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7 chapters · 36 sections in this title.
Mich. Comp. Laws § 55.261 Short title.
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Sec. 1. This act shall be known and may be cited as the "Michigan law on notarial acts".
Mich. Comp. Laws § 55.263 Definitions; A to I.
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Sec. 3. As used in this act: (a) "Acknowledgment" means a declaration by an individual in the presence of a notary public that he or she has signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she signed the …
Mich. Comp. Laws § 55.265 Definitions; J to R.
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Sec. 5. As used in this act: (a) "Jurat" means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken …
Mich. Comp. Laws § 55.267 Definitions; S to V.
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Sec. 7. As used in this act: (a) "Secretary" means the secretary of state or his or her designee. (b) "Signature" means an individual's written or printed name, electronic signature, or mark, attached to or logically associated with a contract or other record and executed, adopte…
Mich. Comp. Laws § 55.269 Notary public; appointment; extension of expiration date for 2020 through 2021.
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Sec. 9. (1) The secretary may appoint as a notary public a person who complies with the requirements of this act. (2) Except as otherwise provided in subsection (4), a notary public may reside in, move to, and perform notarial acts anywhere in this state from the date of appointm…
Mich. Comp. Laws § 55.271 Notary public; qualifications.
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Sec. 11. (1) The secretary may appoint as a notary public an individual who applies to the secretary and meets all of the following qualifications: (a) Is at least 18 years of age. (b) Is a resident of this state or maintains a principal place of business in this state. (c) Reads…
Mich. Comp. Laws § 55.273 Filing; oath; bond; fee.
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Sec. 13. (1) Within 90 days before filing an application for a notary public appointment, a person shall file with the county clerk of his or her residence or expected appointment a proper surety bond and an oath taken as prescribed by the constitution. (2) The bond shall be in t…
Mich. Comp. Laws § 55.275 Application; format; fee; use of LEIN or ICHAT; certificate of appointment; electronic application and payment process.
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Sec. 15. (1) An individual shall apply to the secretary for appointment as a notary public in a format as prescribed by the secretary. Unless the application is submitted electronically under subsection (5), an application for appointment as a notary public must include the handw…
Mich. Comp. Laws § 55.277 Notary education and training fund.
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Sec. 17. (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 be deposited into the fund. (2) The state treasurer may receive money or other assets from any source for deposit into …
Mich. Comp. Laws § 55.279 Reappointment; licensed attorney as notary public; cause for cancellation of appointment.
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Sec. 19. (1) The secretary shall not automatically reappoint a notary public. (2) A person desiring another notary public appointment may apply to the secretary, in a format prescribed by the secretary, for an original appointment as a notary public. The application may be submit…
Mich. Comp. Laws § 55.281 Corrected notary public commission.
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Sec. 21. (1) A notary public shall immediately apply to the secretary, in a format prescribed by the secretary, for a corrected notary public commission upon the occurrence of any of the following circumstances: (a) A change in the notary public's name. (b) A change in the notary…
Mich. Comp. Laws § 55.283 Obtaining and reading state statutes.
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Sec. 23. Before a notary public performs any notarial act, the notary public shall obtain and read a copy of all the current statutes of this state that regulate notarial acts.
Mich. Comp. Laws § 55.285 Performance of notarial acts; scope; verification.
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Sec. 25. (1) A notary public may perform notarial acts that include, but are not limited to, the following: (a) Taking acknowledgments. (b) Administering oaths and affirmations. (c) Witnessing or attesting to a signature. (2) In taking an acknowledgment, the notary public shall d…
Mich. Comp. Laws § 55.285a Notarial acts performed in another state; in federally recognized Indian tribe; under federal law; in foreign country; applicability; definition of "foreign country".
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Sec. 25a. (1) All of the following apply with regard to a notarial act that is performed in another state: (a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in th…
Mich. Comp. Laws § 55.286 Electronic notarization systems; notification required.
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Sec. 26. (1) Except as otherwise provided in section 26c, a notary public may select 1 or more tamper-evident electronic notarization systems to perform notarial acts electronically. A person may not require a notary public to perform a notarial act electronically with an electro…
Mich. Comp. Laws § 55.286a Approval of electronic notarization systems; minimum requirements; certification by government-sponsored enterprise.
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Sec. 26a. (1) By March 30, 2019, the secretary and the department of technology, management, and budget shall review and approve at least 1 electronic notarization system for the performance of electronic notarizations in this state. The secretary and the department of technology…
Mich. Comp. Laws § 55.286b Remote electronic notarization platforms; requirements; approval; review standards; recording limitations; journal; requirements; custodian.
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Sec. 26b. (1) By March 30, 2019, the secretary and the department of technology, management, and budget shall review and may approve remote electronic notarization platforms for the performance of notarial acts in this state. Except as otherwise provided in section 26c, a notary …
Mich. Comp. Laws § 55.286c Use of 2-way real-time audiovisual technology; requirements; signing in counterparts; applicability of section; presumed compliance.
