Notary Permits & Licenses in Smyrna, DE

Required for all LLCs; annual report required separately (see below). Fees current as of 2024.

All Delaware LLCs must file regardless of activity level. Fees based on gross assets; most small LLCs pay $300 flat.

Required for anyone performing notary acts; LLC itself not commissioned—individual owners/officers must qualify. Prerequisites: DE resident or employee of DE business, 18+, read/write English, no felony convictions, pass exam (70% score), $10,000 bond. Training course required (online, ~$40, not state-provided). Renew every 2 years.

Must be filed with Prothonotary in applicant's county; renewed with commission.

Not required if using exact legal LLC name. Search availability first. No annual renewal.

Notaries providing only notary services often below threshold and exempt; confirm via Revenue if combining with other business activities. Applied for via myDR portal.

All LLCs formed or registered in Delaware must pay an annual franchise tax regardless of business activity or income. This is not based on gross receipts. The $300 fee applies specifically to LLCs (not corporations). Source updated for 2024 rates.

Required for any business that pays wages to employees in Delaware. Registration is done via Form WR-30. Applies to all employer types, including LLCs. Must file Form WH-6 (quarterly) and WH-11 (annual reconciliation).

All employers with one or more employees must register. Rate varies by industry and experience rating. New employer rate is 3.4% as of 2024. Registration via Form UI-1.

Delaware requires employers to withhold state income tax from employee wages. This is not a business income tax but a payroll withholding obligation. Applies to all employers paying wages for services performed in Delaware.

Notaries in Delaware typically do not charge sales tax on notarial services, as notary services are generally not subject to sales tax. However, if the business sells tangible personal property (e.g., document copies, shipping services), registration may be required. No general sales tax in Delaware, but gross receipts tax applies to certain businesses (see below). This registration applies only if taxable sales occur.

Delaware imposes a gross receipts tax instead of a general sales tax. Notary services are generally not subject to gross receipts tax under the "personal services" classification. However, if the LLC engages in other activities (e.g., document preparation, real estate services), those may be taxable. Most notaries do not owe gross receipts tax unless offering ancillary services. Filing frequency depends on tax liability thresholds.

Delaware does not have local (county or municipal) business taxes or privilege taxes. All business tax obligations are administered at the state level. No city or county business license fees exist for general business operations. This differs from other states.

Required for LLCs with employees or that file business tax returns. Even single-member LLCs may need an EIN for banking or tax purposes. Not a state requirement but necessary for federal tax compliance. Apply via IRS Form SS-4 or online.

Applies to sole proprietors and single-member LLC owners. Notary income is subject to self-employment tax unless the LLC is taxed as a corporation. Must file Schedule SE with Form 1040. Estimated taxes required if tax liability exceeds $1,000.

While not a tax, this is a foundational requirement for operating as a Notary in Delaware. The LLC itself does not get commissioned; the individual owner must apply. However, the business may operate under the owner's commission. No separate state business license is required for notaries beyond the commission.

Required for all businesses; notary services classified under professional services. See fee schedule at linked page.

All businesses must obtain; notary is not exempt. Application via City Clerk.

General business license required; home-based notaries may need additional review.

Required for all commercial activity; zoning approval often prerequisite.

Allowed if no client visits, no signage, limited traffic (Code Sec. 40.06.110). Notary typically qualifies as low-impact.

Prohibits public client access; online/mobile notaries often approved.

Strict size/type limits (Zoning Code Article 40). Home businesses generally prohibited.

Municipal Code Sec. 41-92; applies to commercial zones only.

Required for commercial occupancy > certain size threshold.

Mandatory for all alarmed properties.

Issued after zoning and building approval.

A $75,000 surety bond is required for all notaries public in Delaware to protect against errors, omissions, or misconduct in the performance of notarial duties. The bond is filed with the Delaware Secretary of State and remains in effect for the 3-year term of the commission. Source: Delaware Notary Handbook and Del. Code Ann. Tit. 29 § 4705.

After being commissioned, the notary must file the Oath of Office with the Department of State. This is required for both initial appointments and renewals. Failure to file within 30 days invalidates the commission.

EIN is a one-time requirement. Not subject to renewal. However, if the business changes structure (e.g., from sole proprietorship to LLC), a new EIN may be needed. Not specific to notaries.

Required only if the business hires employees. Registration is one-time but ongoing tax filings (quarterly and annual) are required. Not specific to notary services.

Notary services are generally not subject to sales tax in Delaware. However, if the business sells tangible goods (e.g., notary supplies), registration may be required. Sales tax license does not expire but must be renewed if business structure changes.

Delaware does not require continuing education for notaries public. This is a key distinction from some other states. No training or refresher courses are mandated for renewal.

The notary must display their current commission certificate in a visible location when conducting notarial acts. This applies regardless of business structure. Required for all commissioned notaries.

Delaware notaries are required to maintain a journal (log) of all notarial acts. The journal must be kept for at least five years after the last entry. This is a mandatory record-keeping requirement for all notaries.

Notaries operating as sole proprietors or single-member LLCs must pay self-employment tax. Estimated taxes are due quarterly. The LLC structure does not change this obligation for the individual owner.

