Is Remote Online Notarization Legal in Georgia? (2025)

As technology advances, so does the way we conduct essential tasks such as notarization.

Remote online notarization (RON) has become a valuable tool for individuals and businesses, offering a convenient and efficient way to notarize documents without the need for physical presence. This article explores the legal status of remote notary services in Delaware, the requirements for becoming a remote notary, and the future outlook for online notarization in the state.

Legal Framework for Remote Online Notarization in Delaware

Remote online notarization is legal in Delaware for notaries who are commissioned to perform such acts. Delaware temporarily authorized remote online notarization during the COVID-19 pandemic through Senate Bill 193. Although this authorization has expired, Delaware is set to permanently authorize remote online notarization starting August 1, 2023, with the signing of Delaware Senate Bill 262.

Requirements for Becoming a Remote Notary in Delaware

To become a remote notary in Delaware, notaries must meet specific requirements and follow the prescribed steps:

• Hold a Valid Notary Commission: You must already be a commissioned notary public in Delaware.
• Complete State-Approved Training: Enroll in and complete a remote online notarization training course approved by the Delaware Secretary of State.
• Pass the Required Exam: Successfully pass an exam that tests your knowledge of remote notarization practices and regulations.
• Contract with an Approved RON Provider: Establish an agreement with a state-approved remote notarization platform that meets Delaware’s security and technology standards.
• Submit an Application: Fill out and submit an application for remote notary authorization to the Delaware Secretary of State’s office, along with any required fees.

How Does Remote Notarization Work in Delaware?

Remote notarization in Delaware allows notaries and signers to complete the notarization process online using audio-visual technology. Here is an overview of how remote notarization works:

1. Identity Verification

The notary verifies the signer’s identity using a knowledge-based authentication system and other approved methods to ensure the signer is who they claim to be.

2. Real-Time Audio-Visual Communication

The notary and signer interact through a secure audio-visual platform, allowing the notary to witness the signing of the document in real-time.

3. Recording and Storage

The entire notarization process is recorded and securely stored for future reference. These records must be kept for a minimum of ten years.

4. Digital Signature and Seal

The notary uses a digital signature and electronic seal to complete the notarization, ensuring the document is tamper-evident and legally binding.

Benefits of Remote Notarization in Delaware

Remote notarization offers numerous benefits for both notaries and clients in Delaware:

• Convenience: Notarizations can be performed from any location with internet access, eliminating the need for in-person meetings.
• Accessibility: Provides greater access to notary services for individuals in remote or rural areas, as well as those with mobility issues.
• Efficiency: Speeds up the notarization process, reducing turnaround times for document handling and execution.
• Security: Enhances the security of notarizations through advanced digital tools and verification methods, ensuring the integrity of the process.
• Flexibility: Offers flexible scheduling options for both notaries and signers, accommodating various needs and timelines.

Challenges and Considerations

While remote notarization offers many benefits, there are also challenges and considerations to keep in mind:

• Technological Requirements: Both the notary and the signer must have access to reliable technology, including a computer with a webcam, microphone, and secure internet connection.
• Regulatory Compliance: Notaries must stay informed about Delaware’s specific regulations and compliance requirements for remote notarization.
• Security Measures: Implementing robust security measures to protect sensitive information and prevent fraud is crucial.
• Legal Acceptance: Ensure that the notarized document will be accepted by all parties involved, as some entities may have specific requirements regarding the notarization process.

Future Outlook for Remote Notarization in Delaware

As remote notarization continues to gain popularity, Delaware is likely to see ongoing advancements and updates to its regulations and practices. The state is expected to implement permanent RON laws soon, providing a stable and regulated environment for online notarization. Keeping abreast of these changes will be essential for notaries and clients alike to ensure compliance and take full advantage of the benefits offered by remote notarization.

Frequently Asked Questions

1. Is remote notary legal in Delaware?

Yes, remote notarization is legal in Delaware for notaries who are commissioned for online notarization. The state is set to permanently authorize remote online notarization starting August 1, 2023, with the signing of Senate Bill 262.

2. What are the requirements to become a remote notary in Delaware?

Requirements include holding a current notary commission, completing state-approved training, passing an exam, contracting with an approved RON provider, and submitting an application to the Delaware Secretary of State’s office.

3. What are the benefits of remote notarization in Delaware?

Benefits include convenience, accessibility, efficiency, security, and flexibility, making the notarization process easier and more accessible for both notaries and clients.

4. What challenges should be considered for remote notarization?

Challenges include ensuring reliable technology, staying compliant with regulations, implementing robust security measures, and ensuring legal acceptance of notarized documents.

Remote notarization is a legal and viable option in Delaware, providing a modern, efficient, and secure way to handle notarial acts. By understanding the legal framework, meeting the necessary requirements, and leveraging advanced technology, notaries and clients can benefit from the convenience and accessibility of remote notarization. Stay informed about the latest developments and best practices to ensure successful and compliant notarizations in the digital age.

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