Section 55.303 – Reapplication After Revocation; Unpaid Fine.
55.303 Reapplication after revocation; unpaid fine. Sec. 43. (1) Cancellation of a commission is without prejudice to reapplication at any time. Except as otherwise provided for in section 41(3), a person whose commission is revoked is ineligible for the issuance of a new commission for at least 5 years. (2) A fine imposed under this […]
Section 55.305 – Injunction or Restraining Order.
55.305 Injunction or restraining order. Sec. 45. (1) Whenever it appears to the secretary that a person has engaged or is about to engage in an act or practice that constitutes or will constitute a violation of this act, a rule promulgated under this act, or an order issued under this act, the attorney general […]
Section 55.307 – Presumption.
55.307 Presumption. Sec. 47. (1) Subject to subsection (2) and in the courts of this state, the certificate of a notary public of official acts performed in the capacity of a notary public, under the seal of office, is presumptive evidence of the facts contained in the certificate except that the certificate is not evidence […]
Section 55.309 – Violation as Misdemeanor or Felony; Jurisdiction; Penalties and Remedies as Cumulative.
55.309 Violation as misdemeanor or felony; jurisdiction; penalties and remedies as cumulative. Sec. 49. (1) Except as otherwise provided for in section 41(4) or as provided by law, a person who violates this act is guilty of 1 of the following: (a) Except as provided in subdivision (b), a misdemeanor punishable by a fine of […]
Section 55.286c – Use of 2-Way Real-Time Audiovisual Technology; Requirements; Signing in Counterparts; Applicability of Section; Presumed Compliance.
55.286c Use of 2-way real-time audiovisual technology; requirements; signing in counterparts; applicability of section; presumed compliance. Sec. 26c. (1) Notwithstanding any other provision of this act, a notary public may utilize a 2-way real-time audiovisual technology to perform notarial acts electronically if all of the following requirements are met: (a) The 2-way real-time audiovisual technology […]
Section 55.311 – Notary Fees Fund.
55.311 Notary fees fund. Sec. 51. (1) The notary fees fund is created in the state treasury. Except as otherwise provided in sections 15(2) and 21(4), an application processing fee, duplicate notary public certificate of appointment processing fee, certification processing fee, copying processing fee, reimbursement costs, or administrative fine collected under this act by the […]
Section 55.286d – Use of Electronic Records and Signatures; Use of 2-Way Real-Time Audiovisual Technology; Applicability of Section.
55.286d Use of electronic records and signatures; use of 2-way real-time audiovisual technology; applicability of section. Sec. 26d. (1) Beginning April 30, 2020, it is the intent of the legislature that, governmental agencies and officials of this state are encouraged to use or permit the use of electronic records and electronic signatures to transact business, […]
Section 55.313 – Maintenance of Records.
55.313 Maintenance of records. Sec. 53. 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 […]
Section 55.287 – Signature of Notary Public; Statements; Stamp, Seal, or Electronic Process; Effect of Illegible Statement.
55.287 Signature of notary public; statements; stamp, seal, or electronic process; effect of illegible statement. Sec. 27. (1) 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 […]
Section 55.314 – Application of Act.
55.314 Application of act. Sec. 54. This act modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of […]