(a) The Governor may appoint as many electronic notaries as the Governor may decide is necessary and proper. The Governor may delegate such duties relative to the appointment of electronic notaries to the Secretary of State as the Governor may decide is necessary and proper. Any person who acts as an electronic notary under Delaware law shall register and be commissioned and otherwise be in compliance with the provisions of this title.

(b) Any person who desires to become an electronic notary shall be at least 18 years of age and shall provide such evidence as the Secretary may require to show:

(1) Good character and reputation;

(2) A reasonable need for an electronic notary commission; and

(3) Legal residence including street address of the electronic notary within the State.

(c) The Governor may also appoint, as notaries public for electronic notarial acts, nonresidents of this State who otherwise meet the requirements of paragraphs (b)(1) and (b)(2) of this section provided that such individual shall have demonstrated to the satisfaction of the Secretary that:

(1) Such individual maintains an office or regular place of employment in Delaware; or

(2) Such individual is an attorney-at-law in good standing licensed in any state, commonwealth, territory, district or possession of the United States or such individual is a legal assistant or paralegal working under the direct supervision of an attorney-at-law in good standing licensed in any state, commonwealth, territory, district or possession of the United States and such attorney-at-law is a Delaware electronic notary and has previously submitted to the Secretary and had approved by the Secretary an application containing such information as the Secretary shall deem necessary and proper and demonstrating such attorney-at-law has a reasonable need for permitting 1 or more legal assistants or paralegals under that attorney-at-law’s direct supervision to become an electronic notary under Delaware law; or

(3) Such individual is a current employee of a banking, trust, or insurance company organized and regulated under the laws of the United States or any state, commonwealth, territory, district or possession of the United States, and such banking, trust, or insurance company shall have previously submitted to the Secretary and had approved by the Secretary an application containing such information as the Secretary shall deem necessary and proper and demonstrating that such banking, trust, or insurance company is in good standing and has a reasonable need for permitting 1 or more of its employees to become an electronic notary under Delaware law; or

(4) Such individual is a current employee of a federal governmental agency or unit of the United States and such agency or unit shall have previously submitted to the Secretary and had approved by the Secretary an application containing such information as the Secretary shall deem necessary and proper and demonstrating that such agency or unit has a reasonable need for permitting 1 or more of its employees to become an electronic notary under Delaware law. Any such electronic notary, so appointed, shall only perform electronic notarial acts in the performance of their official duties.

Nonresidents seeking appointment as a Delaware electronic notary public shall include in their application their primary residential address within any state, commonwealth, territory, district or possession of the United States and their employment address in Delaware or within any state, commonwealth, territory, district or possession of the United States. Those appointed as electronic notaries public shall also notify the Secretary of each change of address within 30 days of such change. Each nonresident electronic notary not having an employment address in Delaware shall also designate a registered agent in the State of Delaware to receive service of process, subpoenas and other documents. All addresses required by this subsection shall include a street address.

Service of process, subpoenas and other documents upon nonresident electronic notaries may be made personally or by leaving them with any person of suitable age and discretion at the Delaware place of employment or the electronic notary’s registered agent, if applicable. Substituted service shall be effectual if served upon the Secretary of State, under the guideline of § 376(b) of Title 8 in the event that the office has been closed or such individual ceases to be regularly employed at the filed Delaware employment address or such registered agent has resigned. The Secretary of State shall then forward such documents to the electronic notary’s filed residential address or employment address outside of the State.

(d) An applicant to become an electronic notary shall submit a registration form established by the Secretary for registering and being commissioned as an electronic notary, which shall include:

(1) The applicant’s full legal name;

(2) A description of the technology or technologies the registrant will use for electronic identification, electronic signatures and such other aspects involved in performing each electronic notarial transaction;

(3) If the device used to create the registrant’s electronic signature is issued or registered through a licensed authority, the name of that authority, the source of the license, the starting and expiration dates of the device’s term of registration, and any revocations, annulments, or other premature terminations of any registered device of the registrant that were due to misuse or compromise of the device, with the date, cause, and nature of each termination explained in detail;

(4) The electronic mail address of the registrant;

(5) The electronic signature of the notary which shall be unique to the notary;

(6) Evidence that the electronic notary has taken a course of instruction, whether in the classroom, distance learning or online, in accordance with standards established by the Secretary prior to being commissioned as an electronic notary, and continuing education, whether in the classroom, distance learning or online, in accordance with standards established by the Secretary, during the 2-year term as provided in § 4307 of this title; and

(7) Such other information as the Secretary shall reasonably request.

The registration form shall (i) be signed by the applicant using the electronic signature described in the form; (ii) include any decrypting instructions, codes, keys, or software that allow the registration to be read; and (iii) be transmitted electronically to the Secretary.

Nothing herein shall be construed to prevent an electronic notary from using updated technology or technologies during the term of the commission; however, the electronic notary shall notify the Secretary electronically within 90 days of installation or use of such updated technology or technologies and provide a brief description thereof.

(e) The Governor, or as permitted, the Secretary may revoke any electronic notary commission for cause.

(f) The Secretary may promulgate regulations or establish such additional standards and guidelines governing applications, registrations, appointments, and the conduct of resident and nonresident electronic notaries.

76 Del. Laws, c. 253, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 165, § 3.