Delaware Code Title 29 Sec. 4329 – Electronic certificate of authority
(a) Form of evidence of authority of electronic notarial act. — On a notarized electronic document transmitted to another state or country outside of the United States, electronic evidence of the authenticity of the official signature and seal of an electronic notary of the State of Delaware, shall be attached to or logically associated with the document and shall be in the form of an electronic certificate of authority signed by the Secretary that is independently verifiable and will be invalidated if the underlying document is modified.
Terms Used In Delaware Code Title 29 Sec. 4329
- 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
- Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Delaware Code Title 29 Sec. 4321
- electronic notary: means a notary public who has been commissioned by the Secretary with the capability of performing electronic notarial acts under this chapter. See Delaware Code Title 29 Sec. 4321
- Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. 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:
- Seal: means a device for affixing on a paper document an image containing the notary's name and other information related to the notary's commission. See Delaware Code Title 29 Sec. 4321
- Secretary: means Secretary of State. See Delaware Code Title 29 Sec. 4321
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) Certificate of authority for electronic notarial act. — An electronic certificate of authority evidencing the authenticity of the official signature and seal of an electronic notary of the State of Delaware shall contain substantially the following words:
Certificate of Authority for an Electronic Notarial Act
I, (name and title), certify that (name of electronic notary), the person named as Electronic Notary Public in the attached or associated electronic document, was commissioned as an Electronic Notary Public for the State of Delaware and authorized to act as such at the time of the document’s electronic notarization.
To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic signature this ________ day of ________, 20____.
(Electronic signature and seal of commissioning official)