FREQUENTLY ASKED QUESTIONS
Q. What are the requirements and steps to become a notary?
A. There are different types of Notaries Public with different requirements. Please click the links under "Application Instructions" for more information.
Q. Will my application fees be refunded if my application is rejected?
A. No. Application fees are non-refundable pursuant to Title 29 §4307(a).
Q. Are Delaware notaries required to be bonded?
A. No.
Q. Can a non-resident become a Delaware Notary?
A. Yes. Title 29 §4301(c) states that nonresidents may be appointed "...provided that such individuals maintain an office or regular place of employment in Delaware."
Q. Is training required to become a Notary Public?
A. No. Training is not required to become a notary. Our web site contains a link to the Delaware law as well as answers to frequently asked questions. If you wish to receive training you may want to visit one of the Notary Organizations links on our web site.
Q. What types of payments do you accept?
A. Checks or money orders payable to the State of Delaware are accepted. In addition, electronic checks, and Visa, MasterCard and Discover credit cards are now accepted for payment. If you wish to pay by electronic check or one of these credit cards, please complete and submit the Electronic Check/Credit Card Authorization Form with your application.
Q. I just received my commission certificate. What do I do next?
A. Please view the Post Commission Instructions.
Q. My name has changed. What are my options?
A. Please view Name Change Options on the Post Commission Instructions page.
Q. I have misplaced my commission. How do I obtain a replacement?
A. Please view Lost Commission information on the Post Commission Instructions page.
Q. How do I report a change of address?
A. You may notify us in writing via mail, fax (302-739-2499) or email (notary@delaware.gov) indicating your name as it appears on your commission, the type of change (residence or business address), and the old and new addresses. There is no fee and your current commission certificate is still valid.
Q. How do I renew my commission?
A. You can apply for reappointment in the same way you apply for an initial commission. Please view the instructions by clicking the appropriate links under "Application Instructions".
Q. How will I know when it is time to renew my commission?
A. Please check your notary seal. Delaware law requires the commission expiration date to be contained in the seal. You may renew your commission two months before the expiration date. Please refer to the answer to the question "How do I renew my commission?" above.
Q. My notary commission has expired. Do I have to start over as a new applicant?
A. If your commission has been expired for more than one year, you must start over as a new applicant. If it has been a year or less, you may follow the renewal instructions.
Q. Am I required to turn over my notary stamp and commission to my employer if I leave my job?
A. No. Even if your employer pays for the commission and stamp, the notary public is commissioned by the Governor to serve the public until the commission expires, the Notary resigns, or the commission is revoked. When you leave employment, your stamp/seal, commission and journal/record book (if applicable) leave with you.
Q. If I leave employment, do I have to resign my commission if my employer asks me to?
A. No. As stated above, the commission belongs to the Notary Public.
Q. My employer paid for my notary commission and I am being told I cannot perform notarizations outside my workplace after hours. Is this true?
A . No. You may perform notarizations outside of your workplace after work hours and collect fees associated with such notarizations. Your employer has the right to collect any fees associated with notarizations performed as part of your employment.
Q. What if my boss insists that I notarize a document when the person has not signed or acknowledged his or her signature in my presence?
A. Explain to your boss that Delaware law requires that the signer appear before you personally before you can notarize the document. Failure to follow this procedure could result in liability for you and your employer as well as the revocation of your commission.
Q. Does Delaware require a record book or journal?
A. No, it is not required by law but is highly recommended that a notary keep one for his or her own records.
Q. What are the requirements for the Notary Seal?
A. It must be either a metal embossing seal or a black-inked rubber stamp, must contain the notary's name exactly as it appears on the commission, and must contain the words "My Commission expires on" and the commission expiration date, and the words "Notary Public" and "State of Delaware".
Q. Is it necessary for a signer to appear before the notary?
A. Yes. The personal appearance of the signer is required by law.
Q. What are the acceptable ways to identify the signer?
A. Personal knowledge, identification documents and credible witness. Delaware law defines "identification document" as "a current identifying instrument that contains the following elements:
- The signer's photograph;
- The signer's personal description and signature;
- An official seal; and
- An identifying number."
Q. Should I notarize a document that contains blanks?
A. No. If blanks remain in a document after notarization takes place, the possibility exists that the document can be altered. A notary should do everything possible to ensure the integrity of the document being notarized. Therefore, if you are presented a document that contains blanks, please indicate these to the signer. The signer must fill in the blanks with information or if the blank does not apply, the signer should write in "N/A" or "not applicable." The notarization cannot proceed until all blanks are filled in.
Q. May I notarize documents outside the State of Delaware ?
A. No. You may only perform notarizations within the boundaries of the State of Delaware .
Q. Must I sign my name exactly as it appears on my commission?
A. Yes.
Q. How much can I charge for notarization?
A. $5.00 is the maximum a notary may charge per notarization. A notary may choose to waive the fee . Title 29, §4312 of the Delaware Code also provides special fee provisions for certain services to members of the armed forces and to veterans.
Q. I have been presented a document without any notarial wording. Should I decide what type of notarial certificate belongs on the document?
A. No. Unless you are an attorney, you cannot give legal advice. The signer will need to provide that information. The signer may need to check with an attorney, or the issuing or receiving agencies of the document to see what is required.
Q. Must a notary determine the competence of the person signing the document?
A. Although this is not specifically addressed in the law, many experts recommend that the notary make a limited inquiry into the person's ability to understand the contents of the document that the person is signing. The notary can make a quick assessment by asking the person if he or she understands the document. As a best practice, a notary should refuse to notarize the signature of a person who appears unable to understand the document or who appears to be under the influence of drugs or alcohol.
Q. Can I notarize a document for a relative?
A. This is not addressed in Delaware law; however, since a notary public by definition is an impartial witness the best practice would be not to notarize the signature of a relative. In addition, if the document to be notarized contains any financial gain or beneficial interest to the notary, the notary should decline to notarize since he or she would not be an impartial witness.
Q. I have been presented with a document that I do not feel comfortable notarizing. Can I refuse to perform the notarization?
A. Yes.
Q. Can I notarize a copy of a birth certificate?
A. No. Pursuant to Title 29 §4322(d) of the Delaware Code, "Notaries public . shall not attest to copies of official or public records, only of documents that cannot be certified by a public official."
Q. Can I notarize a document in a foreign language?
A. Delaware law does not prohibit notarizing documents in a foreign language. As long as the notary can determine if the document contains any blank spaces, the notarization can occur as usual.
Q. What is required in the certificate for a notarial act?
A. The requirements are specified in Title 29 §4327 and §4328 of the Delaware Code.
Q. How do I obtain an apostille or authentication for use in a foreign country?
A. Apostilles and authentications are handled by the Delaware Division of Corporations. For more information please visit their website at www.corp.delaware.gov or call 302-739-3073.
