notarized physical documents;
  • Makes it a requirement for all notaries public to maintain a journal of all notarial acts performed;
  • Imposes new minimum requirements for notaries public, including minimum requirements for commissions and grounds to deny, suspend, or revoke commissions; and
  • Prohibits notaries public from engaging in false or deceptive advertising.

These changes will take effect on January 1, 2023.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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