July 2, 2003, Introduced by Reps. Taub, Huizenga, Minore, Ward, Stakoe, Stahl, Moolenaar, Gaffney, DeRossett, Garfield, Nofs, Wenke and Hoogendyk and referred to the Committee on Local Government and Urban Policy.
A bill to provide for the qualification, appointment, and
regulation of notaries; to provide for the levy, assessment, and
collection of certain service charges and fees and to provide for
their disposition; to create certain funds for certain purposes;
to provide for liability for certain persons; to provide for the
admissibility of certain evidence; to prescribe powers and duties
of certain state agencies and local officers; to provide for
remedies and penalties; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act shall be known and may be cited as the
2 "Michigan notary public act".
3 Sec. 3. As used in this act:
4 (a) "Acknowledgment" means the confirmation by a person in
5 the presence of a notary public that he or she is placing or has
6 placed his or her signature on a record for the purposes stated
1 in the record and, if the record is signed in a representative
2 capacity, that he or she is placing or has placed his or her
3 signature on the record with the proper authority and in the
4 capacity of the person represented and identified in the record.
5 (b) "Cancellation" means the nullification of a notary public
6 commission due to an error or defect or because the notary public
7 is no longer entitled to the commission.
8 (c) "Department" means the department of state.
9 (d) "Electronic" means that term as defined in the uniform
10 electronic transactions act, 2000 PA 305, MCL 450.831 to
11 450.849.
12 (e) "Electronic signature in global and national commerce
13 act" means Public Law 106-229, 114 Stat. 464.
14 (f) "Information" means that term as defined in the
15 electronic signature in global and national commerce act.
16 (g) "In a representative capacity" means any of the
17 following:
18 (i) For and on behalf of a corporation, partnership, trust,
19 association, or other legal entity as an authorized officer,
20 agent, partner, trustee, or other representative of the entity.
21 (ii) As a public officer, personal representative, guardian,
22 or other representative in the capacity recited in the document.
23 (iii) As an attorney in fact for a principal.
24 (iv) In any other capacity as an authorized representative of
25 another person.
26 (h) "In the presence of" means in compliance with section
27 101(g) of title I of the electronic signature in global and
1 national commerce act, 15 U.S.C. 7001.
2 Sec. 5. As used in this act:
3 (a) "Jurat" means a certification by a notary public that a
4 signer, whose identity is personally known to the notary public
5 or proven on the basis of satisfactory evidence, has made in the
6 presence of the notary public a voluntary signature and taken an
7 oath or affirmation vouching for the truthfulness of the signed
8 record.
9 (b) "Notarial act" means any act that a notary public
10 commissioned in this state is authorized to perform including,
11 but not limited to, the taking of an acknowledgment, the
12 administration of an oath or affirmation, the taking of a
13 verification upon oath or affirmation, and the witnessing or
14 attesting a signature performed in compliance with this act and
15 the uniform recognition of acknowledgments act, 1969 PA 57, MCL
16 565.261 to 565.270.
17 (c) "Notify" means to communicate or send a message by a
18 recognized mail, delivery service, or electronic means.
19 (d) "Official misconduct" means either or both of the
20 following:
21 (i) The exercise of power or the performance of a duty that
22 is unauthorized, unlawful, abusive, negligent, reckless, or
23 injurious.
24 (ii) The charging of a fee that exceeds the maximum amount
25 authorized by law.
26 (e) "Person" means every natural person, corporation,
27 partnership, trust, association, or other legal entity and its
1 legal successors.
2 (f) "Record" means that term as defined in the uniform
3 electronic transactions act, 2000 PA 305, MCL 450.831 to
4 450.849.
5 (g) "Revocation" means the termination of a notary public's
6 commission.
7 Sec. 7. As used in this act:
8 (a) "Secretary" means the secretary of state acting directly
9 or through his or her duly authorized deputies, assistants, and
10 employees.
11 (b) "Signature" means a person's written or printed name or
12 electronic signature as that term is defined in the uniform
13 electronic transactions act, 2000 PA 305, MCL 450.831 to 450.849,
14 or the person's mark attached to or logically associated with a
15 record including, but not limited to, a contract and executed or
16 adopted by the person with the intent to sign the record.
17 (c) "Suspension" means the temporary withdrawal of the
18 notary's commission to perform notarial acts during the period of
19 the suspension.
20 (d) "Verification upon oath or affirmation" means the
21 declaration by oath or affirmation that a statement is true.
