Section 55.300 – Investigation by Secretary of State; Complaint.
55.300 Investigation by secretary of state; complaint. Sec. 40. (1) The secretary may, on his or her own initiative or in response to a complaint, make a reasonable and necessary investigation within or outside of this state and gather evidence concerning a person who violated, allegedly violated, or is about to violate this act, a […]
Section 55.300a – Penalties; Evidence; Notice and Hearing; Revocation of Commission; Fine.
55.300a Penalties; evidence; notice and hearing; revocation of commission; fine. Sec. 40a. (1) An applicant for an appointment or a commissioned notary public who has engaged in conduct prohibited by this act, a rule promulgated under this act, or an order issued under this act is subject to 1 or more of the following penalties, […]
Section 55.301 – Automatic Revocation; Violation as Felony; Notification of Conviction.
55.301 Automatic revocation; violation as felony; notification of conviction. Sec. 41. (1) If an individual commissioned as a notary public in this state is convicted of a felony or of a substantially corresponding violation of another state, the secretary shall automatically revoke the notary public commission of that individual on the date that the individual’s […]
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, […]