No. You may order your stamp or seal from any office supply store, stamp supplier, or notary organization.

There are different types of Notaries Public with different requirements. Please click the “How to Apply for a Notary Commission” link on the home page or in the top “Services” menu for more information.

An email address is required because all communications and correspondence, including the commission certificate and renewal notices will be sent electronically by email.

You can create a free email account at www.hotmail.com, www.yahoo.com or www.google.com. (Note: These companies are not affiliated with the State of Delaware.)

The notary profile has been designed into the new system to allow the notary to track application status, manage information and renew commissions. For example, if a notary moves or changes employers, the notary will be able to log into the profile and make the change. In addition, notaries will be able to easily renew commissions by logging into their profiles. Instead of submitting an entirely new application, the current information will be displayed and the notary will simply review and update current information as needed, then submit and pay for the renewal online. Notaries and applicants will also be able to track the status of the applications.

The email address is one field you cannot update within the notary profile. You will need to contact the Notary Public Section at 302-739-3073 Option 6, or by email at notary@delaware.gov to update your email address. For security purposes, you will be asked to provide the following identifying information: name as it appears on your commission, and notary profile user id. Note: We will not request your profile password.

Yes. Title 29 §4301(b) states that nonresidents may be appointed “…provided that such individuals maintain an office or regular place of employment in Delaware.”  If applying to be a Delaware Notary with a non-Delaware address, the Secretary of State may require proof of employment at any time.  Use of a post office box, virtual office space, or a registered agent as the employer address does NOT qualify.

Electronic checks (ACH) from personal or business checking accounts, and Visa, MasterCard, Discover and American Express credit cards are accepted for payment. You will be required to make payment during the online application process. Additionally, organizations which anticipate a high volume of notary applications or renewals may establish a pre-funded depository account for the payment of application fees. For information on establishing a depository account, please send an inquiry to notary@delaware.gov.

No. Application fees are non-refundable pursuant to Title 29 §4307(a).  Please ensure you meet all requirements prior to applying for a notary commission.  If you are unsure, please contact the Notary Department at notary@delaware.gov.

No.

No. Training is currently not required to become a notary. Delaware Laws and Notary FAQs can be found on notary.delaware.gov. The Delaware Notary Handbook is available directly from the American Society of Notaries.

You must sign and take the Oath of Office before a notary public and return a copy to the Notary Public Section. Please follow the instructions in the email which contained your commission certificate.

You must first log into your notary profile to change your name.  The Notary Public Section will receive notification of the change and will email a name change certificate so that you may obtain a new stamp. There is no charge for this service other than the cost for the new stamp.  You will have up to 6 weeks to obtain a new notary stamp.  Until you receive your new stamp, you may choose to sign both names (e.g. Jane A. Doe now known as Jane A. Smith).  The Notary Department may require proof of name change at any time.

Since commission certificates are sent electronically by email, it is recommended you print the commission certificate but also save the electronic file in case you misplace the hard copy. If you did not save the file, you may send an email to notary@delaware.gov to request a replacement. An email with the commission certificate will be sent at no charge.

You can log into your notary profile and update the information. If there is a problem with the information you submit, the Notary Public Section will contact you.  The Notary Department may require proof of address at any time.

You will log into your profile and click the “Renew Commission” link. Your current information will be displayed. Please review and update the information as required, then submit and pay for the renewal.

Please check your notary seal. Delaware law requires the commission expiration date to be contained in the seal. You will receive an email notification, to the email you provided on your profile, approximately 30 days before your commission expires. Please ensure you have your current email on file by reviewing your notary profile.  If you need to update your email, please contact the Notary Department at notary@delaware.gov.

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. Note: If your commission falls under the Limited Governmental or Service Organization categories, you are required to turn your notary stamp into your agency/organization and contact the Notary Department at notary@delaware.gov to deactivate your commission.

No. As stated above, the commission belongs to the Notary Public. Note: If your commission falls under the Limited Governmental or Service Organization categories, you are required to turn your notary stamp into your agency/organization and contact the Notary Department at notary@delaware.gov to deactivate your commission.

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. Note: If your commission falls under the Limited Governmental or Service Organization categories you are prohibited from performing notarial acts outside of your agency/organization.

Explain to your boss that Delaware law requires that the signer appear before you personally before you can notarize the document.  You have the right to refuse service at any time.  Failure to follow this procedure could result in liability for you and your employer as well as the revocation of your commission.

Effective August 1, 2023, All Notaries commissioned are required to maintain a journal. The journal can be in an electronic or paper format, and only one format can be chosen. If the notary chooses to not renew their commission, they must retain the journal for a period of 10 years or transmit the journal to the Delaware Notary Administrator.

Your notary journal is the official record of the notarial transaction. The information required to be entered into the journal is the same for both paper and electronic journals – only the method of recording is different. Journal requirements can be found here.

For Paper Notaries: 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”. For Limited Governmental Notaries, the expiration date statement is replaced with “My Commission expires upon office.”

For Electronic/Remote Notaries: It must be an electronic seal and signature that conform to generally accepted standards for secure electronic notarization and must contain the words “My Commission expires on” and the commission expiration date, and the words “Notary Public” and “State of Delaware”.

For Paper/Electronic Notarization: Yes. The personal appearance of the notary and the signer in the State of Delaware are required by law.

For Remote Notarization: No, however the notary performing the notarial act must be in Delaware.

Personal knowledge and satisfactory evidence of identity. Delaware law defines “satisfactory evidence of identity” as identification of an individual based on:

• Examination of 1 or more of the following documents bearing a photographic image of the individual’s face and signature: a United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state-issued driver’s license or a state-issued identification card or a United States military card; or
• The oath or affirmation of 1 credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual or of 2 credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in paragraph (a) above.

For remotely located individuals, notaries must obtain satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing.

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.

No. You may only perform notarizations within the boundaries of the State of Delaware.  For Remote Notarizations, although the signer appearing before the notary need not be in Delaware, the notary must physically be in Delaware.

Yes.

$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.

Travel and Other Fees

Notaries providing their services can incur additional expenses, such as the added cost of traveling to perform a notarization. Delaware law does not address fees a notary may charge for travel related to a notarial act, but the national norm is the maximum-per-mile rate established annually by the Internal Revenue Service for business use of a vehicle. (Visit https://www.irs.gov/tax-professionals/standard-mileage-rates.)

When you wish to charge a fee, give customers your fee list before performing the service or traveling to perform the service. Your fee list should itemize the exact fee for a notarial act, separately from any other fees. This can prevent a controversy or complaint from arising later. A correct, itemized statement of your fees should make clear that you are not charging more than is allowed by Delaware law for performing a notarial act.

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.

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.

A notary may not perform a notarial act with respect to a record to which the notary or the notary’s spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable. 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.

Yes.

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.”

Delaware law does not prohibit notarizing documents in a foreign language. Caution is recommended since a notary must be able to properly perform the notarial act and must be able to determine if they are permitted by law to notarize that type of document. Please note: Any document that is in a foreign language and will be submitted to the Delaware Secretary of State, Division of Corporations for an Apostille or authentication must have the English translation attached to it. The English version must also be notarized.

The requirements are specified in Title 29 §4328 and §4329 of the Delaware Code.

Effective August 1, 2023, an electronic database of notaries public was published on the State of Delaware’s Open Data portal and will be updated frequently.  This allows a person to verify the authority of a notary public to perform notarial acts and will allow them to verify if the notary is approved to perform report or electronic notarization.  You can access the Open Data portal here.

Apostilles and authentications are handled by the Delaware Division of Corporations. For more information please visit their website or call 302-739-3073.