22 Sec. 9. (1) The secretary may appoint as a notary public a
23 person who complies with the requirements of this act.
24 (2) A notary public may reside in, move to, and perform
25 notarial acts anywhere in this state from the date of appointment
26 until the notary's birthday occurring not less than 6 years and
27 not more than 7 years after the date of his or her appointment
1 unless the appointment is canceled, suspended, or revoked by the
2 secretary or by operation of law.
3 (3) The secretary shall not appoint as a notary public a
4 person who is serving a term of imprisonment in a state
5 correctional facility or jail in this or any other state or in a
6 federal correctional facility.
7 Sec. 11. (1) The secretary may appoint as a notary public a
8 person who applies to the secretary and meets all of the
9 following qualifications:
10 (a) Is at least 18 years of age.
11 (b) Is a resident of this state or maintains a principal
12 place of business in this state.
13 (c) Reads and writes in the English language.
14 (d) Is free of any felony convictions, misdemeanor
15 convictions, and violations as described in section 41.
16 (e) For a person who does not reside in the state of
17 Michigan, demonstrates that his or her principal place of
18 business is located in the county in which he or she requests
19 appointment and indicates that he or she is engaged in an
20 activity in which he or she is likely to be required to perform
21 notarial acts as that word is defined in section 2 of the uniform
22 recognition of acknowledgments act, 1969 PA 57, MCL 565.262.
23 (f) Has filed with the county clerk of his or her county of
24 residence or expected appointment a proper surety bond and has
25 taken the oath as prescribed by the constitution.
26 (2) The secretary shall, on a monthly basis, notify the
27 county clerk's office of the appointment of any notaries.
1 Sec. 13. (1) Within 90 days before filing an application
2 for a notary public appointment, a person shall file with the
3 county clerk of his or her residence or expected residence a
4 proper surety bond and take the oath prescribed by the
5 constitution.
6 (2) The bond shall be in the sum of $25,000.00 with good and
7 sufficient surety by a surety licensed to do business in this
8 state. The bond shall be conditioned upon indemnifying or
9 reimbursing a person, financing agency, or governmental agency
10 for monetary loss caused through the official misconduct of the
11 notary public in the performance of a notarial act. The surety
12 is required to indemnify or reimburse only after a judgment based
13 on official misconduct has been entered in a court of competent
14 jurisdiction against the notary public. The aggregate liability
15 of the surety shall not exceed the sum of the bond. The surety
16 on the bond may cancel the bond 60 days after the surety notifies
17 the notary, the secretary in a format prescribed by the
18 secretary, and the county clerk of the cancellation. The surety
19 is not liable for a breach of a condition occurring after the
20 effective date of the cancellation. The county clerk shall not
21 accept the personal assets of an applicant as security for a
22 surety bond under this act.
23 (3) Each person who files an oath and bond with a county
24 clerk as required in subsection (1) shall pay a $10.00 filing fee
25 to the county clerk. Upon receipt of the filing fee, the county
26 clerk shall give a bond and oath certificate of filing to the
27 person as prescribed by the secretary. A charter county with a
1 population of more than 2,000,000 may impose by ordinance a fee
2 for the county clerk's services different than the amount
3 prescribed by this subsection. Two dollars of each fee collected
4 under this subsection shall be deposited into the notary
5 education and training fund established in section 17.
6 Sec. 15. (1) A person shall apply to the secretary for
7 appointment as a notary public in a format as prescribed by the
8 secretary. An application for appointment as a notary public
9 shall contain the signature of the applicant. In addition to
10 other information as may be required by the secretary, the
11 application shall include all of the following:
12 (a) The applicant's name, residence address, business
13 address, date of birth, and residence and business telephone
14 numbers.
15 (b) The applicant's driver license or state personal
16 identification card number.
17 (c) A copy of the bond and oath certificate of filing
18 received from the county clerk.
19 (d) If applicable, a statement showing whether the applicant
20 has previously applied for an appointment as a notary public in
21 this or any other state, the result of the application, and
22 whether the applicant has ever been the holder of a notary public
23 appointment that was revoked, suspended, or canceled in this or
24 any other state.
25 (e) A statement describing the date and circumstances of any
26 felony or other conviction of the applicant during the preceding
27 10 years.
1 (f) A declaration that the applicant is a citizen of the
2 United States or proof of the applicant's legal residency in this
3 country.
