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Notary Requirements for Delaware: 2025 Updated

by Ben Camerota
World War II observation towers at Cape Henlopen State Park in Delaware under a starry night sky, with soft sand dunes and a distant horizon glow.

This guide provides comprehensive information on becoming and renewing as a notary public in Delaware as of May 2025. It covers eligibility, the application process, renewals, required tools, remote notarization rules, and answers common questions.

Eligibility Requirements

To qualify for a Delaware Notary Public commission, you must:

  • Age: Be at least 18 years of age.

  • Residency/Employment in State: Have a legal residence with a street address in Delaware OR maintain an office or regular place of employment within Delaware available during normal business hours for Service of Process (P.O. boxes, virtual offices, registered agents do NOT qualify). Non-residents must demonstrate regular conduct of notarial acts in DE.

  • Citizenship/Legal Status: Be a U.S. citizen or permanent legal resident.

  • Character/Qualifications: Be of good character and reputation. No felony convictions (unless rights restored) or convictions for crimes involving dishonesty/moral turpitude. Any prior conviction requires a Certified Background Check from the jurisdiction of conviction. Must have a reasonable need for a commission.

  • Language Proficiency: Be able to read and write English.

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Application Process for New Notary Commission (Online)

Applications and renewals are submitted online.

  1. Create Notary Profile: Establish an online notary profile via the SOS website (notary.delaware.gov) for application, status tracking, updates, and renewals.

  2. Complete Online Application: Fill out the online form. An email address is required for all correspondence.

  3. Pay Application Fee: Non-refundable payment required (electronic checks, Visa, MasterCard, Discover, AmEx). See fee schedule below.

  4. Execute Oath of Office: Download oath form from SOS website. Complete and sign it before an authorized official (who notarizes it). Submit the completed form to [email protected] before commission issuance.

  5. Commission Issuance: Upon compliance, the Governor (or SOS) issues commission. Certificates are sent electronically by email. Print and save.

Fees Associated with Initial Commissioning

  • Traditional Notary (2-year term): $60.00

  • Traditional Notary (4-year term): $90.00

  • Limited Governmental Notary: $0.00 (employer approval required)

  • Service Organization Notary (4-year term): $0.00

  • Good Standing Certificate: $30.00

  • Notary Supplies (Seal, Journal): Varies by vendor.

Commission Term Length

  • Traditional Notaries: 2-year or 4-year term.

  • Limited Governmental Notaries: Expires upon end of employment with State/qualified police agency (no fixed date if employment continues).

  • Notaries for Certain Service Organizations: 4-year term.

Surety Bond

Delaware notaries public are not required to be bonded.

Notary Seal and Journal Requirements

A. Notary Seal (Stamp/Embosser): Mandatory. Use for all notarial acts. Must be sharp, legible, permanent, photographically reproducible.

  • Format: Metal embossing seal OR black-inked rubber stamp for paper documents.

  • Content:

    1. Notary's name (exactly as on commission).

    2. "Notary Public".

    3. "State of Delaware".

    4. "My Commission expires on" followed by the commission expiration date.

      • For Limited Governmental Notaries: "My Commission expires upon office".

  • Electronic/Remote Notaries: Electronic seal conforming to secure e-notarization standards, same required information.

  • Security: Maintain sole control. Report lost/stolen seal to Notary Public website. Surrender rubber stamp seal to AG within 90 days of commission end (or $200 fine).

B. Notary Journal (Record Book): Mandatory (Effective August 1, 2023). Maintain all notarial acts. Electronic or paper format (only one format chosen).

  • Required Entries:

    • Date and time notarized.

    • Type of notarial act.

    • Description of the document.

    • Signature and printed name/address of the signer.

    • Evidence of identity.

    • Fee charged (if any).

  • Guidelines:

    • Electronic journals: permanent, tamper-evident, backup record, protected from unauthorized use.

    • Retain journal for 10 years or transmit to Delaware Notary Administrator if not renewing.

Oath of Office and Recording the Commission

(Section IV was not provided in the original outline structure; assuming this covers the necessary information)

  • Administer Oath: Execute oath of office before commission issuance. Submit completed, notarized form to [email protected]

  • Record Commission: SOS issues commission. SOS maintains an electronic database of notaries. No separate county-level recording is mentioned for the commission itself.

