Last Update: November 26, 2024
QUICK FACTS
Notary Jurisdiction
Statewide (MCL 55.269[2]).
Notary Term Length
Expiring on the Notary’s birthday not less than six years nor more than seven years from the date of appointment (MCL 55.269[2]).
Notary Bond
$10,000 (MCL 55.273[2]).
Notary Seal
Not required.
Notary Journal
Required for remote electronic notarial acts.
ADMINISTRATION AND RULES
Commissioning Official
Michigan’s Secretary of State (Office of the Great Seal) administers the Notary program and maintains records on Notaries (MCL 55.271[1]). All information contained in Notary commission applications is subject to disclosure under the Freedom of Information Act (MCL 15.231 et seq.).
Contact Information
Address: Notary Administration
Michigan Department of State
Office of the Great Seal
7064 Crowner Drive
Lansing, MI 48918
(Richard H. Austin Bldg., 1st Floor
430 W. Allegan St.)Phone: 888-767-6424
Laws, Rules and Guidelines
Laws: Most Notary statutes are in the Michigan Compiled Laws (MCL) “Michigan Law on Notarial Acts,” as amended (2003 PA 238) (MCL 55.261, et seq.).
Guidelines: The pamphlet “Becoming a Michigan Notary Public,” issued by the Department of State, is available on the Department’s website (“Publications and Forms”). The Notary Manual, issued by the Department of State, is also available on the Department’s website.
COMMISSION AND APPOINTMENT
Commission Process
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). “Every citizen appointed as a notary has a duty to learn the notarial laws on their own initiative” (website, “What is a Notary Public?”).
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).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-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: 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).
Notification to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic and Remote Notarial Acts: “Before a notary public performs the notary public’s initial notarial act electronically, the notary public shall notify the secretary that the notary public will be performing notarial acts electronically and identify the electronic notarization system the notary public intends to use for electronic notarizations. If the secretary and the department of technology, management, and budget have approved the use of 1 or more electronic notarization systems under [MCL] section 26a [55.286a], the notary public must select the system he or she intends to use from the approved electronic notarization systems. The secretary may disallow the use of an electronic notarization system if the electronic notarization system does not satisfy the criteria described in [MCL] section 26a [55.286a]” (MCL 55.286[2]).
Process: “To become eligible to conduct electronic or remote notarizations there are three essential steps that must be met:
“a. Complete the process to become commissioned as a notary public in Michigan, if
you are not currently commissioned as a Michigan notary public.
“b. Select and purchase an electronic notarization system/platform from the Secretary of State’s Approved E-Notary and Remote Notary Public Vendors list. A vendor must be on the list to be used in Michigan. Note: You must work with the vendor to purchase the system/platform. This is not something that our office can assist you with.
“c. Provide our office with the name, contact information and system/platform once purchased using the Electronic and Remote Notary Request for Change form, you must also provide documentation from the vendor indicating you have signed up with them” (website, Electronic and Remote Notarial Acts – General Information Guide”).
Online Search
The state’s roster of Notaries may be searched by name, county or expiration date through the “Michigan Notary Public Search” function on the Department of State’s website. Information provided describes a Notary’s current status, including county of commission, appointment date and commission expiration date.
Jurisdiction
“A notary public may … perform notarial acts anywhere in this state…” (MCL 55.269[2]).
Term Length
“A notary public may … perform notarial acts … from the date of appointment until the notary’s birthday occurring not less than 6 years and not more than 7 years after the date of his or her appointment unless the appointment is canceled, suspended, or revoked by the secretary or by operation of law” (MCL 55.269[2]).
Bond
Requirement: “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” (MCL 55.297[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” (MCL 55.273[1]).
“The bond shall be in the sum of $10,000.00 with good and sufficient surety by a surety licensed to do business in this state. The bond shall be conditioned upon indemnifying or reimbursing a person, financing agency, or governmental agency for monetary loss caused through the official misconduct of the notary public in the performance of a notarial act. The surety is required to indemnify or reimburse only after a judgment based on official misconduct has been entered in a court of competent jurisdiction against the notary public. The aggregate liability of the surety shall not exceed the sum of the bond” (MCL 55.273[2]).Cancellation of Bond: “The surety on the bond may cancel the bond 60 days after the surety notifies the notary, the secretary, and the county clerk of the cancellation. The surety is not liable for a breach of a condition occurring after the effective date of the cancellation. The county clerk shall not accept the personal assets of an applicant as security for a surety bond under this act” (MCL 55.273[2]).
“A notary public and the notary public’s sureties are not liable for the truth, form, or correctness of the contents of a record upon which the notary public performs a notarial act” (MCL 55.297[2]).Attorneys Exempted: “The requirement of filing a bond does not apply to an applicant that demonstrates, in a manner acceptable to the secretary, licensure as an attorney at law in this state” (MCL 55.271[[1]f]).
