Delaware e-signature and notarization law

Delaware's electronic signature law: the Uniform Electronic Transactions Act (Del. Code tit. 6, ch. 12A (§§ 12A-101 to 12A-117)). Electronic signatures are also valid under the federal ESIGN Act for most transactions. Some documents are excluded, such as wills, divorce and adoption documents, court orders and certain official notices.

The fuller federal list is in our guide to e-signing in the United States.

What Delaware's e-signature law does not cover

Title 6, section 12A-103 says the Act does not apply to a transaction to the extent it is governed by:

  • A law governing the creation and execution of wills or codicils.
  • The Uniform Commercial Code, with limited exceptions that include Sections 1-107 (now Section 1-306) and 1-206.
  • The Uniform Computer Information Transactions Act.
  • Delaware's entity statutes, including the General Corporation Law, the Limited Liability Company Act, the Uniform Partnership Law and the Statutory Trust Act.
  • The Corporation Law for State Banks and Trust Companies, Credit Card Institutions and the Corporation Law for State Savings Banks, in Chapters 7, 15 and 16 of Title 5.

The entity carve-out matters in Delaware: transactions governed by its corporation, LLC, partnership and statutory trust laws fall outside chapter 12A.

Remote online notarization in Delaware

Remote online notarization: allowed in Delaware.

Delaware's notary statute, 29 Del. C. § 4320, says a notarial officer located in Delaware may use communication technology to perform a notarial act for a remotely located individual. The technology must allow the officer and the individual to communicate with each other simultaneously by sight and sound.

Delaware does not issue a separate remote commission. Instead, the officer first notifies the Secretary of State that the officer will be performing notarial acts for remotely located individuals.

SignAndGo doesn't notarize documents. A commissioned notary does that, using a remote notarization platform where the state allows it.

Where to read Delaware's law

  • Electronic signatures: Del. Code tit. 6, ch. 12A (§§ 12A-101 to 12A-117), exclusions at § 12A-103.
  • Remote notarization: 29 Del. C. § 4320, in the Revised Uniform Law on Notarial Acts.

Checked against Delaware's published law on November 2, 2026. This is general information, not legal advice.

Frequently asked questions

Does Delaware's Uniform Electronic Transactions Act apply to LLC Act transactions?
No. Section 12A-103 excludes transactions governed by the Delaware Limited Liability Company Act, along with the General Corporation Law, the Uniform Partnership Law and the Statutory Trust Act.
Who does a Delaware notarial officer notify before acting for a remotely located individual?
The Secretary of State, under 29 Del. C. § 4320.

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