4 (g) An affirmation by the applicant that the application is
5 correct, that the applicant has read this act, and that the
6 applicant will perform his or her notarial acts faithfully.
7 (2) Each application shall be accompanied by an application
8 fee of $10.00. One dollar of each fee collected under this
9 subsection shall be deposited into the notary education and
10 training fund established in section 17.
11 (3) Upon receipt of an application that is accompanied by
12 the prescribed service charge, the secretary may inquire as to
13 the qualifications of the applicant and shall determine whether
14 the applicant meets the qualifications prescribed in this act.
15 To assist in deciding whether the applicant is qualified, the
16 secretary may use the law enforcement information network as
17 provided in the L.E.I.N. policy council act of 1974, 1974 PA 163,
18 MCL 28.211 to 28.216, to check the criminal background of the
19 applicant.
20 (4) After approval of the application, the secretary shall
21 mail directly to the applicant the certificate of appointment as
22 a notary public. Each certificate of appointment shall identify
23 the person as a notary public of this state and shall specify the
24 term of the person's commission.
25 Sec. 17. (1) The notary education and training fund is
26 created within the state treasury. Money from fees collected
27 under sections 13(3), 15(2), and 21(4) shall be deposited into
1 the fund.
2 (2) The state treasurer may receive money or other assets
3 from any source for deposit into the fund. The state treasurer
4 shall direct the investment of the fund. The state treasurer
5 shall credit to the fund interest and earnings from fund
6 investments.
7 (3) Money in the fund at the close of the fiscal year shall
8 remain in the fund and shall not lapse to the general fund.
9 (4) The secretary shall expend money from the fund in the
10 form of grants, upon appropriation, for the purposes of providing
11 education and training programs for county clerks and their
12 staffs including, but not limited to, notary responsibilities,
13 election worker training, and election processes. The secretary
14 shall consult with the president of the Michigan association of
15 county clerks, or his or her designee, when approving grant
16 applications under this section.
17 Sec. 19. (1) The secretary shall not automatically
18 reappoint a notary public.
19 (2) A person desiring another notary public appointment may
20 apply to the secretary, in a format prescribed by the secretary,
21 for an original appointment as a notary public. The application
22 may be made not more than 60 days before the expiration of his or
23 her current notary public commission.
24 (3) The secretary shall automatically cancel the notary
25 public commission of any person who makes, draws, utters, or
26 delivers any check, draft, or order for the payment of a service
27 charge under this act that is not honored by the bank, financial
1 institution, or other depository expected to pay the check,
2 draft, or order for payment upon its first presentation.
3 Sec. 21. (1) A notary public shall immediately apply to the
4 secretary, in a format prescribed by the secretary, for a
5 corrected notary public commission upon the occurrence of any of
6 the following circumstances:
7 (a) A change in the notary public's name.
8 (b) A change in the notary public's residence or business
9 address.
10 (c) The issuance by the secretary of a notary public
11 commission that contains an error in the person's name, birth
12 date, county, or other pertinent information if the error was
13 made on the notary public's application and was used by the
14 secretary to appoint the person as a notary public.
15 (2) A notary public shall immediately notify both the
16 secretary and the county clerk of his or her appointment, in a
17 format prescribed by the secretary, upon any change in the
18 factual information stated in the notary public's application for
19 appointment.
20 (3) The secretary shall notify the county clerk of the
21 applicant's appointment when a corrected commission is issued by
22 the secretary.
23 (4) If a notary public's certificate of appointment becomes
24 lost, mutilated, or illegible, the notary public shall promptly
25 apply to the secretary for the issuance of a duplicate
26 certificate. The application shall be made on a form prescribed
27 by the secretary and be accompanied by a fee of $10.00. One
1 dollar of each fee collected under this subsection shall be
2 deposited into the notary education and training fund established
3 in section 17.
4 Sec. 23. Before a notary public performs any notarial act,
5 the notary public shall obtain and read a copy of all the current
6 statutes of this state that regulate notarial acts.
7 Sec. 25. (1) A notary public may perform notarial acts that
8 include, but are not limited to, the following:
9 (a) Taking acknowledgments.
10 (b) Administering oaths and affirmations.
11 (c) Witnessing or attesting to a signature.
12 (2) In taking an acknowledgment, the notary public shall
13 determine, either from personal knowledge or from satisfactory
14 evidence, that the person in the presence of the notary public
15 and making the acknowledgment is the person whose signature is on
16 the record.