Employer Liability: “The employer of a notary public is also liable if both of the following conditions apply:
“(a) The notary public was acting within the actual or apparent scope of his or her employment.
“(b) The employer had knowledge of and consented to or permitted the official misconduct” (MCL 55.297[1]).
Changes of Status
Address or Name Change: “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]).
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: “f 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”).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Michigan Notaries are authorized to perform the following notarial acts (MCL 55.285[1]):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications upon oath or affirmation;
Witness or attest signatures.
In-Person Electronic and Remote Notarial Acts: Michigan Notaries who have notified the Department of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically and remotely.
Acknowledgments
Definition: “‘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 record with the proper authority and signed it as the act of the person represented and identified in the record” (MCL 55.263[a]).
Typically, [acknowledgments] are executed on deeds and other documents that will be publicly recorded by a county official” (website, “Notary Manual”).Requirements: “In taking an acknowledgment, 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 acknowledgment is the person whose signature is on the record” (MCL 55.285[2]).
“In executing an acknowledgement, a Notary guarantees that the signer:
“● personally appeared before the Notary
“● was positively identified using personal knowledge or satisfactory evidence” (website, “Notary Manual”).
“If the document was signed outside the notary’s presence, the document signer must make a personal appearance before the notary to confirm it is their signature prior to the document being notarized.… [T]here is no exception to the requirement of a personal appearance before the notary” (website, “Jurat vs. Acknowledgments…”).
Oaths and Affirmations
Definition: “The word ‘oath’ shall be construed to include the word ‘affirmation’ in all cases where by law an affirmation may be substituted for an oath; and in like cases the word ‘sworn’ shall be construed to include the word ‘affirmed’” (MCL 8.3k).
Requirements: “The usual mode of administering oaths now practiced in this state, by the person who swears holding up the right hand, shall be observed in all cases in which an oath may be administered by law except as otherwise provided by law. The oath shall commence, ‘You do solemnly swear or affirm’” (MCL 600.1432).
“Every person conscientiously opposed to taking an oath may, instead of swearing, solemnly and sincerely affirm, under the pains and penalties of perjury” (MCL 600.1434).
Verifications Upon Oath or Affirmation
Definitions: “‘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’ 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]).
“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”).Requirements: “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]).
“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]).
“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. However, jurat notarizations do not prove a document is true, legal, valid or enforceable” (website, “Jurat vs. Acknowledgments…”).
“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, “Jurat vs. Acknowledgments…”).
Signature Witnessings
Definition: “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: “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]).
“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]).
STANDARDS OF PRACTICE
Personal Appearance
Definition: “‘In the presence of’ means in either of the following:
“(i) in the same physical location with and close enough to see, hear, communicate with, and exchange tangible identification credentials with another individual.
“(ii) interacting with another individual by means of audio and visual communication technology that is part of a remote electronic notarization platform approved under section 26b” (MCL 55.263[k]).Notarial Acts: The notarial acts of acknowledgment, jurat, oaths and affirmations, signature witnessing all require the individual to appear in the presence of a Notary (MCL 55.263[a], 55.265[a], and 55.285[2] - [5]).
Remote Notarial Acts: “A notarial act performed using a remote electronic notarization platform under this section that otherwise satisfies the requirements of this act is presumed to satisfy any requirement under this act that a notarial act be performed in the presence of a notary public” (MCL 55-286b[11]).
Identification
Notarial Acts
Requirement: In taking an acknowledgment, executing a verification upon oath or affirmation, or in witnessing or attesting to a signature, the signer must be identified by the Notary through personal knowledge or satisfactory evidence of identity (MCL 55.285).
Satisfactory Evidence: “A notary public has satisfactory evidence that a person is the person whose signature is on a record if that person is any of the following:
“(a) Personally known to the notary public.
“(b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the person.
“(c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the person’s photograph and signature” (MCL 55.285[6]).”
“When performing a notarial act, you should … [i]dentify the individual either from personal knowledge or satisfactory evidence. If you do not personally know the individual who is requesting a notarial act, ask to see a driver license, passport or state issued personal identification card. You can also identify an individual upon the oath or affirmation of a credible witness if you personally know the witness and the witness personally knows the individual” (website, “Notarization of Document(s)”).
Remote Notarial Acts
Definitions
“‘Credential analysis’ means a process or service by which a third party affirms the validity of an identity document described in [MCL] section 25 [55.285] (6)(c) through a review of public and proprietary data sources conducted remotely” (MCL 55.263[c]).
“‘Identity proofing’ means a process or service by which a third party provides a notary public with a reasonable means to verify the identity of an individual through a review of personal information from public or proprietary data sources conducted remotely” (MCL 55.263[h]).
