DE

Delaware Notary Requirements

Complete compliance guide for notaries in Delaware. Commission terms, fee schedules, authorized services, and regulatory requirements.

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Quick Facts

Commission Term

4 years

Bond

Not required

Application Fee

$60 (2-year) or $90 (4-year)

Issuing Authority

Delaware Secretary of State - Notary Public Section

Journal

Required

Fee Caps

Yes

What makes Delaware distinctive

  • Delaware does not permit remote online notarization (RON), unlike the majority of states that have authorized it.
  • Delaware does not require a notary bond, unlike the 28 states that do.
  • Delaware requires a notary journal for every official act — only 17 of 50 states do.

Authorized Services

Core Services

Free Tier
Acknowledgment
Authorized
Jurat
Authorized
Oath / Affirmation
Authorized
Affidavit
Authorized
Deposition
Authorized
Protest
Authorized
Copy Certification
Authorized
Bills in Chancery
Not authorized
Witnessing
Authorized
Safe Deposit Box
Not authorized

Advanced Services

Pro Tier
Remote Online Notarization
Authorized
Marriage Solemnization
Not authorized
eNotarization
Authorized
Electronic Copy Cert.
Authorized

Identity Verification Methods

  • Personal Knowledge
  • Government-Issued ID
  • Credible Witness

Remote Online Notarization (RON)

RON Not Available

Delaware does not currently authorize remote online notarization.

Key Considerations

  • RULONA state - Revised Uniform Law on Notarial Acts effective August 1, 2023 (Senate Bill 262)
  • Journal MANDATORY for all acts since August 1, 2023 (unique change from prior optional status)
  • RON permanently authorized August 1, 2023 - notary must be in Delaware, signer anywhere
  • Two-factor identity verification for RON: credential analysis + identity proofing (KBA or biometric)
  • No bond required (unique - E&O insurance strongly recommended)

Regulatory Authority

Delaware Secretary of State - Notary Division

Visit official website

Statutory Authority

Primary sources backing this guide. Refer to your state's current statutes for the authoritative text.

29 Del. C. § 4322

Primary Notary Statute

Statutory authority for acknowledgment, affidavit, copy certification, deposition, electronic copy certification, jurat, oath/affirmation, protest, and witnessing in Delaware.

29 Del. C. § 4323

Electronic Notarization Provisions

Statutory authority for acknowledgment, electronic notarization (IPEN), and jurat in Delaware.

13 Del. C. § 106

Marriage Solemnization

Statutory authority for marriage solemnization in Delaware.

29 Del. C. § 4335 (electronic notaries)

Remote Online Notarization (RON)

Statutory authority for electronic notarization (IPEN) in Delaware.

29 Del. C. § 4337

Electronic Copy Certification

Statutory authority for electronic copy certification in Delaware.

29 Del. C. § 4337 (RON)

Remote Online Notarization (RON)

Statutory authority for remote online notarization in Delaware.

6 Del. C. § 3-505 (UCC)

UCC — Notice of Dishonor (Protests)

Statutory authority for protest in Delaware.

Delaware Superior Court Civil Rules

Deposition Court Rules

Statutory authority for deposition in Delaware.

Senate Bill 262 effective August 1, 2023

Remote Online Notarization (RON) Provisions

Statutory authority for remote online notarization in Delaware.

Frequently Asked Questions

How long is a notary commission valid in Delaware?

A Delaware notary public commission is valid for 4 years from the date of issue. Renewal requires reapplying through the Delaware Secretary of State - Notary Division before the term expires.

How much does it cost to apply to be a notary in Delaware?

Delaware charges $60 (2-year) or $90 (4-year) as the application fee to the Delaware Secretary of State - Notary Division. Additional costs may include the surety bond, official seal or stamp, and required journal.

Does Delaware require a notary bond?

No. Delaware does not require a surety bond as part of the notary commission. Errors and omissions (E&O) insurance is optional and may still be advisable for protection against personal liability.

Is a notary journal required in Delaware?

Yes. Delaware requires a notary journal for every official act. The journal is a permanent record subject to inspection by the Delaware Secretary of State - Notary Division and must be retained for the period specified in state law.

Is a notary seal or stamp required in Delaware?

Yes. Delaware notaries must affix an official seal or stamp to every notarial act they perform. The seal must be obtained from an authorized vendor and meet the format requirements set by the Delaware Secretary of State - Notary Division.

Can Delaware notaries perform remote online notarizations?

No. Delaware does not currently authorize remote online notarization. In-person notarization remains the only recognized method, though state law in this area changes rapidly — verify with the Delaware Secretary of State - Notary Division before declining a remote request.

What identity verification methods can Delaware notaries use?

Delaware notaries may verify a signer's identity using the following methods: Personal Knowledge, Government-Issued ID, and Credible Witness. Each method has its own evidentiary weight — government-issued photo ID is the most common.

Does Delaware cap notary fees?

Yes. Delaware sets statutory maximum fees per notarial act. Charging more than the cap is a violation and may result in commission discipline. Contact state authority for fee information.

Who regulates notaries in Delaware?

Delaware notaries are commissioned and regulated by the Delaware Secretary of State - Notary Division. Application, renewal, and disciplinary processes are administered through their official website.

Does Delaware authorize in-person electronic notarization (eNotarization)?

Yes. Delaware authorizes in-person electronic notarization, where the signer is physically present but the document and signature are electronic. This is distinct from remote online notarization (RON), which uses live video for an out-of-state signer.

What notarial acts can Delaware notaries perform?

Delaware notaries are authorized to perform 11 of the 14 canonical notarial acts tracked in this guide, including Acknowledgment, Jurat, Oath / Affirmation, and Affidavit. See the Authorized Services section above for the full list.

Ready to Become a Notary in Delaware?

Start your application through the Delaware Secretary of State - Notary Division.

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