Section 55.291 – Notary Public; Prohibited Conduct.
55.291 Notary public; prohibited conduct. Sec. 31. (1) A notary public shall not certify or notarize that a record is either of the following: (a) An original. (b) A true copy of another record. (2) A notary public shall not do any of the following: (a) Perform a notarial act upon any record executed by […]
Section 55.293 – Person With Physical Limitations; Signature by Notary Public.
55.293 Person with physical limitations; signature by notary public. Sec. 33. A notary public may sign the name of a person whose physical characteristics limit his or her capacity to sign or make a mark on a record presented for notarization under all of the following conditions: (a) The notary public is orally, verbally, physically, […]
Section 55.295 – Request by Secretary of State; Failure to Respond.
55.295 Request by secretary of state; failure to respond. Sec. 35. (1) Upon receiving a written or electronic request from the secretary, a notary public shall do all of the following as applicable: (a) Furnish the secretary with a copy of the notary public’s records that relate to the request. (b) Within 15 days after […]
Section 55.297 – Misconduct; Civil Liability; Conditions.
55.297 Misconduct; civil liability; conditions. Sec. 37. (1) For the official misconduct of a notary public, the notary public and the sureties on the notary public’s surety bond are liable in a civil action for the damages sustained by the persons injured. The employer of a notary public is also liable if both of the […]
Section 55.299 – Violations of Notary Public Laws.
55.299 Violations of notary public laws. Sec. 39. The secretary may investigate, or cause to be investigated by local authorities, the administration of notary public laws and shall report violations of the notary public laws and rules to the attorney general or prosecuting attorney, or both, for prosecution. History: 2003, Act 238, Eff. Apr. 1, […]
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 […]