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“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” (MCL 55.291[1]).

Notary as Witness

  1. Prohibited Act: “A Notary public may not be a signature witness and notarize the same document (website, “Notary Manual”).

  2. Permissible Act: “A notary may witness the signing of the document and notarize the same document as long as the notary public is not notarizing their own signature. This means that if the witness's signatures are required to be notarized, the notary public will only be able to notarize the record owner's signature and the other witness. Best practice in this type of case is to have two witnesses e.g. friends, co-workers, neighbors, etc. witness the document and only have a notary complete the document notarization” (website, “Notary Manual”).

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  1. False Claims: “A notary public shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters” (MCL 55.291[3]).

  2. Implying Notary Is Attorney: “A notary public shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material describing the role of the notary public, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney” (MCL 55.291[4]).

  3. Use of ‘Notario Publico’: “A notary public may not use the term ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice, or sign” (MCL 55.291[6]).

  4. Required Notice: “A notary public who is not a licensed attorney and who advertises notarial services in a language other than English shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following, prominently displayed in the same language:
    “(a) The statement: ‘I am not an attorney and have no authority to give advice on immigration or other legal matters’.
    “(b) The fees for notarial acts as specified by statute” (MCL 55.291[5]).

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