Delaware Code Title 29 Sec. 4338 – Regulatory authority
(a) The Secretary of State may adopt rules to implement this chapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. Regulations may do all of the following:
(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records.
(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.
(3) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.
(4) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public.
(5) Include provisions to prevent fraud or mistake in the performance of notarial acts.
Terms Used In Delaware Code Title 29 Sec. 4338
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Delaware Code Title 29 Sec. 4321
- Fraud: Intentional deception resulting in injury to another.
- Notarial act: shall mean any act that a notary public of this State is authorized to perform and includes:
- 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
(b) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this subchapter, all of the following:
(1) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.
(2) Standards, practices, and customs of other jurisdictions that substantially enact this subchapter.
(3) The views of governmental officials and entities and other interested persons.