Requirement: “A notary public may perform a notarial act using a remote electronic notarization platform if either of the following is met:
“(a) The notary public makes all applicable determinations under section 25 [MCL 55.285] according to personal knowledge or satisfactory evidence, performance of the notarial act complies with section 27 [MCL 55-287], and the notary public does not violate section 31 [MCL 55-291] in the performance of the notarial act.
“(b) The notary public, through use of the remote electronic notarization platform, personal knowledge, or satisfactory evidence, is able to identify the record before the notary public as the same record presented by the individual for notarization” (MCL 55-286b[5]).Personal Knowledge and Satisfactory Evidence: “A notary public has satisfactory evidence that an individual is the individual whose signature is on a record if that individual is any of the following:
“(a) Personally known to the notary public.
“(b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the individual.
“(c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the individual’s photograph and signature.
“(d) With regard to a notarial act performed under section 26b [MCL 55-286b], identified and verified through an identity proofing process or service that is part of a remote electronic notarization platform approved under section 26b(1) [MCL 55-286b(1)], and the person presents an identity document described in subdivision (c) that is verified through a credential analysis process or service that is part of a remote electronic notarization platform approved under section 26b(1) [MCL 55-286b(1)]” (MCL 55-285[6]).
Refusal of Services
Authorization: “A notary public may refuse to perform a notarial act” (MCL 55.285[8]).
Discrimination: “Notaries should honor all lawful and reasonable requests to notarize. A person's race, age, gender, religion, nationality, ethnicity, lifestyle or political viewpoint is never a legitimate cause or reason for refusing to perform a notarial act. However, a Notary may and should refuse to perform a notarial act when a document is blatantly fraudulent, or the Notary determines that the signer is under duress or not acting of their own volition. A Notary should never submit or agree to perform an improper notarization” (website, “Notary Manual”).
Signature by Mark
'“‘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, adopted, or made by the individual with the intent to sign the record” (MCL 55.267[b]).
Signature by Proxy
“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 electronic or mechanical means provided by the person and directed by that person to sign that person’s name.
“(b) The person is in the physical presence of the notary public.
“(c) The notary public inscribes beneath the signature: ‘Signature affixed pursuant to section 33 of the Michigan notary public act’” (MCL 55.293).
Durable Powers of Attorney: The above provision allowing a Notary to sign the name of a person who is physically unable to sign may apply in certain cases to the signing of durable powers of attorney (MCL 700.5501[2]):
“A durable power of attorney under this section shall be dated and signed voluntarily by the principal or signed by a notary public on the principal’s behalf pursuant to section 33 of the Michigan notary public act, 2003 PA 238, MCL 55.293. The durable power of attorney shall be 1 or both of the following.
“(a) Signed in the presence of 2 witnesses, neither of whom is the attorney-in-fact, and both of whom also sign the durable power of attorney.
“(b) Acknowledged by the principal before a notary public, who endorses on the durable power of attorney a certificate of that acknowledgment and the true date of taking the acknowledgment.”
However, many types of durable power of attorney are disallowed from the provisions of this law, including durable powers of attorney for health care (MCL 700.5501[2]).
Disqualifying Interest
Personal: “A notary public shall not do any of the following:
“(a) Perform a notarial act upon any record executed by himself or herself.
“(b) Notarize his or her own signature.
“(c) Take his or her own deposition or affidavit” (MCL 55.291[2]).
“A notary public shall not perform any notarial act in connection with a transaction if the notary public has a conflict of interest. As used in this subsection, ‘conflict of interest’ means either or both of the following:
“(a) The notary public has a direct financial or beneficial interest, other than the notary public fee, in the transaction.
“(b) The notary public is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee or as a party in some other capacity to the transaction” (MCL 55.291[7]).Exceptions: “For purposes of [MCL 55.291] subsection (7), a notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction” (MCL 55.291[10]).
“A Notary who is a stockholder, director, officer or employee of a bank or other corporation may notarize documents executed by that corporation, or administer oaths to any of its agents, unless the Notary is named as a party to the document, either individually or as a representative of the corporation” (MCL 55.291[9]).Relatives: “A notary public shall not perform a notarial act for a spouse, lineal ancestor, lineal descendent, or sibling including in-laws, steps, or half-relatives” (MCL 55.291[8]). A “lineal ancestor” is an individual in the direct line of ascent, including but not limited to a parent or grandparent; a “lineal descendant” is an individual who is in the direct line of descent, including but not limited to a child or grandchild (MCL 55.265).
Foreign-Language Documents
“Notaries are not prohibited legally from notarizing a document written in a foreign language. However, there are numerous potential problems, including the fact that the term notary public, when translated into other languages, can refer to a markedly different office, with far greater authority than in the United States. A notary public should not proceed to notarize any document with which they are not comfortable doing so. The notary may recommend using a notary public familiar with the language in which the document is written” (website, “Foreign Language Documents”).
