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October 18, 2024

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1. Qualifications: An applicant for a commission as a Michigan Notary Public must (MCL 55.271 and 55.301):
   (a) be at least 18 years old,
   (b) be a resident of Michigan or maintain a place of business in the state,
   (c) be a U.S. citizen or possess proof of legal presence in the United States,
   (d) be a resident of the county from which an appointment is sought, or, for a non-resident of Michigan, maintain a principal place of business in the county in which an appointment is sought,
   (e) read and write the English language,
   (f) be free of any felony convictions within the past 10 years,
   (g) not be currently imprisoned in any state, county or federal correctional facility and
   (h) not have been convicted of two or more “specified misdemeanors” for violations within a 12-month period while commissioned, or of three or more violations within a five-year period regardless of being commissioned. (The term “specified misdemeanors” is to be determined by the Michigan Secretary of State and includes the following: a violation of the Michigan Notary Public Act; a violation of the public trust; an act of official misconduct, dishonesty, fraud or deceit; or an act substantially related to the duties or responsibilities of a notary public [MCL 55.301].)
   In addition, the Department of State indicates as qualifications an applicant must:
   (a) have filed with the appropriate county clerk a proper surety bond in the amount of $10,000 and taken the oath of office as prescribed by the State Constitution (Michigan licensed attorneys are exempt), and
   (b) sign a declaration that all information on your application for Michigan Notary Public Commission is correct, that you have read the Michigan Notary Public Act, and that you will perform all notarial acts faithfully (website, “Becoming a Notary Public Handbook”).

2. Course: Not required.

3. Exam: Not required.

4. Familiarity with State Law: “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” (MCL 55.283). “Every citizen appointed as a notary has a duty to learn the notarial laws on their own initiative” (website, “What is a Notary Public?”).

5. Application: Within 90 days before submitting an application to the state, an applicant for a Notary commission must obtain a $10,000 surety bond and file it with the county clerk in the county where the Notary resides or, for an out-of-state resident, where the Notary’s principal place of business is located (MCL 55.273[1]). The completed application should also be presented to the clerk at that time. (The county filing fee is $10, though it may be higher in Wayne County.) Charter counties with a population of 2,000,000 or more may charge a higher fee (website, “Becoming a Michigan Notary Public”). The clerk will administer an oath of office and fill out the designated part of the application, thereby verifying that the applicant has completed all the requirements. The applicant must then sign the form. Licensed Michigan attorneys are not required to file a surety bond as of April 1, 2007 (MCL 55.271), but they must still file an oath with the county.
   The completed application, along with a $10 fee payable to the “State of Michigan” must then be submitted by the applicant to the Office of the Great Seal. If issued, the commission – in the form of a blue, wallet-sized card – will be sent directly to the Notary’s residence address (BMNP).

6. Background Screening: Authorized.
   “When he or she receives an application and the prescribed processing fee, the secretary may inquire as to the qualifications of the applicant and shall determine whether the applicant meets the qualifications for appointment as a notary public under this act. To assist in deciding whether the applicant is qualified, the secretary may use the law enforcement information network as provided in the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215, or the internet criminal history access tool (ICHAT) maintained by the department of state police, to check the criminal background of the applicant.” (MCL 55.275[3]).

7. Michigan Department of Corrections Employees: “MDOC employees who are required as a condition of employment to perform notarial services must process their application in accordance with specific guidelines as directed by MDOC” (website, “Michigan Department of Corrections Employees Only”).

8. Non-Residents: An out-of-state resident with a principal place of business in Michigan may become a Michigan Notary. The applicant must show that his or her principal place of business is located in the county in which an appointment is sought and that he or she is likely to be asked to perform notarial acts (MCL 55.271[1][e]).

9. Reappointment: There is no commission “renewal” process per se – the procedure for getting another commission is the same as for securing the original commission. Current Notaries seeking a new commission must apply no earlier than 60 days before expiration (BMNP). Licensed Michigan attorneys whose commission was issued on or after April 1, 2007, will receive a reappointment application 90 days prior to expiration (BMNP).

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