Delaware Code Title 29 Sec. 4314 – Official electronic journal of notarial acts
(a) A notary performing electronic notarial acts shall keep, maintain, protect and provide for lawful inspection an electronic journal of notarial acts. The Secretary shall establish standards for the maintenance of electronic journals.
Terms Used In Delaware Code Title 29 Sec. 4314
- Credible witness: means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual's identity. See Delaware Code Title 29 Sec. 4321
- Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including a record as defined in the Uniform Electronic Transactions Act (Chapter 12A of Title 6). See Delaware Code Title 29 Sec. 4321
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Delaware Code Title 29 Sec. 4321
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Notarial act: shall mean any act that a notary public of this State is authorized to perform and includes:
- Principal: means :
- Secretary: means Secretary of State. See Delaware Code Title 29 Sec. 4321
(b) For every electronic notarial act, the notary shall record in the journal at the time of notarization the following:
(1) The date and time of day of the notarial act;
(2) The type of notarial act;
(3) The type, title or a description of the document or proceeding;
(4) The printed name and address of each person whose signature is notarized or who requests a notarial act;
(5) The evidence of identity of each principal, in the form of either: a statement that the person is “personally known” to the notary; a notation of the type of identification document and the identification number on such identification document; or the printed name and address of the credible witness swearing or affirming to the person’s identity;
(6) The fee, if any, charged for the notarial act; and,
(7) Such other information as the notary may deem to be necessary and appropriate.
(c) A notary shall not record a Social Security or credit card number in the journal.
(d) A notary shall keep the official journal secure under the notary’s exclusive control and shall not allow it to be used by any other person.
(e) A notary shall maintain a backup record of an electronic journal and ensure protection of such backup record from unauthorized use. The Secretary shall establish standards for backup records.