Delaware Notary Bond— The Answer Is No. Here's What You Actually Need.
Delaware is one of roughly twenty states that never adopted a notary bonding requirement. Search 29 Del. C. Chapter 43 and you will not find a bond amount because there isn't one — for traditional notaries, limited governmental notaries, electronic notaries, or remote online notaries (RON). What Delaware does ask for is a fast, cheap commission and, if you want to notarize electronically, a separate one-time notification to the Secretary of State.
- Who requires it: Delaware Code, Title 29 (29 Del. C. Chapter 43).
- Amount: No surety bond is required. Errors and omissions (E&O) insurance is optional.
- Timing: Same-day submission; most quotes within one business day.
Who Qualifies, and How the Application Actually Moves
Under 29 Del. C. §4301, a Delaware notary applicant must be at least 18 years old, a U.S. citizen or permanent legal resident, able to read and write English, and either a Delaware resident or a nonresident who maintains a place of employment or practice in the state. Applicants disqualified under §4334's grounds for denial cannot be commissioned.
What the Statute Requires
- 18 years or older
- U.S. citizen or permanent legal resident
- Delaware resident, or nonresident with a Delaware workplace or practice
- Able to read and write English
- No disqualifying history under §4334
A statutory nuance worth knowing: §4301 explicitly states a notary commission "does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees." It's a private capacity, not a public office — one reason the state doesn't treat it like a licensed profession requiring a bond.
How the Commission Is Issued
- Submit the application online through the Secretary of State's notary portal.
- The Secretary of State's office reviews eligibility and processes the filing fee.
- The commission itself is executed jointly by the Governor and the Secretary of State, per §4313 — Delaware is one of a small number of states where the head of the executive branch signs alongside the Secretary of State rather than the Secretary of State acting alone.
- You take the oath of office.
- Your seal or stamp must meet §4330's content requirements before you notarize anything.
Justices of the peace, certain court reporters, and the Secretary of Finance are commissioned under separate provisions (§§4303–4305) and are not part of the general application track above.
First Commission Is Always 2 Years — After That, You Choose
29 Del. C. §4307 sets the term and fee structure. Every new commission runs 2 years — there is no 4-year option for first-timers. At renewal, you pick the term length yourself.
Delaware Notary Commission Fees by Term
Per §4307 — new applicants may only select the 2-year term
New Commission
$60
2-year term (only option)
Renewal — 2 Year
$60
Same fee as a new commission
Renewal — 4 Year
$90
Fewer renewal cycles over time
Limited Govt. / Service Org.
$0
Per §4306 — state agency & qualified police employees
Source: Delaware Secretary of State, Notary Public Fee Information; 29 Del. C. §4307, §4306
Resigning a Commission
§4307 requires a resigning notary to "immediately mail or deliver the official commission to the Secretary of State," who cancels it. There's no separate resignation fee — but the commission stays technically active on the public database until you do this.
Good Standing Certificate
A separate $30 request to the Secretary of State, often needed for apostilles or when a notarized document travels outside Delaware. Not part of the commission fee.
Also true, and rarely mentioned: §4307 makes a false statement on a notary application perjury — not a civil infraction. Fill out the online form carefully.
§4310 Was Repealed — Here's What Replaced It
Older notary guides (and some websites still today) cite 29 Del. C. §4310 for Delaware's seal and electronic-signature rules. That section was repealed effective August 1, 2023 by 83 Del. Laws, c. 425, §7, when Delaware adopted the Revised Uniform Law on Notarial Acts (RULONA) as Subchapter II of Chapter 43. Its job now belongs to three separate, more specific sections:
§4330 — Official Stamp
Your seal must show your name as commissioned, "State of Delaware," "My Commission expires on" plus the date, and must be capable of being copied together with the record — paper or electronic.
§4333 — Going Electronic
Before your first electronic-record notarial act, notify the Secretary of State and identify the tamper-evident technology you'll use. No one can force you onto a technology the Secretary hasn't approved.
§4320 — Remote Online Notarization
Live audio-visual technology, identity verification (personal knowledge, credible witness, or 2+ ID-proofing methods), and an audio-visual recording of every session retained at least 10 years.
What RON specifically adds on top of standard electronic notarization
- Simultaneous sight-and-sound communication technology, with accommodations for signers who are vision-, hearing-, or speech-impaired
- Identity verification through personal knowledge, a credible witness under oath, or at least two different types of identity proofing
- An audio-visual recording of the entire notarial act, retained for a minimum of 10 years
- For signers physically outside the U.S.: the document must relate to a matter before a U.S. court, federal agency, or U.S. property/business — RON can't be used for purely foreign matters
No Bond, No E&O Mandate — So Why Buy Coverage?
We checked every section of Chapter 43, Subchapters I and II. None of them require errors & omissions insurance for any Delaware notary category. But the state not requiring it and your counterparty not requiring it are two different things.
Delaware's Notary Work Skews Corporate
66.7% of Fortune 500 companies are incorporated in Delaware (Delaware Division of Corporations, 2024 Annual Report). A meaningful share of the state's notary transactions are registered-agent filings, corporate resolutions, and formation documents rather than one-off personal acknowledgments — higher volume, and higher dollar consequence if a notarization is later challenged.
Private Parties Fill the Gap the State Left Open
Title companies, mortgage lenders, and RON platform vendors routinely require proof of E&O before they'll assign a notary to closings or loan-signing work — regardless of what the Delaware Code requires. If you plan to do any signing-agent or corporate-closing work, expect this question before the state ever asks it.
