Michigan Notary flashcards
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- Michigan notary commission term
- A Michigan notary public is commissioned for a term of 6 years, expiring on the date shown on the commission certificate unless the notary resigns or is removed earlier.
- Governing statute
- The Michigan Notary Public Act, 2003 PA 238, codified at MCL 55.261 through 55.315, governs notary appointment, duties, acts, and discipline in Michigan.
- Conflict of interest bar
- A notary may not perform a notarial act on a document in which the notary is a signer, a named party, or has a direct beneficial interest in the transaction.
- Family disqualification
- A notary may not notarize the signature of a spouse, parent, child, or sibling because the relationship prevents the impartiality required of a public officer.
- Fee cap
- Michigan statute sets a maximum fee a notary may charge per notarial act; charging more than the statutory maximum is a violation of the Notary Public Act.
- Change of address
- A notary who changes name or residence address must notify the Secretary of State within 10 days so the commission record remains accurate.
- Legal advice prohibition
- A notary is a public officer and not an attorney; the notary may not give legal advice, explain legal effects, or draft legal documents for others.
- Grounds for revocation
- The Secretary of State may deny, suspend, or revoke a commission for fraud, misrepresentation, felony conviction, incompetence, or improper notarial acts after notice and hearing.
- Acknowledgment certificate
- An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged signing the instrument voluntarily as their free act and deed.
- Jurat certificate
- A jurat certifies that the signer personally appeared, was identified, and swore or affirmed the truth of the document's contents before the notary on a stated date.
- Witnessing act
- Witnessing or attestation means the notary signs as a witness to a signature or event without administering an oath or taking an acknowledgment.
- Copy certification
- Copy certification is a notarial act stating that a copy is a true copy of an original the notary examined; Michigan law limits which documents may be certified.
- Required certificate elements
- Every Michigan notarial certificate must show the notary's signature, commissioned name, county, date of the act, and the expiration date of the notary's commission.
- Satisfactory identification
- A notary must identify the signer by personal knowledge or a current government-issued photo ID bearing a photograph and signature before performing the notarial act.
- Voluntary act check
- The notary must confirm the signer appears competent and signs voluntarily, and may refuse the act if the signer appears coerced, confused, or incapacitated.
- No blank documents
- A notary may not notarize a signature on a document with material blanks if the missing content would affect the signer's understanding of the act.
- No backdating
- The notarial certificate must be completed at the time of the act; a notary may not backdate or postdate a certificate or journal entry.
- Age and residency
- A Michigan notary applicant must be at least 18 years old and a Michigan resident or have a place of employment or business in Michigan.
- Voter requirement
- Michigan notary applicants must be registered voters in the state; voter registration status is part of the eligibility requirements for a commission.
- Criminal history bar
- An applicant must not have been convicted of a felony or certain misdemeanors within the past 10 years, subject to exceptions set by the Notary Public Act.
- Surety bond
- An applicant must obtain a surety bond in the amount set by statute, payable to the state, and file proof of the bond with the Secretary of State.
- Oath of office
- A notary must take and file an oath of office; the commission is not effective until both the oath and the required bond are filed.
- Official seal contents
- The notary seal or stamp must show the notary's name, the words 'Notary Public,' the county of commission, and the state of Michigan.
- Application form
- The application is filed with the Secretary of State on the prescribed form and must include the applicant's residence address and county of residence.
- Background disclosure
- An applicant must submit to a background check and disclose criminal history on the application; a false statement is grounds for denial of the commission.
- Reappointment
- A notary may apply for reappointment before the 6-year term expires; reappointment requires a new application, bond, and oath filing.
- Journal required
- Michigan law requires a notary to keep a journal of notarial acts and to retain it for the commission term and for the period required after.
- Journal entry contents
- Each entry must record the date and time, type of act, signer's name and address, identification used, signer's signature, and the fee charged.
- Journal inspection
- A notary must permit the Secretary of State or a law enforcement officer to inspect the journal upon request during an investigation or audit.
- Certified journal copies
- A notary may provide a certified copy of a journal entry to a person with a legitimate interest, but must protect sensitive identification information.
- Loss reporting
- If a journal is lost, stolen, or destroyed, the notary must report the loss to the Secretary of State and document the circumstances.
- Surrender of journal
- Upon resignation, revocation, or expiration of the commission, a notary must surrender the journal to the Secretary of State if the statute or a request requires it.