This guide will help to understand:
- Who can become Delaware’s notary public?
- How to become a Delaware notary
- Basic Delaware notarial duties
What are the requirements to become a Delaware notary public?
To become a Delaware notary public, a notary applicant must meet the following requirements:
- You must be 18 years old or older.
- Have a good reputation and character.
- Maintain a Delaware residence, including a street address, or an office or other regular employment location within Delaware.
- You have a reasonable need to be a notary.
Notice:A Delaware notary commission is not available to individuals convicted of a felony who have not had their rights restored.
How do you become a Delaware notary public?
To become a Delaware traditional notary public and receive a Delaware notary public commission, a notary applicant must:
- You must meet the eligibility requirements outlined in the previous section.
- As part of the online process, create or renew an e-mail account. All correspondence, including renewal notices and commission certificates, will be sent electronically via e-mail.
- Establish a notary profile on the Secretary of State’s website at https://notary.delaware.gov or call (302) 739-4111 and press 3 for assistance or email notary@delaware.gov or click here.
- Use the online system of the Secretary-of-State to submit a notary request.
- Answer all questions marked with an * (asterisk) during the application process. (All answers you provide will take you to the next relevant question.
- Apply for a job by paying a $60 non-refundable processing fee.
- After receiving the commission certificate, take the oath and notarize it. Return a copy to the Notary Public Section at the Secretary of State.
Notice:Each question should be answered honestly. You can find the correct answer to any question by clicking inside the answer box. False or misleading statements can lead to perjury charges under Delaware law.Title 29, SS4307[f]. After approval of the application, the commission certificate will electronically be signed and sent via email.
Is it possible for a non-resident to become a Delaware notary?
Yes. Non-residents can become Delaware notaries public. Non-residents must comply with the following conditions:
- You must meet the same eligibility requirements for Delaware residents.
- Delaware has a number of offices and places that you can work.
- You must provide a Delaware residential address and an employment address.
- Include all addresses required with the street address.
- As all correspondence, including renewal notices and commission certificates, will be sent electronically, it is important to create an email address.
- Establish a notary profile on the Secretary of State website at https://notary.delaware.gov.
- Use the online system of the Secretary of State to submit an online application
- Answer all questions marked * during the application process.
- Apply for a job by paying a $60 non-refundable processing fee.
- Get an oath taken and a copy returned to the Secretary.
Nonresident notaries can be served process, subpoenas and other documents by hand or by leaving them with any person at their Delaware workplace. Substituted service is valid if it is served on the Secretary of State under Section 376(b), Title 8. This applies in the event that the office closes or the individual ceases to work at the Delaware employment address. These documents will be forwarded by the Secretary of State to the residential address.
What is the cost of becoming a Delaware notary?
The expenses of a Delaware notary will include:
- A $60 filing fee is required to process a new application for the notary public.
- A notary seal is an official seal.
A notary public can choose to purchase the following notarial assets: (1) a surety bond; (2) a journal to document all notarial acts; (3) an errors or omissions insurance policy to protect the notary against any liability.
How can I renew my Delaware notary license?
Public Delaware notaries may request a two-year reappointment for $60, or a four-year reappointment for $90. Existing notaries who have not previously created a notary profile must first visit https://notary.delaware.gov/ to create and complete a notary profile. If a notary public needs assistance with creating his or her notary profile, he or she should contact the Secretary of State by phone at 302-739-4111 and press 3 or by email at notary@delaware.gov. Notaries who have created a profile on notary.gov will be notified by email approximately thirty days before expiration of their commissions. No longer are renewal notices sent by mail. The notary must log into his or her profile and click on the “Renew Commission” link. Review current information and update as necessary. Finally, submit the $60 non-refundable fee for a term of two years or $90 for a term of four years.
Is there any exam or notary course required to become a Delawarenotary public?
No. No. Delaware’s notary law doesn’t require that you take a course or pass an examination in order to be a notary public. Electronic notaries must show proof that they have completed instruction in electronic notarial procedures, whether in the classroom, online, or through distance learning. You can find answers to common questions and a link to Delaware’s notary laws on the Secretary of State’s site.
Can I do electronic notarization in Delaware?
Yes. Yes. The Delaware notary statute allows for the appointment and commissioning of Delaware electronic notaries publicly. The State of Delaware does not currently issue electronic notary public commissions. Delaware has adopted substantive provisions (Title 29 Chapter 43, Section 4302 Delaware Code), which allow an electronic notary public commissioned to perform notarial acts in relation to electronic records.