What Delaware Requires vs. What the Market Requires
| Requirement | State (29 Del. C. Ch. 43) | Title Companies / Lenders |
|---|---|---|
| Surety bond | Not required — any category | Not applicable (no bond exists to require) |
| E&O insurance | Not required | Often required, typically $25,000 minimum |
| Commission fee | $60 (new, 2-yr) / $60–$90 (renewal) | N/A |
| Electronic notary registration | One-time SOS notification (§4333) | Often a prerequisite for e-closing panels |
| RON authorization | Communication tech + ID verification + recording (§4320) | Usually required for remote closings |
Sources: 29 Del. C. §4306, §4307, §4320, §4333; market requirements are lender/title-company underwriting practice, not statute.
Delaware Notary E&O — Typical 4-Year Term Pricing
Coverage is optional under Delaware law; pricing reflects national notary E&O market rates
$10,000
$20–$34
Minimum most vendors will sell
$25,000
$51–$98
Common lender/title-company minimum
$50,000
$100–$160
For higher-volume signing agents
$100,000
$204–$240
Corporate & high-value closing work
Pricing reflects national notary E&O insurance market rates, cross-checked August 2026 — not a Delaware-specific state filing.
Skip the Bond — Get E&O Priced Instead
Many notary bonds don’t require a credit check. Coverage available before your commission is even issued.
Price My Delaware E&OOfficial Delaware Requirements
"A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees."Delaware Code Online, Title 29 • 29 Del. C. §4301
For a full state-by-state breakdown, see notary bond requirements by state and where to get a surety bond for notary work. Compare bonded vs. non-bonded states directly in Notary Bond vs. E&O Insurance.
Delaware Notary Bond — Frequently Asked Questions
Does Delaware require a surety bond to become a notary?
No. Delaware has never required a surety bond for any category of notary public — traditional, limited governmental, electronic, or remote online notary (RON). Chapter 43 of Title 29 of the Delaware Code contains no bonding requirement anywhere in Subchapter I (Office and Duties) or Subchapter II (Revised Uniform Law on Notarial Acts). If a course provider or vendor tells you otherwise, they are describing a different state.
Why did my research turn up 29 Del. C. §4310 as a notary bond statute?
Section 4310 used to cover notary seals and electronic signatures, but the Delaware General Assembly repealed it effective August 1, 2023 (83 Del. Laws, c. 425, §7) when the state adopted the Revised Uniform Law on Notarial Acts (RULONA). Its content is now split across three current sections: §4330 (official stamp requirements), §4333 (electronic-record technology notification), and §4320 (remote online notarization). Any page still citing §4310 as live law is working from pre-2023 information.
How much does a new Delaware notary commission cost?
A first-time commission is a 2-year term with a $60 non-refundable application fee, per 29 Del. C. §4307. Renewals let you choose a 2-year term ($60) or a 4-year term ($90). Limited governmental notaries and notaries for qualified service organizations pay nothing, under §4306. A Certificate of Good Standing (useful for apostilles and interstate matters) is a separate $30 request.
Do I need to do anything extra to notarize electronically or remotely in Delaware?
Yes. Standard commissioning does not automatically authorize electronic or remote acts. Before your first notarization on an electronic record, §4333 requires you to notify the Secretary of State and identify the tamper-evident technology you plan to use. For remote online notarizations specifically, §4320 layers on additional requirements: real-time audio-visual communication technology, identity verification through personal knowledge, credible-witness attestation, or at least two forms of identity proofing, and an audio-visual recording retained for a minimum of 10 years.
If Delaware does not require E&O insurance either, why buy it?
Because the state's silence on E&O does not bind the private parties you work for. Delaware notarizes an outsized share of corporate paperwork — 66.7% of Fortune 500 companies are incorporated in Delaware (Delaware Division of Corporations, 2024 Annual Report) — and registered-agent firms, title companies, and lending platforms that route work through Delaware notaries frequently require proof of E&O before they will assign closings or corporate signings. The bond protects the public against your errors up to a set amount; E&O protects your own assets from a malpractice claim. Delaware requires neither, but the private market often requires the second one.
Who actually commissions Delaware notaries — the Secretary of State or the Governor?
Both. Under 29 Del. C. §4313, the commission itself must be executed by the Governor and the Secretary of State jointly — it is not a Governor-only signature. The Secretary of State's office separately administers the application intake, maintains the public database of notaries, and processes renewals, resignations, and electronic-notary notifications. Applications are submitted online through the Secretary of State's notary portal, not by mail to the Governor's office; the state's own notary FAQ describes notaries as "commissioned by the Governor," but the statute's execution requirement names both offices.
Delaware businesses may also need a contractor license bond or auto dealer bond — both of which Delaware does require. Learn what a surety bond is, browse the surety bond glossary, or compare bond vs. insurance and bond vs. cash deposit.
Official Delaware Sources
Delaware Notary Public Portal
Official SOS notary division — apply, renew, search
29 Del. C. Ch. 43, Subch. I
Office and duties — §4301, §4307, §4313
29 Del. C. Ch. 43, Subch. II
RULONA — §4320, §4330, §4333
Delaware Notary Fee Information
Current commission and certificate fees
Delaware Division of Corporations — 2024 Annual Report
Source for the 66.7% Fortune 500 figure
Notary Application Portal
Where the online application is actually filed
Estimate Your Delaware Notary Bond Premium
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Other Delaware Bonds
Additional surety bonds available in Delaware
All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-listed surety carriers.
Delaware Doesn't Require a Bond — We'll Still Get You Covered
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