17 (3) In taking a verification upon oath or affirmation, the
18 notary public shall determine, either from personal knowledge or
19 from satisfactory evidence, that the person in the presence of
20 the notary public and making the verification is the person whose
21 signature is on the record being verified.
22 (4) In witnessing or attesting to a signature, the notary
23 public shall determine, either from personal knowledge or from
24 satisfactory evidence, that the signature is that of the person
25 in the presence of the notary public and is the person named in
26 the record.
27 (5) In all matters where the notary public takes a
1 verification upon oath or affirmation, or witnesses or attests to
2 a signature, the notary public shall require that the person sign
3 the record being verified, witnessed, or attested in the presence
4 of the notary public.
5 (6) A notary public has satisfactory evidence that a person
6 is the person whose signature is on a record if that person is
7 any of the following:
8 (a) Personally known to the notary public.
9 (b) Identified upon the oath or affirmation of a credible
10 witness personally known by the notary public and who personally
11 knows the person.
12 (c) Identified on the basis of a current license,
13 identification card, or record issued by a federal or state
14 government that contains the person's photograph and signature.
15 (7) The fee charged by a notary public for performing a
16 notarial act shall not be more than $10.00 for any individual
17 transaction or notarial act. A notary public shall either
18 conspicuously display a sign or expressly advise a person
19 concerning the fee amount to be charged for a notarial act before
20 the notary public performs the act. Before the notary public
21 commences to travel in order to perform a notarial act, the
22 notary public and client may agree concerning a separate travel
23 fee to be charged by the notary public for traveling to perform
24 the notarial act.
25 (8) A notary public may refuse to perform a notarial act.
26 (9) The secretary shall prescribe the form that a notary
27 public shall use for a jurat, the taking of an acknowledgment,
1 the administering of an oath or affirmation, the taking of a
2 verification upon an oath or affirmation, the witnessing or
3 attesting to a signature, or any other act that a notary public
4 is authorized to perform in this state.
5 (10) A county clerk may collect a service charge fee of
6 $10.00 for certifying a notarial act of a notary public.
7 Sec. 27. (1) A notary public shall place his or her
8 signature on every record upon which he or she performs a
9 notarial act. The notary public shall sign his or her name
10 exactly as his or her name appears on his or her notary public
11 certificate of appointment received from the secretary.
12 (2) On each record that a notary public performs a notarial
13 act and immediately near the notary public's signature, as is
14 practical, the notary public shall print, type, stamp, or
15 otherwise imprint mechanically or electronically clearly and
16 legibly and in a manner capable of photographic reproduction all
17 of the following:
18 (a) The name of the notary public exactly as it appears on
19 his or her notary public certificate of appointment.
20 (b) The statement: "Notary public, State of Michigan, County
21 of __________.".
22 (c) The statement: "My commission expires __________.".
23 (d) The statement: "Acting in the County of __________.".
24 (3) A notary public may use a stamp seal or electronic
25 process that contains, at a minimum, all of the information
26 required by subsection (2). However, the seal or process shall
27 not be used in a manner that renders anything illegible on the
1 record being notarized. An embosser alone or any other method
2 that cannot be reproduced shall not be used.
3 (4) The illegibility of the statements required in
4 subsection (2) does not affect the validity of the transaction or
5 record that was notarized.
6 Sec. 29. (1) A notary public may use a notary form set
7 forth in this section. A notary form set forth in this section
8 shall be known as a plain English notary form and may be referred
9 to by that name. A notary form set forth in this section that is
10 properly executed is considered sufficient to accomplish its
11 stated purpose under the law of this state. This section does
12 not prohibit the use of other notary forms.
13 (2) An affidavit or sworn statement may be substantially in
14 the following form:
15 SWORN STATEMENT OF MARY DOE
16 I, Mary Doe, (explanation of who Mary Doe is, followed by
17 statements of fact made my Mary Doe).
18 Signature of Mary Doe
19 Mary Doe
20 Signed and sworn to before me in ______________ County, Michigan,
21 on ______________, ______ (year).
22 Notary's Notary's
23 Stamp ___________________ Signature____________
24 (Notary's name, county, acting in
25 county, and date commission expires)
26 (3) An acknowledgment for an individual acting in his or her
27 own behalf may be substantially in the following form:
1 Acknowledged before me in __________ County, Michigan, on
2 __________, ______ (year) by Mary Doe.
