Michigan Compiled Laws Act 238 Of 2003 Michigan Notary Public Act (55.261 - 55.315)

AN ACT to provide for the qualification, appointment, and regulation of notaries; to provide for the levy, assessment, and collection of certain service charges and fees and to provide for their disposition; to create certain funds for certain purposes; to provide for liability for certain persons; to provide for the admissibility of certain evidence; to prescribe powers and duties of certain state agencies and local officers; to provide for remedies and penalties; and to repeal acts and parts of acts.

History: 2003, Act 238, Eff. Apr. 1, 2004

Section 55.261 Short Title.
This act shall be known and may be cited as the “Michigan notary public act”. History: 2003, Act 238, Eff. Apr. 1, 2004
Section 55.263 Definitions; A To I.
As used in this act: (a) “Acknowledgment” means the confirmation by a person in the presence of a notary public that he or she...
Section 55.265 Definitions; J To R.
As used in this act: (a) "Jurat" means a certification by a notary public that a signer, whose identity is personally known to the...
Section 55.267 Definitions; S To V.
As used in this act: (a) “Secretary” means the secretary of state acting directly or through his or her duly authorized deputies, assistants, and...
Section 55.269 Notary Public; Appointment.
(1) The secretary may appoint as a notary public a person who complies with the requirements of this act. (2) A notary public may...
Section 55.271 Notary Public; Qualifications.
(1) The secretary may appoint as a notary public a person who applies to the secretary and meets all of the following qualifications: (a)...
Section 55.273 Filing; Oath; Bond; Fee.
(1) Within 90 days before filing an application for a notary public appointment, a person shall file with the county clerk of his or...
Section 55.275 Application; Format; Fee; Use Of L. E. I. N. Provided In C. J. I. S. Policy Council Act; Certificate Of Appointment.
(1) A person shall apply to the secretary for appointment as a notary public in a format as prescribed by the secretary. An application...
Section 55.277 Notary Education And Training Fund.
(1) The notary education and training fund is created within the state treasury. Money from fees collected under sections 13(3), 15(2), and 21(4) shall...
Section 55.279 Reappointment; Licensed Attorney As Notary Public; Cause For Cancellation Of Appointment.
(1) The secretary shall not automatically reappoint a notary public. (2) A person desiring another notary public appointment may apply to the secretary, in...
Section 55.281 Corrected Notary Public Commission.
(1) A notary public shall immediately apply to the secretary, in a format prescribed by the secretary, for a corrected notary public commission upon...
Section 55.283 Obtaining And Reading State Statutes.
Before a notary public performs any notarial act, the notary public shall obtain and read a copy of all the current statutes of this...
Section 55.285 Performance Of Notarial Acts; Scope; Verification.
(1) A notary public may perform notarial acts that include, but are not limited to, the following: (a) Taking acknowledgments. (b) Administering oaths and...
Section 55.287 Signature Of Notary Public; Statements; Stamp, Seal, Or Electronic Process; Effect Of Illegible Statement.
(1) A notary public shall place his or her signature on every record upon which he or she performs a notarial act. The notary...
Section 55.289 Repealed. 2006, Act 155, Imd. Eff. May 26, 2006.
Compiler's Notes: The repealed section pertained to use of notary form.
Section 55.291 Notary Public; Prohibited Conduct.
(1) A notary public shall not certify or notarize that a record is either of the following: (a) An original. (b) A true copy...
Section 55.293 Person With Physical Limitations; Signature By Notary Public.
A notary public may sign the name of a person whose physical characteristics limit his or her capacity to sign or make a mark...
Section 55.295 Request By Secretary Of State; Failure To Respond.
(1) Upon receiving a written or electronic request from the secretary, a notary public shall do all of the following as applicable: (a) Furnish...
Section 55.297 Misconduct; Civil Liability; Conditions.
(1) For the official misconduct of a notary public, the notary public and the sureties on the notary public's surety bond are liable in...
Section 55.299 Violations Of Notary Public Laws.
The secretary may investigate, or cause to be investigated by local authorities, the administration of notary public laws and shall report violations of the...
Section 55.300 Investigation By Secretary Of State; Complaint.
(1) The secretary may, on his or her own initiative or in response to a complaint, make a reasonable and necessary investigation within or...
Section 55.300a Penalties; Evidence; Notice And Hearing; Revocation Of Commission; Fine.
(1) An applicant for an appointment or a commissioned notary public who has engaged in conduct prohibited by this act, a rule promulgated under...
Section 55.301 Automatic Revocation; Violation As Felony; Notification Of Conviction.
(1) If an individual commissioned as a notary public in this state is convicted of a felony or of a substantially corresponding violation of...
Section 55.303 Reapplication After Revocation; Unpaid Fine.
(1) Cancellation of a commission is without prejudice to reapplication at any time. Except as otherwise provided for in section 41(3), a person whose...
Section 55.305 Injunction Or Restraining Order.
(1) Whenever it appears to the secretary that a person has engaged or is about to engage in an act or practice that constitutes...
Section 55.307 Presumption.
(1) Subject to subsection (2) and in the courts of this state, the certificate of a notary public of official acts performed in the...
Section 55.309 Violation As Misdemeanor Or Felony; Jurisdiction; Penalties And Remedies As Cumulative.
(1) Except as otherwise provided for in section 41(4) or as provided by law, a person who violates this act is guilty of 1...
Section 55.311 Notary Fees Fund.
(1) The notary fees fund is created in the state treasury. Except as otherwise provided in sections 15(2) and 21(4), an application processing fee,...
Section 55.313 Maintenance Of Records.
A person, or the personal representative of a person who is deceased, who both performed a notarial act and created a record of the...
Section 55.315 Rules.
The secretary may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act....

Last modified: October 10, 2016