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Delaware Code Title 29. State Government § 4338. Regulatory authority

Current as of January 01, 2026 | Updated by Findlaw Staff

(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.

(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.

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Cite this article: FindLaw.com - Delaware Code Title 29. State Government § 4338. Regulatory authority - last updated January 01, 2026 | https://codes.findlaw.com/de/title-29-state-government/de-code-sect-29-4338/

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