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Law

DE Senate Bill 247

Notary Law Update: DE Senate Bill 247

State: Delaware

Summary:

Senate Bill 247 amends the Delaware Code related to notarizations during the COVID-19 state of emergency.

Signed:  July 16, 2020

Effective:  July 16, 2020

Chapter: 82:255

Affects:

Amends Subchapter I, Chapter 31, Title 20 of the Delaware Code.

Changes:
  1. Defines “COVID-19 order”, “COVID-19 State of Emergency” and “State of Emergency Declaration”.
  2. Extends the provisions allowing Delaware attorneys to perform notarizations by video conference in Paragraph B of the Eleventh Modification of the State of Emergency Declaration, dated April 15, 2020, until June 30, 2021.
Analysis:

Delaware Governor Carney’s eleventh modification of the declaration of a state of emergency in Delaware related to the COVID-19 pandemic gave temporary authorization for Delaware attorneys, who have the authority to perform notarial acts without a Notary commission, to perform notarizations and witnessings by video conference. Senate Bill 247 extends this authorization until June 30, 2021.

The authorization provided in the Governor’s order included a requirement that all signers be physically located in Delaware at the time of the notarial act, and the Authorized Notarial Officer must be able to see, hear and communicate with signers in real-time. The order waived the wet-signature requirements for document recording and required the Recorder of Deeds to accept documents notarized and witnessed under these emergency procedures.

Read the bill text.

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