Delaware Notary Requirements and E&O Insurance

Is a notary bond required in Delaware?

No. Delaware does not require notaries public to post a surety bond. Delaware’s notary law (Title 29, Chapter 43 of the Delaware Code) follows a Revised Uniform Law on Notarial Acts framework under which a commission is issued to a qualified individual and authorizes the notary to perform notarial acts. The commission provides the notary no immunity or special benefit — the notary remains personally responsible for their own conduct.

Because there is no bond, Delaware does not attach a posted financial guarantee to the commission. Public protection comes from the eligibility standards (including a good-character requirement and disqualification for certain convictions) and from the state’s authority to deny, refuse to renew, revoke, suspend, or condition a commission.

Delaware’s program is administered by the Department of State’s notary office, and applications are handled through an online system. When you apply, you create a notary profile — an email address is required because the commission certificate and all correspondence are delivered electronically.

How to become a notary in Delaware

1. Confirm eligibility. You must be at least 18 years old, able to read and write English, and of good character and reputation. Applicants with a felony conviction (whose rights have not been restored) or a conviction involving dishonesty or moral turpitude are not eligible; any prior conviction requires a certified background check.
2. Establish a reasonable need for a notary commission and meet the citizenship/legal-residency requirement.
3. Create your notary profile online, then complete the application through the state’s notary system.
4. Pay the application fee. A new traditional notary commission is $60.
5. Receive your commission certificate by email once approved, and obtain your own notary stamp or seal (the state does not provide one).

Bond vs. E&O insurance in Delaware

Because Delaware requires no bond, the only financial-protection product a Delaware notary would weigh is errors and omissions (E&O) insurance, and it is optional. A bond protects the public and can be recovered from the notary; E&O insurance instead protects the notary, helping cover legal defense and losses from unintentional errors. Delaware does not require E&O insurance, so carrying it is a personal decision.

Renewing your Delaware commission

Delaware handles renewals online. A new traditional commission is issued for a two-year term, while renewals may be taken for a two-year term ($60) or a four-year term ($90). Existing notaries who have not previously created a notary profile must first set one up before renewing. Because there is no bond, renewal does not involve re-posting one — but confirm your profile information is current, since your address and employer details affect your commission.

Remote online notarization in Delaware

Delaware offers electronic and remote notarization in addition to traditional notary commissions, with its own application category and requirements. Because the different notary types carry different rules, review the state’s “How to Apply for a Notary Commission” resources for the current electronic/remote registration steps, technology, and recordkeeping requirements before performing those acts.

Non-resident notaries in Delaware

Delaware addresses applicants who are not Delaware residents. In addition to Delaware residents, the state provides for commissioning certain qualified non-resident applicants who meet the eligibility and Delaware-connection requirements set out in the application process. Review the state’s application requirements to confirm which category applies to you.