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Sec. 26c. (1) Notwithstanding any other provision of this act, a notary public may utilize a 2-way real-time audiovisual technology to perform notarial acts electronically if all of the following requirements are met: (a) The 2-way real-time audiovisual technology allows direct i…
Mich. Comp. Laws § 55.286d Use of electronic records and signatures; use of 2-way real-time audiovisual technology; applicability of section.
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Sec. 26d. (1) Beginning April 30, 2020, it is the intent of the legislature that, governmental agencies and officials of this state are encouraged to use or permit the use of electronic records and electronic signatures to transact business, process applications, and recognize th…
Mich. Comp. Laws § 55.287 Signature of notary public; statements; stamp, seal, or electronic process; effect of illegible statement.
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Sec. 27. (1) A notary public shall place his or her signature on every record upon which he or she performs a notarial act. The notary public shall sign his or her name exactly as his or her name appears on his or her application for commission as a notary public. (2) On each rec…
Mich. Comp. Laws § 55.291 Notary public; prohibited conduct.
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Sec. 31. (1) A notary public shall not certify or notarize that a record is either of the following: (a) An original. (b) A true copy of another record. (2) A notary public shall not do any of the following: (a) Perform a notarial act upon any record executed by himself or hersel…
Mich. Comp. Laws § 55.293 Person with physical limitations; signature by notary public.
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Sec. 33. A notary public may sign the name of a person whose physical characteristics limit his or her capacity to sign or make a mark on a record presented for notarization under all of the following conditions: (a) The notary public is orally, verbally, physically, or through e…
Mich. Comp. Laws § 55.295 Request by secretary of state; failure to respond.
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Sec. 35. (1) Upon receiving a written or electronic request from the secretary, a notary public shall do all of the following as applicable: (a) Furnish the secretary with a copy of the notary public's records that relate to the request. (b) Within 15 days after receiving the req…
Mich. Comp. Laws § 55.297 Misconduct; civil liability; conditions.
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Sec. 37. (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 a civil action for the damages sustained by the persons injured. The employer of a notary public is also liable if both of the followin…
Mich. Comp. Laws § 55.299 Violations of notary public laws.
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Sec. 39. The secretary may investigate, or cause to be investigated by local authorities, the administration of notary public laws and shall report violations of the notary public laws and rules to the attorney general or prosecuting attorney, or both, for prosecution.
Mich. Comp. Laws § 55.300 Investigation by secretary of state; complaint.
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Sec. 40. (1) The secretary may, on his or her own initiative or in response to a complaint, make a reasonable and necessary investigation within or outside of this state and gather evidence concerning a person who violated, allegedly violated, or is about to violate this act, a r…
Mich. Comp. Laws § 55.300a Penalties; evidence; notice and hearing; revocation of commission; fine.
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Sec. 40a. (1) An applicant for an appointment or a commissioned notary public who has engaged in conduct prohibited by this act, a rule promulgated under this act, or an order issued under this act is subject to 1 or more of the following penalties, in addition to any criminal pe…
Mich. Comp. Laws § 55.301 Automatic revocation; violation as felony; notification of conviction.
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Sec. 41. (1) If an individual commissioned as a notary public in this state is convicted of a felony or of a substantially corresponding violation of another state, the secretary shall automatically revoke the notary public commission of that individual on the date that the indiv…
Mich. Comp. Laws § 55.303 Reapplication after revocation; unpaid fine.
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Sec. 43. (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 commission is revoked is ineligible for the issuance of a new commission for at least 5 years. (2) A fine imposed under t…
Mich. Comp. Laws § 55.305 Injunction or restraining order.
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Sec. 45. (1) Whenever it appears to the secretary that a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of this act, a rule promulgated under this act, or an order issued under this act, the attorney general may peti…
Mich. Comp. Laws § 55.307 Presumption.
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Sec. 47. (1) Subject to subsection (2) and in the courts of this state, the certificate of a notary public of official acts performed in the capacity of a notary public, under the seal of office, is presumptive evidence of the facts contained in the certificate except that the ce…
Mich. Comp. Laws § 55.309 Violation as misdemeanor or felony; jurisdiction; penalties and remedies as cumulative.
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Sec. 49. (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 of the following: (a) Except as provided in subdivision (b), a misdemeanor punishable by a fine of not more than $5,000.00 or by imprisonment for no…
Mich. Comp. Laws § 55.311 Notary fees fund.
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Sec. 51. (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, duplicate notary public certificate of appointment processing fee, certification processing fee, copying processing fee, re…
Mich. Comp. Laws § 55.313 Maintenance of records.
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Sec. 53. A person, or the personal representative of a person who is deceased, who both performed a notarial act and created a record of the act performed while commissioned as a notary public under this act shall maintain all the records of that notarial act for at least 5 years…
Mich. Comp. Laws § 55.314 Application of act.
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Sec. 54. This act modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices descr…
Mich. Comp. Laws § 55.315 Rules.
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Sec. 55. 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.