Legal Requirements and Procedures for Remote, Online, and Digital Notarizations in the State of Delaware

If you’ve ever needed a document notarized, you may be familiar with the traditional process of meeting a notary public in person to verify your identity and witness your signature. However, with advancements in technology, Delaware, like many other states, now allows for remote, online, and digital notarizations. In this article, we will explore the legal requirements and procedures for these types of notarizations in the state of Delaware.

Understanding Remote Notarizations

Remote notarization is the process of having a document notarized online while the notary public and the signer are in different locations. This method offers convenience and flexibility, especially in situations where in-person meetings are challenging or not feasible. To ensure the validity and security of remote notarizations, Delaware has established specific legal requirements and procedures.

Legal Requirements for Remote Notarizations

In Delaware, remote notarizations must comply with the provisions of the Delaware Uniform Electronic Transactions Act (UETA) and the Revised Uniform Law on Notarial Acts (RULONA). These laws outline the following requirements:

• The notary public must be commissioned in the state of Delaware.
• The signer must be physically located within Delaware at the time of the notarization.
• The notary and the signer must use an audio-visual communication system that allows for real-time communication.
• The notary must identify the signer through personal knowledge, government-issued identification, or other satisfactory methods.
• The notary must create an audio-visual recording of the entire notarial act.
• The notary must attach an electronic seal and electronic signature to the notarized document.

Procedures for Remote Notarizations

If you are in Delaware and wish to have your document remotely notarized, here are the steps you need to follow:

1. Find a Delaware notary who is authorized to perform remote notarizations.
2. Contact the notary and schedule a remote notarization appointment.
3. Prior to the appointment, gather all necessary documents and ensure they are in electronic format.
4. At the scheduled time, join the remote notarization session using the designated audio-visual communication system.
5. Present your government-issued identification to the notary for verification.
6. Sign the document electronically in the presence of the notary.
7. The notary will affix their electronic seal and signature to the document.
8. Receive the notarized document electronically from the notary.

Exploring Online and Digital Notarizations

In addition to remote notarizations, Delaware also allows for online and digital notarizations. While these terms are often used interchangeably, they refer to different processes:

Online notarization involves the use of an electronic platform that facilitates the notarization process. The notary and the signer interact through the platform, and the document is signed electronically. The notary then attaches their electronic seal and signature to the notarized document.

Digital notarization, on the other hand, refers to the use of digital signatures and digital seals to notarize a document. The signer’s identity is verified through a digital certificate, and the notarized document is typically in electronic format.

Advantages of Online and Digital Notarizations

The adoption of online and digital notarizations in Delaware offers several advantages:

• Convenience: Signers can complete the notarization process from anywhere with an internet connection.
• Efficiency: Online and digital notarizations can be completed quickly, reducing the overall turnaround time for important documents.
• Security: Advanced encryption and authentication measures protect the integrity and confidentiality of the notarized documents.
• Cost Savings: Online and digital notarizations eliminate the need for physical paper, postage, and transportation expenses.

It is important to note that not all documents are eligible for online or digital notarizations. Certain legal documents, such as wills or trusts, may require in-person notarization or additional witnesses as mandated by Delaware law.

Conclusion

Delaware’s legal framework allows for remote, online, and digital notarizations, providing convenience, efficiency, and security to individuals and businesses. By complying with the legal requirements and following the established procedures, you can have your documents notarized without the need for in-person meetings. To learn more about notarization and other legal processes, be sure to explore the other articles on our website.