AnalysisDelaware 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 House Bill 247.
DE House Bill 216 of 2021 continues this authorization until June 30, 2022.