Delaware · 29 Del. C. §4320Delaware remote online notarization: the identity rules, the recording and the certificate

Delaware follows the uniform notarial act model for remotely located individuals. A notary located in Delaware may perform a notarial act using communication technology – simultaneous sight and sound – for an individual who isn't physically present if the notary has personal knowledge of the individual's identity, satisfactory evidence from a credible witness, or satisfactory evidence from at least two different types of identity proofing; can reasonably confirm the record is the same one the individual signed; and creates an audiovisual recording of the act (29 Del. C. §4320). For a signer outside the United States, the record must relate to a matter before a U.S. court or government entity, or involve property in the United States or a transaction substantially connected with it, and signing must not be prohibited where the signer is. The certificate must indicate that the act was performed using communication technology, the recording must be kept at least ten years unless a rule sets a different period, and before the first such act the notary must notify the state and identify the technologies used. Delaware also allows a paper record that isn't in front of the notarial officer: the signer signs the record and a declaration under penalty of perjury during the recording and sends both within three days, and the officer then completes a certificate stating it witnessed the signing by communication technology; the act is effective on the date the declaration was signed (29 Del. C. §4320(e)–(f)).