AnalysisIt appears that Senate Bill 157 creates an alternative signing process to the execution of powers of attorney requiring notarization for matters related to motor vehicle matters. The original bill synopsis read as follows: “Delaware's Power of Attorney statute requires a notary to verify the signature on a document. Many financial institutions have difficulty having the customer appear before a notary for that notarization. There are several electronic signature verification processes that are available to businesses. This bill would create a Power of Attorney for motor vehicle business that would allow for electronic signature verification if the verification system is acceptable to the Department. This bill will enable businesses of all sizes to accelerate document turnaround time and reduce costs, while ensuring document security and privacy.”
Senate Bill 157 could be construed to dispense with the notarization requirement by using an electronic signature that is not notarized, but it is also possible that Senate Bill 157 could authorize the Department of Motor Vehicles to adopt an electronic notarization signature process that doesn’t require an appearance before a Notary. Remote notarization is a possibility, although Delaware is one of the few states yet to enact a broad remote notarization bill.
Read Senate Bill 157.