3 Notary's Notary's
4 Stamp ___________________ Signature____________
5 (Notary's name, county, acting in
6 county, and date commission expires)
7 (4) An acknowledgment for a copartnership may be
8 substantially in the following form:
9 Acknowledged before me in __________ County, Michigan, on
10 __________, ______ (year) by Mary Doe, partner of X partnership,
11 a Michigan copartnership, for the copartnership.
12 Notary's Notary's
13 Stamp ___________________ Signature____________
14 (Notary's name, county, acting in
15 county, and date commission expires)
16 (5) An acknowledgment for a limited partnership may be
17 substantially in the following form:
18 Acknowledged before me in __________ County, Michigan, on
19 __________, ______ (year) by Mary Doe, general partner of X
20 partnership, a Michigan limited partnership, for the limited
21 partnership.
22 Notary's Notary's
23 Stamp ___________________ Signature____________
24 (Notary's name, county, acting in
25 county, and date commission expires)
26 (6) An acknowledgment for a corporation may be substantially
27 in the following form:
1 Acknowledged before me in __________ County, Michigan, on
2 __________, ______ (year) by Mary Doe, president of X company, a
3 Michigan corporation, for the corporation.
4 Notary's Notary's
5 Stamp ___________________ Signature____________
6 (Notary's name, county, acting in
7 county, and date commission expires)
8 (7) An acknowledgment for a limited liability company may be
9 substantially in the following form:
10 Acknowledge before me in __________ County, Michigan, on
11 __________, ______ (year) by Mary Doe, member of X company, a
12 Michigan limited liability company, for the company.
13 Notary's Notary's
14 Stamp ___________________ Signature____________
15 (Notary's name, county, acting in
16 county, and date commission expires)
17 (8) An acknowledgment for a public officer may be
18 substantially in the following form:
19 Acknowledged before me in __________ County, Michigan, on
20 __________, ______ (year) by Mary Doe, director of the Michigan
21 department of X.
22 Notary's Notary's
23 Stamp ___________________ Signature____________
24 (Notary's name, county, acting in
25 county, and date commission expires)
26 (9) An acknowledgment for a trustee may be substantially in
27 the following form:
1 Acknowledged before me in __________ County, Michigan, on
2 __________, ______ (year) by Mary Doe, trustee of the X trust.
3 Notary's Notary's
4 Stamp ___________________ Signature____________
5 (Notary's name, county, acting in
6 county, and date commission expires)
7 (10) An acknowledgment for a personal representative may be
8 substantially in the following form:
9 Acknowledged before me in __________ County, Michigan, on
10 __________, ______ (year) by Mary Doe, personal representative of
11 the estate of John Doe.
12 Notary's Notary's
13 Stamp ___________________ Signature____________
14 (Notary's name, county, acting in
15 county, and date commission expires)
16 Sec. 31. (1) A notary public shall not certify or notarize
17 that a record is either of the following:
18 (a) An original.
19 (b) A true copy of another record.
20 (2) A notary public shall not do any of the following:
21 (a) Perform a notarial act upon any record executed by
22 himself or herself.
23 (b) Notarize his or her own signature.
24 (c) Take his or her own deposition or affidavit.
25 (3) A notary public shall not perform any notarial act in
26 connection with a transaction if the notary public has a conflict
27 of interest. As used in this subsection, "conflict of interest"
1 means either or both of the following:
2 (a) The notary public has a direct financial or beneficial
3 interest, other than the notary public fee, in the transaction.
4 (b) The notary public is named, individually, as a grantor,
5 grantee, mortgagor, mortgagee, trustor, trustee, beneficiary,
6 vendor, vendee, lessor, or lessee or as a party in some other
7 capacity to the transaction.
8 (4) A notary public shall not perform a notarial act for a
9 spouse, domestic partner, descendant, or sibling including
10 in-laws, steps, or half-relatives.
11 (5) A notary public shall not perform any notarial act on a
12 record that contains a blank space.
13 (6) A notary public who is a stockholder, director, officer,
14 or employee of a bank or other corporation shall not take the
15 acknowledgment of a party to a record executed to or by the
16 corporation, or to administer an oath to any other stockholder,
17 director, officer, employee, or agent of the corporation. A
18 notary public shall not take the acknowledgment of a record by or
19 to a bank or other corporation of which he or she is a
20 stockholder, director, officer, or employee, under circumstances
21 where the notary public is named as a party to the record, either
22 individually or as a representative of the bank or other
23 corporation and the notary public is individually a party to the
24 record.