Certifying True Copy
“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
“A notary public may not be a signature witness and notarize the same document” (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]).
Deciding Type of Act
“A notary should not decide which type of notarial act a document requires. The customer must know and tell the notary. However, if the jurat indicates that the document was ‘sworn to before me,’ then an oath must be administered” (website, “Jurat vs. Acknowledgments…”).
“A notary public is not liable for the truth, form or contents of a record that he or she notarizes” (website, “Liability”).
In-Person Electronic Notarial Acts
Applicable Law
Uniform Electronic Transactions Act: Michigan has adopted the Uniform Electronic Transactions Act (2000 PA 305) (MCL 450.831, et seq.), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (MCL 450.841).
Uniform Real Property Electronic Recording Act: In 2010, Michigan enacted the Uniform Real Property Electronic Recording Act, including the following provision: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature]” (MCL 565.843[3]).
Michigan Law on Notarial Acts: The Michigan Law on Notarial Acts contains provisions regarding the notarization of electronic records. These provisions are summarized below.
Tamper-Evident Technology
Selection by Notary: “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 electronic notarization system that the notary public has not selected” (MCL 55.286[1]).
Standards: “If the secretary and the department of technology, management, and budget have approved the use of 1 or more electronic notarization systems under section 26a, the notary public must select the system he or she intends to use from the approved electronic notarization systems. The secretary may disallow the use of an electronic notarization system if the electronic notarization system does not satisfy the criteria described in section 26a” (MCL 55.286[2])
Technology Systems
Definition: “‘Electronic notarization system’ means a set or system of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations” (MCL 55.263[f]).
Requirement: “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, management, and budget may approve multiple electronic notarization systems, and may grant approval of additional electronic notarization systems on an ongoing basis. The secretary and the department of technology, management, and budget shall review the criteria for approval of electronic notarization systems, and whether currently approved electronic notarization systems remain sufficient for the electronic performance of notarial acts, at least every 4 years” (MCL 55.286a[1]).
“(2) Subject to subsection [MCL 55.286a] (3), in considering whether to approve an electronic notarization system for use in this state under subsection (1), the secretary and the department of technology, management, and budget shall consider, at a minimum, the following:
“(a) The need to ensure that any change to or tampering with an electronic record containing the information required under this act is evident.
“(b) The need to ensure integrity in the creation, transmittal, storage, or authentication of electronic notarizations, records, or signatures.
“(c) The need to prevent fraud or mistake in the performance of electronic notarizations.
“(d) The ability to adequately investigate and authenticate a notarial act performed electronically with that electronic notarization system.
“(e) The most recent standards regarding electronic notarizations or records promulgated by national bodies, including, but not limited to, the national association of secretaries of state.
“(f) The standards, practices, and customs of other jurisdictions that allow electronic notarial acts.
“(3) If an electronic notarization system for the performance of electronic notarizations is approved or certified by a government-sponsored enterprise, as that term is defined in 2 USC 622(8), the secretary and the department of technology, management, and budget shall approve the system for use in this state if verifiable proof of that approval or certification is provided to the secretary and department, unless the use of the electronic notarization system is affirmatively disallowed by the secretary” (MCL 55.296a[2]-[3]).Approval of System Providers: Required.
List of Approved System Providers: Provided. A list of approved providers may be found at the Secretary of State’s website at https://www.michigan.gov/sos/-/media/Project/Websites/sos/19delrio/List_of_Vendors.pdf?rev=92f698ec41f845feaef84e0a48bf9f73&hash=F98A9AB80866D532ABD1C234FD8904DD.
Indication of Electronic Act: “On each record that a notary public performs a notarial act and immediately near the notary public’s signature, as is practical, the notary public shall print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary and in a manner capable of photographic reproduction… (f) if applicable, whether the notarial act was performed using an electronic notarization system under section 26a [MCL 55-286a].…” (MCL 55-287[2][f]).
Remote Notarial Acts
Applicable Law: The Michigan Law on Notarial Acts contains provisions regarding remote notarization. These provisions are summarized below.
Technology Systems
Definition: “‘Remote electronic notarization platform’ means any combination of technology that enables a notary to perform a notarial act remotely; that allows the notary public to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing” (MCL 55.265[i]).
Approval of System Providers: Required. “A notary public shall not use a remote electronic notarization platform that is not approved under this section” (MCL 55-286b[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. A notary public shall not use a remote electronic notarization platform that is not approved under this section” (MCL 55-286b[1]).
The standards by which a remote electronic notarization platform is approved, including a system approved by a government-sponsored enterprise, are the same as for electronic notarization systems (see “System Approval” above). Like electronic notarization systems, the standards for approval of remote electronic notarization platforms must be reviewed every 4 years, and the number of approved platforms must be determined to be sufficient.List of Approved System Providers: The Secretary of State maintains a list of vendors whose remote notarization platforms have been approved for use by at https://www.michigan.gov/sos/-/media/Project/Websites/sos/19delrio/List_of_Vendors.pdf?rev=92f698ec41f845feaef84e0a48bf9f73&hash=F98A9AB80866D532ABD1C234FD8904DD.
