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Notary Requirements for Delaware: 2024 Updated

This guide outlines both how to become a notary and how to renew your license, helping you stay compliant and ready to serve. We’ve also included a helpful FAQ section to address common concerns and ensure you have all the information you need in one place.


1. Requirements to Become a Notary in Delaware

Becoming a notary public in Delaware requires meeting certain eligibility criteria and following a step-by-step process to ensure you are properly commissioned. Here's how to get started:

Eligibility Criteria

Before you begin the application process, ensure you meet the following criteria:

  • You must be at least 18 years old.
  • You must be a resident of Delaware or maintain a principal place of employment or business within the state.
  • You must be able to read and write English.
  • You cannot have any disqualifying criminal convictions.

Step 1: Complete the Notary Application

In Delaware, you must complete a notary public application and submit it to the Delaware Department of State: Division of Corporations. The application will require you to provide personal details, declare your business or home jurisdiction, and include your business or employment address.

Step 2: Pay the Application Fees

The fee for becoming a notary public in Delaware is $60 for a four-year commission or $90 for an eight-year commission. These fees must be submitted along with your application.

Step 3: Purchase Your Notary Seal

Once your application is approved, you will need to purchase a notary seal that meets Delaware’s legal requirements. The seal must include your name, the words "Notary Public," "State of Delaware," and your commission expiration date.

Step 4: Complete a Notary Oath of Office

Once you’ve been notified of your approval, you will need to take an Oath of Office before a public official authorized to administer oaths in Delaware. You must file the completed oath with the Delaware Secretary of State’s office.

Step 5: Receive Your Commission Certificate

After completing your Oath of Office and submitting the paperwork, you will receive your commission certificate from the Delaware Secretary of State. This certificate confirms your official status as a notary public.


Frequently Asked Questions (FAQ) For New Notaries

1. How long does it take to become a notary in Delaware?
The processing time is generally 2-3 weeks from the submission of your application to the issuance of your commission certificate.

2. Where do I submit my notary application in Delaware?
Applications must be submitted to the Delaware Department of State: Division of Corporations, either online or by mail.

3. What happens if my application is denied?
If your application is denied, you will be informed of the reasons and given the opportunity to correct the issues and reapply.

4. Do I need to maintain a notary journal in Delaware?
Delaware does not legally require notaries to maintain a journal of their acts, but it is highly recommended. A journal can help protect you from liability and serve as a record for your notarial acts.


2. Requirements for Notary License Renewal in Delaware

In Delaware, notary commissions are valid for either four or eight years, depending on your initial application. Here’s what you need to know about renewing your commission:

Step 1: Submit Your Renewal Application

You must submit a renewal application to the Delaware Department of State. Renewal applications should be submitted well in advance of your commission’s expiration date to ensure a smooth transition.

Step 2: Pay the Renewal Fees

The renewal fee is $60 for a four-year commission or $90 for an eight-year commission. These fees are non-refundable and must be paid when you submit your renewal application.

Step 3: Complete a New Notary Oath of Office

As part of the renewal process, you will need to take a new Oath of Office before a public official authorized to administer oaths in Delaware. The oath must be filed with the Delaware Secretary of State.

Step 4: Update or Replace Your Notary Seal

If your notary seal has become worn or no longer meets state requirements, you will need to purchase a new one. Ensure the updated seal reflects your renewed commission expiration date.


Frequently Asked Questions (FAQ) For Renewing Notaries

1. What happens if my notary commission expires before I renew?
If your commission expires, you must stop performing notarial acts immediately. You will need to reapply and complete the full application process again, including taking the Oath of Office.

2. Can I perform remote notarizations in Delaware?
Yes, Delaware allows for remote online notarization (RON). You must register with the state and comply with the additional requirements, including using state-approved technology platforms.

3. What fees can I charge for notarial services in Delaware?
Delaware law allows notaries to charge $5 per notarization. Additional fees for travel or other services may be charged but must be agreed upon in advance.

4. What should I do if my notary seal is lost or stolen?
If your notary seal is lost or stolen, you must notify the Delaware Department of State immediately. You will need to order a new seal and may need to report any lost or stolen entries if you maintain a journal.