| Anchor | ||||
|---|---|---|---|---|
|
...
December 19, 2024
| Expand | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| ||||||||||||||
|
...
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”).
NonNon-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”).
...
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
“(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]).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”).
...
Definitions
Verification Upon Oath or Affirmation: “‘Verification upon oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true” (MCL 55.267[d]).
Jurat: “‘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 an oath or affirmation vouching for the truthfulness of the signed record” (MCL 55.265[a]).
Purpose: “Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court. It is a certification on an affidavit declaring when, where and before whom it was sworn. However, jurat notarizations do not prove a document is true, legal, valid or enforceable” (website, “Notary Manual”).
However, jurat notarizations do not prove a document is true, legal, valid or enforceable” (website, “Acknowledgment vs Jurat).Requirements
Identity of Principal: “In taking a verification upon oath or affirmation, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the person in the presence of the notary public and making the verification is the person whose signature is on the record being verified” (MCL 55.285[3]).
“It is always important that the notary positively identify a signer for a jurat, as s/he is certifying that the signer attested to the truthfulness of the document contents under penalty of perjury” (website, “Acknowledgment vs Jurat”).Signature of Principal: “In all matters where the notary public takes a verification upon oath or affirmation … the notary public shall require that the person sign the record being verified … in the presence of the notary public” (MCL 55.285[5]).
Oath or /Affirmation: “If no other wording is prescribed in a given instance, a notary may use the following language for an affidavit or deposition: Do you solemnly swear that the contents of this affidavit (or deposition, document, etc.) subscribed (signed) by you are correct and true, so help you God? Or, do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct? When administering oaths, parties should raise their right hands. The left hand may be used in cases of disability” (website, Acknowledgment vs Jurat”).
...
Purpose: “The act of witnessing or attesting a signature is like a jurat, except that it does not required the signer to take an oath or affirmation. It is used when establishing the signing date is of major importance” (website, “Notary Manual”).
Requirements
Identity of Principal: In witnessing or attesting to a signature, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person in the presence of the notary public and is the person named in the record” (MCL 55.285[4]).
Witness Signature of Principal: “In all matters where the notary public … witnesses or attests to a signature, the notary public shall require that the person sign the record being verified, witnessed, or attested in the presence of the notary public” (MCL 55.285[5]).
...
“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
Prohibited Act: “A Notary public may not be a signature witness and notarize the same document (website, “Notary Manual”).
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”).
Advertisements
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]).
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]).
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]).
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]).
...
The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary official seals are allowed by Michigan law. Other formats may also be permitted.
...