Satisfies Personal Appearance: “A notarial act performed using a remote electronic notarization platform under this section that otherwise satisfies the requirements of this act is presumed to satisfy any requirement under this act that a notarial act be performed in the presence of a notary public” (MCL 55-286b[11]).
Indication of Remote Act: “On each record that a notary public performs a notarial act and immediately near the notary public’s signature, as is practical, the notary public shall print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary and in a manner capable of photographic reproduction… (f) if applicable, whether the notarial act was performed … using a remote electronic notarization platform under section 26b [MCL 55-286b]” (MCL 55-287[2][f]).
Disclosure of Recording: “The notary public shall not record by audio or visual means a notarial act performed using a remote electronic notarization platform, unless the notary public discloses to the person that requested the notarial act that an audio or visual recording is being made and how the recording will be preserved, and the person consents or has previously consented to the recording. A notary public may refuse to conduct a notarial act using a remote electronic notarization platform if the person that requested the notarial act objects to an audio or visual recording of the notarial act” (MCL 55-286b[6]).
Journal of Remote Acts: For the requirement to keep an electronic journal of all remote electronic notarizations, see “Records of Notarial Acts” above.
Unsworn Foreign Declarations
Michigan has enacted the Uniform Unsworn Foreign Declarations Act, permitting a person living or traveling outside the United States who must sign a sworn statement to make the statement on penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation (MCL 600.2181 to 600.2190). This law does not apply to:
(a) a deposition;
(b) an oath of office;
(c) an oath required to be given before a specified official other than a Notary;
(d) a declaration to be recorded with a register of deeds;
(e) an oath required by MCL 700.2504 (to make a last will and testament self-proving); and
(f) a declaration in a document filed with the court in the course of administering the estate of a decedent (MCL 600.2184[2]).
CERTIFICATE OF NOTARIAL ACT
Certificate Forms Repealed
Effective May 26, 2006, the Michigan Legislature repealed the use of Notary forms (Former MCL 55.289, Act 155). Effective December 12, 2018, the Michigan Legislature repealed the Uniform Recognition of Acknowledgments Act, and its several “short form” acknowledgment certificates used by Notaries and other notarial officers for decades.
Recent correspondence with the Michigan Secretary of State’s office suggests that the Michigan Notary Public Act requires a Notary only to include the following requirements prescribed in MCL 55.287 for each notarial act they execute: “On each record that a notary public performs a notarial act and immediately near the notary public’s signature, as is practical, the notary public shall print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary and in a manner capable of photographic reproduction all of the following in this format or in a similar format that conveys all of the same information:
“(a) The name of the notary public exactly as it appears on his or her application for commission as a notary public.
“(b) The statement: “Notary public, State of Michigan, County of _______________.”.
“(c) The statement: “My commission expires _______________.”.
“(d) If performing a notarial act in a county other than the county of commission, the statement: “Acting in the County of _______________.”.
“(e) The date the notarial act was performed.
“(f) If applicable, whether the notarial act was performed using an electronic notarization system under section 26A or performed using a remote electronic notarization platform under section 26b” [MCL 55-286b]” (MCL 55.287[2]).
“When performing a notarial act, you should … [c]omplete the notarial certificate. This must include all of the following: the date of notarization; your name; the county of appointment; the expiration date of your commission; and if performing a notarial act in a county other than your county of commission, the statement ‘Acting in the County of _______.’ Always sign your name exactly as it appears on your application for commission as a notary public, including middle name or initial(s) if used” (website, “Notarization of Document(s)”).
“The county of notarization/venue is essential as it determines the legal jurisdiction in the event the notarization is challenged in a court of law. This is the Acting in the County of statement. If this statement is not completed, then the venue is the County of Commission” (website, “Notary Manual”).
Secretary Prescribed Forms
“The secretary (of state) shall prescribe the form that a notary public shall use for a jurat, the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a verification upon oath or affirmation, the witnessing or attesting to a signature, or any other act that a notary public is authorized to perform in this state” (MCL 55.285[9]).
Acknowledgment by Individual (Website) Acknowledged by ____________ before me on the _______ day of _______. ___________________ (Notary signature) |
Jurat (Website) Subscribed and sworn to by __________ before me on the _______ day of ________, 20. ___________________ (Notary signature) |
SEAL AND SIGNATURE
Seal Requirement
Not required: While Michigan Notaries are not required by law to use a seal of office, they may affix a seal to fulfill the requirement to “print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary (of state) and in a manner capable of photographic reproduction” certain information. This information must be affixed “immediately near the notary public’s signature, as is practical” (MCL 55.287[2]).