25 (7) For purposes of subsection (3), a notary public has no
26 direct financial or beneficial interest in a transaction where
27 the notary public acts in the capacity of an agent, employee,
1 insurer, attorney, escrow, or lender for a person having a direct
2 financial or beneficial interest in the transaction.
3 Sec. 33. A notary public may sign the name of a person
4 whose physical characteristics limit his or her capacity to sign
5 or make a mark on a record presented for notarization under all
6 of the following conditions:
7 (a) The notary public is orally, verbally, physically, or
8 through electronic or mechanical means provided by the person and
9 directed by that person to sign that person's name.
10 (b) The person is in the physical presence of the notary
11 public.
12 (c) The notary public inscribes beneath the signature:
13 "Signature affixed pursuant to section 33 of the Michigan
14 notary public act.".
15 Sec. 35. (1) Upon receiving a written or electronic request
16 from the secretary, a notary public shall do all of the following
17 as applicable:
18 (a) Furnish the secretary with a copy of the notary public's
19 records that relate to the request.
20 (b) Within 15 days after receiving the request, respond to
21 the secretary with information that relates to the official acts
22 performed by the notary public.
23 (c) Permit the secretary to inspect his or her notary public
24 records, contracts, or other information that pertains to the
25 official acts of a notary public.
26 (2) Upon presentation to the secretary of satisfactory
27 evidence that a notary public has failed to respond within 15
1 days or another time period designated under this act to a
2 request of the secretary under subsection (1), the secretary may
3 notify the notary public that his or her notary public commission
4 is suspended indefinitely until he or she provides a satisfactory
5 response to the request.
6 Sec. 37. (1) For the official misconduct of a notary
7 public, the notary public and the sureties on the notary public's
8 surety bond are liable in a civil action for the damages
9 sustained by the persons injured. The employer of a notary
10 public is also liable if both of the following conditions apply:
11 (a) The notary public was acting within the actual or
12 apparent scope of his or her employment.
13 (b) The employer had knowledge of and consented to or
14 permitted the official misconduct.
15 (2) A notary public and the notary public's sureties are not
16 liable for the truth, form, or correctness of the contents of a
17 record upon which the notary public performs a notarial act.
18 Sec. 39. The secretary may investigate, or cause to be
19 investigated by local authorities, the administration of notary
20 public laws and shall report violations of the notary public laws
21 and rules to the attorney general or prosecuting attorney, or
22 both, for prosecution.
23 Sec. 41. (1) If a notary public of this state is convicted
24 of a felony or of a substantially corresponding violation of
25 another state, the secretary shall automatically revoke the
26 notary public commission of that person on the date that the
27 person's felony conviction is entered.
1 (2) If a notary public of this state is convicted of 2 or
2 more misdemeanor offenses involving a violation of this act
3 within a 12-month period while commissioned, or of 3 or more
4 misdemeanor offenses involving a violation of this act within a
5 5-year period regardless of being commissioned, the secretary
6 shall automatically revoke the notary public commission of that
7 person on the date that the person's most recent misdemeanor
8 conviction is entered.
9 (3) If a person holding office as a notary public is
10 sentenced to a term of imprisonment in a state correctional
11 facility or jail in this or any other state or in a federal
12 correctional facility, that person's commission as a notary
13 public is revoked automatically on the day on which the person
14 begins serving the sentence in the jail or correctional
15 facility. If a person's commission as a notary public is revoked
16 because the person begins serving a term of imprisonment and that
17 person performs or attempts to perform a notarial act while
18 imprisoned, that person is not eligible to receive a commission
19 as a notary public for at least 10 years after the person
20 completes his or her term of imprisonment.
21 (4) A person found guilty of performing a notarial act after
22 his or her commission is revoked under this section is guilty of
23 a felony punishable by a fine of not more than $3,000.00 or by
24 imprisonment for not more than 5 years, or both.
25 (5) A person, regardless of whether he or she has ever been
26 commissioned as a notary public, that is convicted of a felony is
27 disqualified from being commissioned as a notary public for not
1 less than 10 years after the person completes his or her sentence
2 for that crime, including any term of imprisonment, parole, or
3 probation, and pays all fines, costs, and assessments. As used
4 in this section, a "felony" means a violation of a penal law of
5 this state, another state, or the United States for which the
6 offender, upon conviction, may be punished by death or
7 imprisonment for more than 1 year or an offense expressly
8 designated by law to be a felony.
