§ 2318 — Remote access to electronic files, authentications and apostilles

(a) The Secretary of State may, in the Secretary’s discretion, permit persons remote access to electronic files maintained by the Secretary of State, and may from time to time make, amend, alter and rescind rules and regulations governing remote access to such electronic files.

(b) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons permitted remote access to electronic files, such schedule not to exceed $30 for each fee or charge excepting persons permitted remote access to electronic files maintained by the Secretary of State pursuant to Title 6, Article IX of the Uniform Commercial Code, such schedule not to exceed $75 for each fee or charge.

(c) The Secretary of State shall establish, and may from time to time amend or alter, a schedule of fees and charges payable to the Secretary of State by, and shall collect such fees and charges for the use of the State from, persons requesting authentications and/or apostilles, such schedule not to exceed $40 for each fee or charge for regular service plus an additional sum of up to:

(1) $40 for each service requested to be completed within a 24-hour period from the time of the request;

(2) $50 for each service to be completed within the same day of the request; and

(3) $500 for each service to be completed within a 2-hour period from the time of the request.

Such schedule shall provide for a maximum fee of $30 to be charged in each instance where a natural person acting on that person’s own behalf requests more than 1 authentication and/or apostille for a noncommercial purpose, including but not limited to adoptions and custody cases.

Legislative History

66 Del. Laws, c. 352, § 18 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 52, § 42 ; 77 Del. Laws, c. 78, §§ 67, 68