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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”).Course: Not required.
Exam: Not required.
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).
Application
Online or Paper: Applicants for a commission may complete an online application, which are given priority each day. It may take 4-6 weeks to process an application received by mail. (website, “Notary Services”). For online applications, the application is completed online and then printed out.
County Clerk Filing: Within 90 days before submitting an application to the state, an applicant 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 also is presented to the clerk. The clerk will administer the oath of office to the applicant (website, “FAQs > Notary”) and verify that the applicant has completed all areas of the Notary application properly.
Fees
County Clerk: 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.
Office of Great Seal: The application fee is $10, payable online for applicants who file their applications online, or by check or money order sent to the Department of State (make payable to “State of Michigan”).
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.
Department of State Filing: Once the applicant has completed the filing with the county clerk, the applicant must file the application and fee with the Department of State online by uploading it to the Department’s online services portal or by mailing it to the Department.
Commission Certificate and Card: The commission certificate and card – wallet-sized card – may be downloaded from the applicant’s MiLogin Account account by following the instructions sent by the Department by email (Michigan Notary Public Application and Instructions).
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]).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”).
Non-ResidentsNon-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]).
Reappointment: The procedure for obtaining reappointment to a new 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 (website, “Notary Services > Commission Renewal”).
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Changes of Status
Address or Name Change
Requirement: “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 public’s residence or business address” (MCL 55.281[1]).Change of County: “If a notary moves out of his county of commission can he still use the “Acting In” notation? – Yes, a notary may use the "Acting in the County of ______." statement, however, a notary is only required to use that statement if performing a notarial act in a county other than the county of commission. If you move, be sure to complete a Request for Duplicate/Notice of Change form and send it to the Office of the Great Seal” (website, FAQs – https://www.michigan.gov/sos/faqs/office-of-the-great-seal/notary).
“Can I continue to be a notary public if I relocate to another county? – Yes. Once you are appointed as a notary, you may act statewide. However, remember you must always specify your original county of commission and the venue on the acknowledgement statement, which may be different” (website, FAQs – https://www.michigan.gov/sos/faqs/office-of-the-great-seal/notary).
Notice of Change Form: A “Michigan Notary Public Request for Duplicate/Notice of Change” form is available for this purpose and downloadable on the website.) There is no charge and no need to apply for a new commission. The Notary also must immediately apply to the Secretary if the Notary’s commission contains an error in the person’s name, birth date, county or other pertinent information, reflecting a change in factual information in the person’s application.
“The secretary shall notify the county clerk of the applicant’s appointment when a corrected commission is issued by the secretary” (MCL 55.281[3]).Factual Information: “A notary public shall immediately notify both the secretary and the county clerk of his or her appointment, in a format prescribed by the secretary, upon any change in the factual information stated in the notary public’s application for appointment” (MCL 55.281[2]).
Resignation: “To resign or cancel a commission, the Notary must contact the Michigan Department of State, Office of the Great Seal” (website, “Notary Manual”).
Death of Notary: “If a Notary should die, the Notary's personal representative should notify the Department of State. The notification should include the Notary's name and address as well as any additional pertinent information. If the deceased Notary has a seal of office or a stamp the was to affix information on certificates, these should be destroyed or defaced to prevent fraudulent use. If the Notary maintained a journal or other record the personal representative should retain the records for the required duration” (website, “Notary Manual”).
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