Commission Term and Expiration

  • Term: Typically four (4) years (or 2 years). Limited Governmental Notary terms tied to employment.

  • Expiration: Authority ends. Expiration date on seal. Email reminder ~30 days prior.

Commission Renewal Process

  • Renewal Window: Email reminder ~30 days before expiration.

  • Renew Online: Via notary profile. Review/update info, submit, pay renewal fee.

  • Lapsed Commission: If not renewed, retain journal 10 years or transmit to DE Notary Administrator.

Remote Online Notarization (RON) in Delaware

Legal since August 1, 2023.

A. Requirements for Becoming a Delaware Remote Online Notary:

  • Existing Commission: Hold active DE Notary Public commission.

  • Request Privileges: Request RON/Electronic privileges through online Notary Profile.

  • Approved Technology: Use SOS-approved Electronic/Remote Technology provider (list on Notary Dept. website).

  • Electronic Tools: Obtain e-seal and e-signature conforming to standards.

  • Journal: Maintain mandatory electronic journal.

B. Training and Examination: Not currently required to become a Notary Public in Delaware, including for RON.

C. Approved Remote Technology Vendors: SOS Notary Department lists approved providers (e.g., Black Knight, Blend, BlueNotary, Cyberize It, Doc Magic, NotaryCam, Pavaso, SIGNiX, etc.).

D. Identification Procedures for Remote Notarization: Examine one or more documents with photo/signature (e.g., U.S. Passport, state ID, unexpired foreign passport, alien registration card) OR other satisfactory evidence.

E. Record Keeping for RON: Mandatory electronic journal. Technology platform requirements include "recording of the electronic notarial act in sufficient quality for verification," but specific audiovisual recording retention periods by the notary are not explicitly detailed in provided snippets (though best practice and platform capabilities often include this).

F. Location Requirements for Notary and Principal during RON: Notary must be physically in Delaware. Principal may be outside the U.S. if the act is not prohibited by foreign state and concerns U.S. matters/property/transaction.

G. Excluded Documents for RON: Provided sources do not explicitly list excluded documents.

Official Resources and Contact Information

Frequently Asked Questions (FAQs)

Q: What are the basic eligibility requirements to become a Delaware Notary Public?

A: ≥18, U.S. citizen/permanent legal resident, DE resident or employed in DE, read/write English, good character (no disqualifying convictions unless rights restored), reasonable need for commission.

Q: How much does it cost to become a Delaware Notary Public?

A: Traditional: $60 (2-yr) or $90 (4-yr). Limited Governmental/Service Org: $0. Plus costs for seal/optional supplies.

Q: Is a notary bond required in Delaware?

A: No, Delaware does not require a surety bond.

Q: Do I need a notary seal or stamp in Delaware?

A: Yes, mandatory (metal embosser or black-inked rubber stamp for paper; e-seal for e-notarizations). Must show name, "Notary Public," "State of Delaware," and commission expiration.

Q: Am I required to keep a notary journal or record book?

A: Yes, mandatory from Aug 1, 2023 (paper or electronic). Keep 10 years or transmit to DE Notary Admin if not renewing.

Q: How long is a Delaware Notary Public commission valid?

A: Typically 4 years (or 2 years). Limited Governmental commissions tied to employment.

Q: How do I renew my Delaware Notary Public commission?

A: Renew online via notary profile. Email reminder ~30 days prior. Update info, pay renewal fee.

Q: Is an exam or training required to become a notary in Delaware?

A: No, training or exam is not currently required.

Q: Can I perform Remote Online Notarization (RON) in Delaware?

A: Yes (since Aug 1, 2023). Requires active commission, use of SOS-approved RON tech provider, e-tools. Notary must be in DE.

Q: What activities are prohibited for a Delaware Notary Public?

A: Cannot act if notary/spouse is party or has direct beneficial interest. Must avoid acts showing lack of honesty, integrity, competence, or reliability (e.g., fraud, certain convictions).

Always consult official Delaware Notary Public Office resources for the most current information.

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