AffectsAmends Sections 4301, 4302, 4306, 4307, 4308 and 4313 of the Delaware Code
AnalysisSenate Bill 111 is “clean-up legislation” for Delaware’s extensive notarization and electronic notarization statute enacted last year. One of the matters this bill cleans up is the procedure for nonresident Notaries and electronic Notaries taking the official oath of office as required by the Delaware Constitution. Now, nonresident Notaries and electronic Notaries can have a non-Delaware Notary or any other out-of-state oath-administering official administer the oath of office and they are exempt from the requirement to record the oath of office as required by Delaware law. In addition, applicants for a nonresident Notary or electronic Notary commission no longer must file an affidavit stating their residence and work addresses, but must include this information on the application for appointment.
However, this bill does more than implement technical changes; there are a number of substantive additions to the law in this legislation as well. For example, SB 111 now allows a paralegal or legal assistant working for an attorney who is a Delaware electronic Notary to become an electronic Notary. Under Delaware’s “innovative” one-of-a-kind law, this attorney, paralegal or legal assistant can reside in any U.S. state or jurisdiction and electronically notarize documents under Delaware law while being physically located in that other state or jurisdiction. Many of the provisions of SB 111 pertain to the appointment of limited governmental Notaries who can notarize only for their governmental entity or office.
Read the bill text.