“The MiLONA does not require Notaries to use an embossed seal or rubber stamp on a document. However, the use of a stamp provides for a more consistent and complete notarization. It is much more difficult to ensure that all the required elements are included when relying solely on memory or hand copying the elements. The Department of State/Office of the Great Seal does not provide these tools or supplies. They can be purchased through most companies or stores that supply printing services. While the MiLONA does not require the use of an embossed seal, documents for use outside of the State of Michigan may require an embossed Notary seal” (website, “Notary Manual”).Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature]” (MCL 565.843[3]).
Seal Format
Inked Stamp or Electronic Process: “A notary public may use a stamp, seal, or electronic process that contains all of the information required by MCL 55.287(2). However, the stamp, seal, or electronic process shall not be used in a manner that renders anything illegible on the record being notarized” (MCL 55.287[3]).
Unreproducible Method Disallowed: “A notary public shall not use an embosser alone or use any other method that cannot be reproduced” (MCL 55.287[3]).
Size and Shape: Not specified.
Components: The following information may be affixed by any photocopiable Notary seal used, or this information must be printed, typed, stamped or otherwise mechanically or electronically imprinted in a photographically reproducible manner (MCL 55.287[2]):
Name of Notary exactly as on the application for commission;
“Notary Public, State of Michigan, County of ___________ (name of county).”;
“My commission expires _________ (date).”;
If notarizing in a Michigan county other than the county of commissioning, “Acting in the County of _________ (county where notarial act was performed).”;
Date notarial act was performed.
If the notarial act was performed using an electronic notarization system or remote electronic notarization platform.
Illegibility: “The illegibility of the statements required in subsection (2) does not affect the validity of the transaction or record that was notarized” (MCL 55.287[4]).
Example
The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by Michigan law. Other formats may also be permitted.
Notary Signature
“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” (MCL 55.287[1]).
“‘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, adopted, or made by the individual with the intent to sign the record” (MCL 55.267[b]).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Not required.
In-Person Electronic Notarial Acts: Not required.
Remote Notarial Acts: Required.
“If a notary public performs notarial acts using a remote electronic notarization platform, the notary public shall maintain a journal that records, at a minimum, each of those notarial acts” (MCL 55.286b[7]).
Recording of Remote Notarial Acts: Required.
“Subject to subsection [MCL 55-286b] (1), a notary public must retain an audio or visual recording of a notarial act for at least 10 years after the performance of the notarial act” (MCL 55.286b[9]).
“The notary public shall not record by audio or visual means a notarial act performed using a remote electronic notarization platform, unless the notary public discloses to the person that requested the notarial act that an audio or visual recording is being made and how the recording will be preserved, and the person consents or has previously consented to the recording. A notary public may refuse to conduct a notarial act using a remote electronic notarization platform if the person that requested the notarial act objects to an audio or visual recording of the notarial act” (MCL 55.286b[6]).
One Active Journal
“A notary public shall maintain only 1 journal for the recording of notarial acts …” (MCL 55.286b[7]).
Journal Format
“A notary public … must keep the journal either as a tangible, permanent bound register or in a tamper-evident, permanent electronic format” (MCL 55.286b[7]).
Journal Recommendation
Notarial Acts: “The MiLONA does not require that Notary public keep a journal, ledger, list or other record for pen and paper notarizations and electronic notarizations. But many notaries find it beneficial to keep records” (website, “Notary Manual”).
Journal Entries
Required Entries: “A notary public shall make an entry in a journal maintained under [MCL 55.286b] subsection (7) contemporaneously with performance of the notarial act, and the entry must include, at a minimum, all of the following:
“(a) The date, time, and nature of the notarial act.
“(b) A description of the record, if any.
“(c) The full name and address of each individual for whom the notarial act is performed.
“(d) If the identity of the individual for whom the notarial act is performed is based on personal knowledge, a statement to that effect. If the identity of the individual for whom the notarial act is performed is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration for the credential.
“(e) The fee charged, if any, by the notary public” (MCL 55-286b[8]).Audiovisual Recording: “An entry made in a journal maintained by a notary public under [MCL 55-286b] subsection (7) must also reference, but shall not itself contain, any audio or visual recording of a notarial act performed using a remote electronic notarization platform. Subject to subsection [MCL 55-286b] (1), a notary public must retain an audio or visual recording of a notarial act for at least 10 years after the performance of the notarial act” (MCL 55.286b[9]).
Retention of Records
“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 after the date of the notarial act” (MCL 55.313).
Because certain crimes of real estate and mortgage fraud may be prosecuted up to 10 years after the offense was committed or the pertinent document was recorded (MCL 767.24[5]), prudent Notaries may wish to keep and safeguard their records at least 10 years.