9 (6) If a person is convicted of a violation described in
10 subsection (5), the court shall make a determination of whether
11 the person is a notary. If the person is a notary, the court
12 shall inform the secretary of the conviction.
13 Sec. 43. (1) Cancellation of a commission is without
14 prejudice to reapplication at any time. Except as otherwise
15 provided for in section 41(3), a person whose commission is
16 revoked is ineligible for the issuance of a new commission for at
17 least 5 years.
18 (2) A fine imposed under this act that remains unpaid for
19 more than 180 days may be referred to the department of treasury
20 for collection. The department of treasury may collect the fine
21 by deducting the amount owed from a payroll or tax refund
22 warrant. The secretary may bring an action in a court of
23 competent jurisdiction to recover the amount of a civil fine.
24 Sec. 45. (1) Whenever it appears to the secretary that a
25 person has engaged or is about to engage in an act or practice
26 that constitutes or will constitute a violation of this act, a
27 rule promulgated under this act, or an order issued under this
1 act, the attorney general may petition a circuit court for
2 injunctive relief. Upon a proper showing, a circuit court may
3 issue a permanent or temporary injunction or restraining order to
4 enforce the provisions of this act. A party to the action has
5 the right to appeal within 60 days from the date the order or
6 judgment of the court was issued.
7 (2) The court may order a person subject to an injunction or
8 restraining order provided for in this section to reimburse the
9 secretary for the actual expenses incurred in the investigation
10 related to the petition. The secretary shall refund any amount
11 received as reimbursement should the injunction or restraining
12 order later be dissolved by an appellate court.
13 Sec. 47. (1) Subject to subsection (2) and in the courts of
14 this state, the certificate of a notary public of official acts
15 performed in the capacity of a notary public, under the seal of
16 office, is presumptive evidence of the facts contained in the
17 certificate except that the certificate is not evidence of a
18 notice of nonacceptance or nonpayment in any case in which a
19 defendant attaches to his or her pleadings an affidavit denying
20 the fact of having received that notice of nonacceptance or
21 nonpayment.
22 (2) Notwithstanding subsection (1), the court may invalidate
23 any document not notarized in compliance with this act.
24 Sec. 49. (1) Except as otherwise provided for in section
25 41(4) or as provided by law, a person who violates this act is
26 guilty of a misdemeanor punishable by a fine of not more than
27 $5,000.00 or by imprisonment for not more than 1 year, or both.
1 (2) An action concerning a fee charged for a notarial act
2 shall be filed in the district court in the place where the
3 notarial act occurred.
4 (3) The penalties and remedies under this act are
5 cumulative. The bringing of an action or prosecution under this
6 act does not bar an action or prosecution under any other
7 applicable law.
8 Sec. 51. Except as otherwise provided in sections 13(3),
9 15(2), and 21(4), an application fee, duplicate notary public
10 certificate of appointment service charge, certification service
11 charge, copying service charge, reimbursement costs, or
12 administrative fine collected under this act by the secretary
13 shall be deposited by the state treasurer in the general fund and
14 be appropriated first to defray the costs incurred by the
15 secretary in administering this act.
16 Sec. 53. A person, or the personal representative of a
17 person who is deceased, who performed a notarial act while
18 commissioned as a notary public under this act shall maintain all
19 the records of that notarial act for at least 5 years after the
20 date of the notarial act.
21 Sec. 55. The secretary may promulgate rules pursuant to the
22 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
23 24.328, to implement this act.
24 Enacting section 1. The following acts and parts of acts
25 are repealed effective January 1, 2004:
26 (a) Executive Reorganization Order No. 1980-2, MCL 55.103.
27 (b) Sections 107, 108, 109, 110, 111, 112, 112a, 113, 114,
1 115, 116, and 117 of 1846 RS 14, MCL 55.107, 55.108, 55.109,
2 55.110, 55.111, 55.112, 55.112a, 55.113, 55.114, 55.115, 55.116,
3 and 55.117.
4 (c) 1903 PA 18, MCL 55.221.
5 (d) 1909 PA 18, MCL 55.251.
6 (e) Section 2564 of the revised judicature act of 1961, 1961
7 PA 236, MCL 600.2564.
8 Enacting section 2. This act takes effect January 1, 2004.