Delaware also adopted the Uniform Electronic Transactions Law, which allows electronic signatures to be used by Delaware notaries public (6 DC12A-101 through 6A-117). Section 12A-111 says that if a law requires that a signature or record be notarized or acknowledged, verified or made under oath then the requirement is met if the electronic signature and all information required by any other applicable law are attached to the signature or record.
The Secretary of State will implement the eNotary program. Commissioned electronic notaries will have to adhere to the same rules and standards as traditional paper notarizations, including the personal appearance before a commissioned electronic public notary. Section 4302(f), which gives the Secretary of State the power to promulgate or establish additional standards and guidelines for applications, registrations, appointments and conduct of nonresident and resident electronic notaries, allows the Secretary of state to do so. Delaware has yet to adopt regulations that establish standards and procedures, appointments, registrations and guidelines, conduct of resident electronic notaries and notarial procedures in electronic notarizations.
Can I do remote (online) notarizations here in Delaware?
No. No. The Governor of Delaware issued an executive order in April 2020 that temporarily authorized remote notarization for certain circumstances during the COVID-19 emergency. The Governor’s executive orders that granted temporary remote notarization authorization have not been followed up by the Delaware Secretary.
What is the term for a Delaware notary public commission?
A Delaware notary public’s term of office is two years for a new notary public commission. It begins on the date stated in the commission (29 DCSS4307). A notary public commission can be canceled:
- Resignation, death or revocation.
- A notary public who is no longer of good character or reputation.
- A notary public who no longer has a need for a notary commissioner.
- Delaware is the place where a notary public must leave.
- Nonresident notary public who ceases to have an office or regular job within the State.
A notary public may request a reappointment for a two-year or four-year term to renew their commission. Any notary public may resign from his or her notary commission, or if they no longer meet the qualifications for a commission. The Secretary of State must receive the official notary commission (29 DC SS4307[d]).
Do I need a Delaware notary certificate to become a Delaware notary?
No.
What do I need to insure my Delaware notary errors or omissions?
No. No. E&O insurance is optional and not required for those who apply to be a notary public. The American Association of Notaries strongly suggests that Delaware notaries public have an errors and omissions policy to protect themselves against any liability. The purpose of errors and omissions insurance protects notaries public against liability for unintentional notarial errors or omissions that cause financial or other types of loss to the public, or clients who sue a notary public to recover. E&O policies typically cover legal fees and damages depending on what coverage is selected by a Delaware notary public.
Where can I do notarial acts within Delaware?
A Delaware notary public has statewide jurisdiction. He or she may perform notarial acts in any part of Delaware. A Delaware notary public cannot perform notarial acts beyond Delaware.
Who appoints Delaware public notaries?
The Governor appoints Delaware public notaries. “The Governor may delegate such tasks relative to the appointment notaries to Secretary of State” (29 DCSS4301a). The Delaware Secretary of State oversees all applications for reappointment and appointment as a notary public. He also administers the commissioning process and regulates notaries. The following information can be used to contact the Delaware Secretary-of-State:
Delaware Secretary of State
Section of Notary Public
401 Federal Street, Suite 4
Dover, DE 19901
302) 739-4111, and press 3.
Email: notary@delaware.gov
Fax: (302) 622-24466
What do I need to buy a Delaware notary stamp?
Yes. Yes. According to Delaware’s notary statute, all Delaware notaries public must use either an engraved embossed or black-inked rubber stamp seal in order to authenticate notarial acts (29 DCSS4310a). State law doesn’t provide the required legal specifications for notary seals.
Essential ElementsThese elements must be present on a notary public’s stamp:
- Name of the notary exactly as it appears in the commission.
- The expiration date and the words “My Commission Expires On” are shown.
- The words “Notary Public”
- The words “State Delaware”
Notice:If the seal of the notary is lost, stolen, or damaged, the notary public must notify the Secretary of State within ten working days. The notary public must notify the appropriate law enforcement agency in the event of theft or vandalism. The notary public must bring their official seal and journal, even if the employer paid for the commission and official seal. This rule does not apply to notaries public who are appointed under the Limited Governmental and Service Organization categories.
To notarize electronically in Delaware, do I need an electronic notary stamp?
Yes.
The electronic seal shall be used for all official electronic notarial acts. It shall include:
- Name of the notary exactly as it appears in the commission.
- The expiration date and the words “My Commission Expires On” are shown.
- The words “Notary Public”
- The words “State Delaware”
- A digital signature must be:
- Only available to the electronic notary public.
- Independent verification possible
- Attached or logically associated to an electronic notarial document in such a way that any subsequent alteration of either the certificate or the underlying electronic document prominently shows evidence of the alteration.
