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DE Executive Order (2020)

Executive Order

State: Delaware
Signed: April 15, 2020

Effective: April 15, 2020

Summary

Delaware Governor Carney issued an executive order temporarily authorizing attorneys to perform remote notarizations during the COVID-19 state of emergency.

Affects

Delaware attorneys who have the power to perform notarial acts under 29 Del. C. 4323(a)(3).

Changes
  1. Authorizes any notarial act required under Delaware law to be performed, in addition to methods authorized under current law, by utilizing audio-visual technology.
  2. Requires the notarization to be performed by a licensed Delaware attorney who is in good standing with the Supreme Court of Delaware (“Authorized Notarial Officer”).
  3. Requires the Authorized Notarial Officer and all persons whose signatures are being notarized to be physically located in Delaware, and the signer(s) to affirmatively represent this fact during the video conference.
  4. Requires the Authorized Notarial Officer to determine that the person whose signature is being notarized is the person whose true signature is on the instrument: 1) by personal knowledge of identity, or 2) by examining one document that is satisfactory evidence of identity as provided in 29 Del. C. §4321(21) (an “Identity Document”).
  5. Requires that for documents notarized in relation to a real estate transaction or conveyance of real property, the attorney overseeing the transaction to verify the signer’s identity in one of the following ways: 1) by personal knowledge of identity; 2) by examining two identity documents; or 3) by examining one identity document and one document (i.e. utility bill, cable bill, voter registration card, etc.) postmarked or dated within 60 days from the date of the notarization that includes the signer’s name and address as stated on the identity document.
  6. Requires the verification of identity to occur during the video conference, not merely by transmitting the identity evidence before or after the video conference.
  7. Requires the Authorized Notarial Officer to able to communicate in real-time by any available video conferencing method where the Authorized Notarial Officer can actually see, hear, and communicate with the person whose signature is being notarized.
Analysis

Delaware Governor Carney has issued his Eleventh Modification of the Declaration of a State of Emergency for the State of Delaware temporarily allowing Delaware attorneys who have the power to perform notarial acts under 29 Del. C. 4323(a)(3), to perform video-conference notarizations. Delaware is not the first state to limit the authorization to perform these notarizations to certain types of Notaries. Arkansas is one other state that permits only specified Notaries to perform them. The Governor's Order remains in effect during the COVID-19 State of Emergency declaration, as modified and extended, until further notice.

Read the Eleventh Modification: State of Emergency Declaration.

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