Remote Notarial Acts: “A notary public shall retain the journal for at least 10 years after the performance of the last notarial act recorded in it. If a notary public is not reappointed, or his or her commission is revoked, the former notary public shall inform the secretary of state where the journal is kept or, if directed by the secretary, shall forward the journal to the secretary or a repository designated by the secretary” (MCL 55-286b[7]).
Use of Custodian: “A notary public may designate a custodian to do any of the following:
“(a) Maintain the journal required under MCL 55.286b] subsection (7) on his or her behalf.
“(b) Retain an audio or visual recording of a notarial act under subsection [MCL 55-286b] (9) on his or her behalf. If an audio or visual recording of a notarial act is transferred to a custodian to hold on behalf of the notary public, the journal entry must identify the custodian with sufficient information to locate and contact that custodian” (MCL 55-286b[10]).
Inspection of Records
Upon written or electronic request by the Secretary of State, a Notary must comply within 15 days by providing a copy or permitting inspection of the specified records of the Notary, but only if such records are kept by that Notary (MCL 55.295). For failure to comply, the Secretary may indefinitely suspend the Notary’s commission.
FEES FOR NOTARIAL ACTS
Maximum Fee
“The fee charged by a notary public for performing a notarial act shall not be more than $10.00 for any individual transaction or notarial act” (MCL 55.285[7]).
Posting or Advising on Fees
“A notary public shall either conspicuously display a sign or expressly advise a person concerning the fee amount to be charged for a notarial act before the notary public performs the act” (MCL 55.285[7]).
Travel Fee
'“Before the notary public commences to travel in order to perform a notarial act, the notary public and client may agree concerning a separate travel fee to be charged by the notary public for traveling to perform the notarial act” (MCL 55.285[7]).
Duplicate Certificates
“It was the intent of the legislature, we believe, that the notary should be paid for every certificate of acknowledgment which he executes and since instruments acknowledged in duplicate call for duplicate certificates, it is our opinion that a notary may charge the statutory fee for each certificate of acknowledgment executed by him” (Michigan Attorney General Opinion No. 1815 of September 14, 1954).
REAL ESTATE PRACTICES
Notary Signing Agents
Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Michigan.
However, the Office of the Great Seal does offer the following cautionary note: Notary signing agents “are employed by private companies and are not certified or qualified by the State of Michigan beyond the normal Notary application process. A Notary signing agent has no special powers and must adhere to MiLONA in all transactions. It is illegal for a Notary or a Notary signing agent to give legal advice, explain legal documents or aid client(s) in completing legal or immigration forms. This is considered unauthorized/unlawful practice of law.” (website, “Notary Manual”).
Recording Requirements
“A register of deeds shall not receive for recording an instrument executed after October 29, 1937 unless the instrument complies with each of the following requirements:
“(a) The name of each person purporting to execute the instrument is legibly printed, typewritten, or stamped beneath the original signature or mark of the person, and the signature or mark is in black or dark blue ink.
“(b) A discrepancy does not exist between the name of each person as printed, typewritten, or stamped beneath his or her signature and the name as recited in the acknowledgment or jurat on the instrument.
“(c) The name of any notary public whose signature appears on the instrument is legibly printed, typewritten, or stamped on the instrument and appears on the same page near the signature of the notary public.
“(d) The address of each of the grantees in each deed of conveyance or assignment of real estate, including the street number address if located within territory where street number addresses are in common use, or, if not, the post office address, is legibly printed, typewritten, or stamped on the instrument” (MCL 565.201[1][a]-[d]).
“A register of deeds shall not receive for recording an instrument executed after October 29, 1937 unless the instrument complies with each of the following requirements:
“(f) If the instrument is executed after April 1, 1997, each sheet of the instrument complies with all of the following requirements:
“(i) Has a margin of unprinted space that is at least 2-1/2 inches at the top of the first page and at least 1/2 inch on all remaining sides of each page.
“(ii) Subject to [MCL 565.201] (3), displays on the first line of print on the first page of the instrument a single statement identifying the recordable event that the instrument evidences.
“(iii) Is electronically, mechanically, or hand printed in 10-point type or the equivalent of 10-point type.
“(iv) Is legibly printed in black ink on white paper that is not less than 20-pound weight.
“(v) Is not less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long.
“(vi) Contains no attachment that is less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long” (MCL 565.201[1][f]).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in Michigan
“Deeds executed within this state of lands, or any interest in lands, shall be acknowledged before any judge, clerk of a court of record, or notary public within this state” (MCL 565.8).
Notarial Acts in U.S. State or Jurisdiction
“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 that state is performed by any of the following individuals:
”(i) A notary public who is authorized to perform notarial acts in the state in which the act is performed.
”(ii) A judge, clerk, or deputy clerk of any court of record in the state in which the notarial act is performed.
”(iii) Any other individual who is authorized to perform notarial acts in the state in which the act is performed.
”(b) The signature and title of an individual described in subdivision (a)(i) to (iii) who performs a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of an individual described in subdivision (a)(i) or (ii) who performs a notarial act in another state conclusively establish the authority of the individual to perform the notarial act” (MCL 565.285a[1]).
Notarial Acts Under Authority of Federally Recognized Indian Tribe
“All of the following apply with regard to a notarial act that is performed under the authority and in the jurisdiction of a federally recognized Indian tribe:
”(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following individuals:
”(i) A notary public of the tribe.
”(ii) A judge, clerk, or deputy clerk of a court of the tribe.
”(iii) Any other individual who is authorized under the law of the tribe to perform notarial acts.
”(b) The signature and title of an individual described in subdivision (a)(i) to (iii) who performs a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of an individual described in subdivision (a)(i) or (ii) who performs a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe conclusively establish the authority of the individual to perform the notarial act” (MCL 565.285a[2]).
Notarial Acts Under Federal Law
“All of the following apply with regard to a notarial act that is performed under federal law:
”(a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notary public of this state, if the act performed under federal law is performed by any of the following individuals:
”(i) A judge, clerk, or deputy clerk of a federal court.
”(ii) An individual who is in military service, or is performing duties under the authority of military service, who is authorized to perform notarial acts under federal law.
”(iii) An individual who is designated as a notarizing officer by the United States Department of State to perform notarial acts outside of the United States.
”(iv) Any other individual who is authorized by federal law to perform the notarial act.
”(b) The signature and title of an individual described in subdivision (a)(i) to (iv) who performs a notarial act under federal authority are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of an individual described in subdivision (a)(i) to (iii) who performs a notarial act under federal authority conclusively establish the authority of the individual to perform the notarial act” (MCL 55.285a[3]).
Notarial Acts in Foreign State
“(4) All of the following apply with regard to a notarial act performed by an individual under the authority and in the jurisdiction of a foreign country or a constituent unit of a foreign country:
”(a) If a notarial act is performed under authority and in the jurisdiction of a foreign country or constituent unit of the foreign country or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
”(b) If the title of office and indication of authority to perform notarial acts in a foreign country appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
”(c) The signature and official stamp of an individual who holds an office described in this subsection are prima facie evidence that the signature is genuine and the individual holds the designated title.
”(d) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign country party to the convention, conclusively establishes that the signature is genuine and that the individual holds the indicated office.
”(e) A consular authentication that is issued by an individual who is designated as a notarizing officer by the United States Department of State to perform notarial acts outside of the United States and attached to a record with respect to which the notarial act is performed conclusively establishes that the signature is genuine and that the individual holds the indicated office.
”(5) As used in this section, ‘foreign country’ means a government other than the United States, a state, or a federally recognized Indian tribe” (MCL 55.285a[4]-[5]).
AUTHENTICATION OF NOTARIAL ACTS
County Clerks
Authenticating certificates for Michigan Notaries are available from the office of the county clerk where a particular Notary has filed an oath and bond. The fee is $10 per notarial act certified (MCL 55.285[10]).
Secretary of State
Authenticating certificates for Notaries – both “certificates of authority” and apostilles – are also issued by the Michigan Secretary of State’s office, as are authenticating certificates for county clerks.
Document Requirements: For the requirements for submitting documents for authentication, including a list off common certified documents, see “Certifying a Document” on the Secretary of State’s website.
Fees: $1 per authentication for a “certificate of authority” or an apostille, payable to “State of Michigan.”
Mailing Address: Michigan Department of State
Office of the Great Seal
7064 Crowner Drive
Lansing, MI 48918Phone: 888-767-6424
In Person:
Richard H. Austin Bldg., 1st Floor
Office of the Great Seal
420 W. Allegan St.
Lansing, MIOther Walk-In Authentication Sites:
Capital Area Super!Center
3315 E. Michigan Ave.
Lansing, MI
Clinton Township Super!Center
37015 Gratiot Ave.
Clinton Township, MI
Detroit New Center Super!Center
Cadillac Place Building
3046 West Grand Blvd.
Detroit, MI
Flint Area Super!Center
5512 Fenton Road
Flint, MI
Grand Rapids Super!Center
3665 28th Street, S.E.
Grand Rapids, MI
Livonia Area Super!Center
17176 Farmington Road
Livonia, MI
Marquette County PLUS
2025 U.S. 41
West Marquette, MI
Oakland County Super!Center
1608 North Perry Road
Pontiac, MIProcedure: Mail or present in person the original notarized document(s), along with the appropriate fee. Indicate the country of destination and provide an addressed, stamped return envelope for mail returns. “If you like your documents returned via courier service, please remember to include a pre-paid air bill, showing yourself as the sender. It may take as long as 2-3 weeks before your documents are returned, depending on the mail delivery and processing time” (website, “Document Authentication”).
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