Delaware Notary study materials
Delaware Notary study resources

Delaware Notary cheat sheet

Delaware Notary · Keep the key ideas within reach.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.

Quick reference

Notary Public Responsibilities and Duties

  • A Delaware notary is a public officer commissioned by the Governor through the Secretary of State; the commission authorizes the notary to perform notarial acts statewide, not only in the county of residence.

  • The notary's core duty is to identify the signer, confirm willingness and awareness, and administer the required oath or affirmation or take the acknowledgment before applying a signature and seal.

  • A notary may not act in any matter in which the notary has a direct or beneficial interest, including transactions where the notary is a party, grantee, grantor, or named beneficiary.

  • The notary must keep the official stamp or seal under the notary's sole custody and control; lending the seal or allowing another person to use it is misconduct even if no document is altered.

  • A notary may not notarize the signature of the notary's own spouse, child, parent, or sibling where the notarial act would create a direct financial or beneficial interest for the notary or the relative.

  • The notary must respond truthfully to requests from the Secretary of State and must produce records or journals on lawful demand; refusal can result in suspension or revocation.

  • A notary who changes name or address must notify the Secretary of State within the period set by statute and update the commission record; failure to do so does not void past acts but is a compliance violation.

  • A notary is not required to notarize every document presented; the notary may decline when identity is uncertain, the signer appears unwilling or incapacitated, or the document is incomplete or blank.

Quick reference

Notarial Acts and Procedures

  • Acknowledgment: the signer personally appears, is identified, and acknowledges having executed the document voluntarily; the notary certifies the acknowledgment, not the truth of the contents.

  • Jurat (verification on oath or affirmation): the signer personally appears, is identified, swears or affirms the contents are true, and the notary administers the oath before signing and sealing.

  • Oath or affirmation: the notary administers the oral pledge; an affirmation substitutes for an oath when the person objects to swearing on religious grounds, with the same legal effect.

  • Copy certification: the notary may certify that a copy is a true, exact, complete, and unaltered copy of the original if the notary personally compares them; the notary may not certify a copy of a public record or a document whose copy certification is prohibited by law.

  • Identification must be by personal knowledge or by satisfactory evidence such as a current government-issued photo ID; the notary records the type of ID and identifying number in the journal.

  • The notary must complete the certificate at the time of the act, sign it, and affix the official stamp or seal; a notarial certificate missing the seal is defective.

  • The journal entry is made contemporaneously and includes the date, the signer's name and address, the type of ID, the type of notarial act, and the document description.

  • If the signer cannot sign, the notary may notarize a signature made by another person only where the signer directs that person in the notary's presence and the certificate reflects the circumstances.

  • The notary must not notarize a document with blank spaces that could be filled after the act; the signer must fill blanks or the notary notes the blanks in the journal.

Quick reference

Prohibited Acts and Official Misconduct

  • Notarizing without the signer's personal appearance is prohibited; remote appearance does not satisfy the personal-appearance requirement unless expressly authorized by statute.

  • Supplying a notarial certificate for a document the notary has not actually witnessed and administered is a prohibited act, even if the signer later signs.

  • Falsifying a notarial certificate, journal entry, or seal impression is official misconduct subject to criminal penalties and permanent revocation.

  • Charging more than the statutory maximum fee per notarial act is prohibited; a notary may not condition performance on payment of an unauthorized fee.

  • Using the notarial office to advertise or promote goods or services in a manner that implies official endorsement is prohibited.

  • Notarizing a document the notary knows to be fraudulent, or notarizing with intent to deceive a third party, is a prohibited act.

  • The notary may not perform a notarial act on a document that the notary or the notary's employer will receive a direct benefit from, absent statutory exception.

  • Misrepresenting the scope of authority, such as claiming powers of an attorney or immigration consultant, is prohibited and can be prosecuted as unauthorized practice.

  • Failure to maintain the journal or seal, or destruction of records before the retention period expires, is misconduct subject to discipline.

Quick reference

Delaware Notarial Law and Application Process

  • Applicants must be at least 18 years old, a resident of Delaware or otherwise eligible under statute, and of good moral character.

  • The application is filed with the Secretary of State, accompanied by the required fee and, where applicable, a surety bond in the statutory amount.

  • The applicant must take and pass the required notary examination or complete the approved education requirement before the commission is issued.

  • The commission is issued by the Governor upon the Secretary of State's recommendation; the term is for the period fixed by statute and is renewable on reapplication.

  • The notary must obtain an official stamp or seal of the design prescribed by statute and file an impression with the Secretary of State if required.

  • A notary who resigns, moves out of state, or is removed must surrender the commission and seal and may be required to deliver the journal to the Secretary of State.

  • The Secretary of State may investigate complaints, subpoena records, and suspend or revoke a commission for cause after notice and an opportunity to be heard.

  • A commission may be denied or revoked for a disqualifying criminal conviction, prior notarial misconduct, or material misstatement on the application.