- Attached or logically associable by a means that is under the sole control of the electronic notary.
- A public electronic notary performing electronic notarial acts shall be:
- Secure electronic notarization can be done using an electronic signature and seal that conforms to internationally accepted standards.
- Only use the electronic signature and seal of the notary for electronic notarial acts.
- You should take reasonable steps to ensure that the electronic signature-creating device is up to date.
- The electronic signature and seal must be kept under the sole control of the notary. They should not be released to anyone else.
- You must take reasonable measures to protect the authenticity, security, integrity, and authenticity of electronic notarizations.
- The electronic notary must immediately notify the Secretary if the physical or electronic seal, signature or official journal required by Section 4314 of Title 29 Chapter 43 have been lost, stolen, or could be used in any other way than it was intended. In the event of theft or vandalism, the electronic notary must notify the appropriate law enforcement agency.
Is Delaware required to keep a notary book?
No. No. Delaware law doesn’t require that a Delaware notary public record all notarial acts in a journal. The Secretary of State and American Association of Notaries strongly recommend that Delaware notaries public keep a chronological journal of all notarial acts in an archival journal. This journal should be permanent and bound with sequentially numbered pages. It is intended to protect against fraud and prevent liability. An electronic notary public in Delaware must keep a record of all notarial acts that were performed in an electronic journal.
The American Association of Notaries believes that proper record keeping is the best way for notaries public to conduct themselves. This is both to protect them and prevent fraud. Clear and concise documentation in notarial journals will ensure that notaries public are protected. Particularly important is accurate record keeping when years have passed since the notarial act was executed. Contact https://publicnotary.services/
What is the maximum amount a Delaware notary can charge for notarial acts?
The statute that establishes Delaware’s notary fees (29 DC SS4311) is the law. Below is a list of the maximum fees a Delaware notary public can charge for notarial services.- Acknowledgments – $5.00
- Affirmations or oaths – $5.00
- Jurats – $5.00
- Attesting or witnessing a signature – $5.00
- Protests – $5.00
- Attesting or certifying a copy – $5.00
- Electronic notarial acts – $25
Notice:Notaries in Delaware shall not charge fees for notarial services to anyone serving in the United States Armed Forces, any veteran of any war, any widow or children of a soldier or soldier’s parents, any widower, or any other relative of any person within the armed services (29 DCSS4312). The Secretary of State can revoke the notary’s commission for violating this section and the notary may not be reappointed for a period of two year.
What notarial acts is a Delaware notary public allowed to perform?
These notarial acts can be performed by a Delaware notary public, regardless of whether they are related to a tangible record or an electronic one (29 DC SS4321[13]).
- Recognize the acknowledgment.
- Affirmation or oath to be administered
- Take a verification under oath.
- Noting a protest against a negotiable Instrument
- Witnessing or attesting to a signature.
- Attesting or certificating a copy.
How can I change my address for my Delaware notary commissioner?
If the residence of a Delaware notary public changes during the term, the notary must log in to his or her profile and update the information on the Secretary of State’s site. Nonresident Delaware notaries must inform the Secretary of State within 30 days of any address changes. The Secretary of State will notify the notary public if there are any problems with the information that the notary public provided on his or her notary profiles.
How can I change my email address to my Delaware notary commission?
Every Delaware notary must have an active email account. All correspondence, including renewal notices and commission certificates, will be sent electronically via email. A notary public can only update the email address within their notary profile. A notary public will need to contact the Notary Public Section at 302-739-4111 and press 3 or email notary@delaware.gov to update his or her email address. The notary public will need to provide security information. This includes the notary’s name, date of birth, and notary profile ID. The Secretary of State won’t ask for the password to the notary public’s notary profile.
What do I need to do to update my Delaware notary commission name?
Optional. Optional. Jane A. Doe, now Jane A. Smith), until the term of the notary public’s commission ends. Or (2) log in to the notary profile and modify the name. Notary Public Section will be notified of the name change. They will then email a certificate of name change to the notary public so they can obtain a new stamp. This service is free of charge. For a name change, go to the Secretary of State’s website at https://notary.delaware.gov/.
Where To Work As a Notary in Delaware
You can work in many settings as a public notary in Delaware. Whether you decide to work for a law firm, real estate agency or a government job, there are many options available. You can also work for yourself as a mobile notary.
Where To Find Clients in Delaware
We work with notaries all over Delaware to help them find more business and make more money. If you would like to join our notary network, contact us today for more information. We work with notaries in all cities including:
