Michigan Notary cheat sheet

A Michigan notary public is commissioned by the Secretary of State under the Michigan Notary Public Act, 2003 PA 238, MCL 55.261-55.315.

Notaries serve a 6-year term; a commission expires on the date stated on the commission certificate unless the notary resigns or is removed.

A notary may not perform a notarial act for a document in which the notary is a signer, is named as a party, or has a direct beneficial interest.

A notary may not notarize the signature of a spouse, parent, child, or sibling; relationship disqualifies the notary from acting impartially.

A notary must not use the title or seal to advertise or promote products, services, or political candidates.

Notarial fees in Michigan are capped by statute; the maximum fee is set per act and a notary may not charge more than the statutory maximum.

A notary who changes name or address must notify the Secretary of State within 10 days of the change.

Grounds for discipline or commission denial include fraud, misrepresentation, felony conviction, and improper notarial acts; the Secretary of State may revoke a commission.

A notary public is a public officer, not an attorney, and may not give legal advice or draft legal documents for others.

Acknowledgment: the signer personally appears, is identified, and acknowledges signing voluntarily; the certificate states the signer acknowledged the instrument as their free act and deed.

Jurat: the signer personally appears, is identified, and swears or affirms the truth of the contents; the certificate records the oath or affirmation and the date.

Witnessing or attestation: the notary signs as a witness to a signature or event without administering an oath.

Copy certification: the notary certifies that a copy is a true copy of an original examined by the notary; Michigan law limits which documents may be copy-certified.

Every notarial certificate must include the notary's signature, the notary's name as commissioned, the county, the date of the act, and the expiration date of the commission.

A notary must positively identify the signer by personal knowledge or by a government-issued photo ID; the ID must be current and bear a photograph and signature.

The notary must determine that the signer appears competent and signs voluntarily; the notary may refuse if the signer appears coerced or incapacitated.

A notary may not notarize a signature on a blank or incomplete document if the missing content would affect the signer's understanding of the act.

The notarial certificate must be completed at the time of the act; a notary may not backdate or postdate a certificate.

Applicants must be at least 18 years old, a Michigan resident or have a place of employment or business in Michigan, and a registered voter in the state.

Applicants must not have been convicted of a felony or certain misdemeanors within the past 10 years, subject to statutory exceptions.

The application is filed with the Secretary of State on the prescribed form and must include the applicant's residence address and county.

Applicants must obtain a surety bond in the amount set by statute, payable to the state, and file proof of the bond with the application.

A notary must take and file an oath of office; the commission is not effective until the oath and bond are filed.

The notary's commission term is 6 years; a notary may apply for reappointment before the term expires.

A notary must purchase an official seal or stamp; the seal must show the notary's name, the words 'Notary Public,' the county, and the state.

An applicant must submit to a background check and disclose any criminal history on the application; false statements are grounds for denial.

The Secretary of State may deny, suspend, or revoke a commission after notice and hearing for misconduct, incompetence, or failure to comply with the Act.

Michigan law requires a notary to keep a journal of notarial acts; the journal must be retained for the duration of the commission and for a period after.

Each journal entry must record the date and time of the act, the type of act, the signer's name and address, and the identification used.

The journal must record the signature of the signer and the fee charged for the act, if any.

A notary must permit inspection of the journal by the Secretary of State or a law enforcement officer upon request.

The journal is a public record for limited purposes; a notary may provide a certified copy of an entry to a person who has a legitimate interest.

A notary must not record the signer's identification number or other sensitive information beyond what the statute requires.

If a journal is lost, stolen, or destroyed, the notary must report the loss to the Secretary of State.

A notary must surrender the journal to the Secretary of State upon resignation, revocation, or expiration of the commission, if required.

Electronic notarial records must be maintained in a tamper-evident format and be accessible for inspection.