All Delaware LLCs must pay an annual franchise tax of $300. This is separate from the annual report but filed simultaneously. Failure to pay results in loss of good standing.

Single-member LLCs are disregarded entities; income is reported on owner’s personal tax return (Form 1040 with Schedule C). Due annually. Not specific to notaries.

Most LLCs in Delaware are not subject to corporate income tax unless taxed as a corporation. Typically, income passes through to owner. However, if the LLC elects corporate taxation, Form 110 must be filed annually.

Employers must display labor law posters (e.g., Minimum Wage, OSHA, EEO) in a conspicuous place. Not required for sole proprietors without employees. Not specific to notary services.

Not required for typical notary businesses unless they operate from a commercial space subject to health or fire codes (e.g., shared office space with public access). Most home-based notaries are exempt.

Delaware notaries must use a seal or stamp on all notarial acts. The seal must include the notary’s name, title, commission number, and expiration date. Required for all notaries regardless of business structure.

Delaware law mandates workers' compensation coverage for all employers with one or more employees under Del. Code Ann. Tit. 19 § 2301. Notaries operating as an LLC must carry coverage once they hire staff. Independent contractors are not counted as employees.

General liability insurance is not statutorily required for notaries in Delaware. However, it is commonly required by commercial landlords and clients when providing services on-site. Coverage protects against third-party bodily injury or property damage claims.

While Delaware does not mandate E&O insurance for notaries, it is strongly recommended due to the risk of claims arising from improper notarization. The required $75,000 surety bond does not protect the notary personally—it protects the public. E&O insurance covers legal defense and settlements.

Delaware law requires all motor vehicles registered to a business to carry minimum liability coverage of $25,000 for bodily injury per person, $50,000 per accident, and $10,000 for property damage (25/50/10). Applies to any vehicle used in connection with notary services if owned by the LLC.

Not required by Delaware law. However, if the LLC sells tangible goods such as notary stamps or record books, product liability exposure exists. Coverage is not mandated but may be prudent. No state-level mandate exists for small service-based businesses.

Not applicable to standard notary services. Only relevant if the LLC operates in a venue where alcohol is served and a liquor license is held. Standard notary businesses do not require this coverage.

Notaries structured as single-member LLCs with no employees may not need an EIN and can use their Social Security Number. However, obtaining an EIN is recommended for privacy and banking purposes. Requirement is triggered by specific tax filing obligations.

A single-member LLC notary is generally treated as a disregarded entity and reports income on Schedule C of Form 1040. Multi-member LLCs are treated as partnerships and must file Form 1065. Corporate tax treatment requires Form 1120. Self-employment tax applies via Schedule SE.

Notaries with employees must comply with OSHA’s General Duty Clause and maintain a safe workplace. Employers must display the OSHA Job Safety and Health poster (available free online). Most small businesses are exempt from routine inspections unless in high-risk industries, but compliance is still mandatory.

A mobile or home-based notary may have limited obligations, but if clients visit a physical office or the notary travels to assist disabled individuals, accessibility standards apply. Digital accessibility (e.g., website, online scheduling) may be required under Title III. DOJ guidance emphasizes reasonable modifications and communication access.

Notary services do not involve hazardous materials, waste disposal, or regulated emissions. Therefore, no EPA-specific requirements apply to a standard notary business in Delaware. This excludes businesses handling document destruction with chemical processes or large-scale paper recycling operations.

All businesses, including notaries, must ensure advertising is truthful and not misleading. This includes online claims about notary services, fees, availability, or credentials. Misrepresenting authorization to perform notarial acts (e.g., implying federal commissioning) violates FTC rules. Applies even if no employees exist.

Includes compliance with Fair Labor Standards Act (FLSA) minimum wage, overtime, and recordkeeping. Family and Medical Leave Act (FMLA) applies only if 50+ employees within 75 miles. I-9 verification required for all employees using Form I-9 and acceptable identification documents. Not applicable to sole proprietors or single-member LLCs with no staff.

Notary services do not require federal licenses from FDA, ATF, FCC, DOT, or similar agencies. Notaries are commissioned at the state level (Delaware Department of State). No federal industry-specific licensing applies to standard notarial acts such as document witnessing or oath administration.

Under the Corporate Transparency Act (CTA), most LLCs must report beneficial ownership information to FinCEN. This includes identifying individuals who own or control the company. Applies to Delaware LLCs regardless of whether they conduct notarial services. Exemptions are narrow (e.g., large operating companies, certain financial institutions). Notaries structured as LLCs are generally required to file.

Applies to all LLCs registered in Delaware. Must be filed each year by June 1 to maintain active status. This is a requirement for the LLC entity, not the notary commission.

All notaries in Delaware must renew their commission every four years. The renewal application must be submitted before expiration. This applies to individuals, including those operating under an LLC. The LLC itself does not get a notary commission—individuals do.

A $10,000 surety bond must be purchased from a licensed surety company and filed with the Delaware Department of State. Required for both initial and renewal applications. Not filed annually but required every four years with commission renewal.