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DE House Bill 79

Legislation

State: Delaware
Signed: May 12, 2005

Effective: January 01, 2006
Chapter: 23

Summary

Delaware becomes the fourth state to enact the Uniform Real Property Electronic Recording Act (URPERA), a uniform statute promulgated by the National Conference of Commissioners on Uniform State Laws.

Affects

Amends Chapter 1, Subchapter 5 of Title 25 of the Delaware Code.

Changes
  1. Enacts the Uniform Real Property Electronic Recording Act (URPERA) and creates an electronic recording commission to promulgate rules and regulations governing electronic recording of real property documents.
  2. Allows Notaries to notarize an electronic real property document using an electronic signature.
  3. As pertains to electronic notarizations performed on real property documents, the Act clarifies that a “physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.”
Analysis

Delaware becomes the fourth state to enact the Uniform Real Property Electronic Recording Act (URPERA), a uniform statute promulgated by the National Conference of Commissioners on Uniform State Laws. HB 79 allows Notaries to electronically notarize real property documents in electronic form, and clarifies that an image of a physical seal is not required to be placed on an electronically notarized real property document.

Read House Bill 79 (downloads a PDF of the enrolled bill).

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