Notary

I am an attorney licensed in Michigan, am I required to post a surety bond and take an oath of office at the county clerk's office?

After April 1, 2007, attorneys who are members in good standing of the State Bar of Michigan are not required to file a surety bond. However, they must still file an oath of office with and pay a $10.00 application filing fee to the county clerk's office. Note the fee may be greater in some counties. Approximately 90 days prior to the expiration of notary public commissions issued to attorneys on or after April 1, 2007, the Secretary of State will mail out a reappointment application form. By certifying continued status as an attorney in good standing with the State Bar of Michigan, you may be exempt from filing a bond and taking an oath of office with the county clerk at that time. Please check back here for more detailed information on how the procedure will work in the months immediately prior to expiration of your commission issued on or after April 1, 2007.

Can a county clerk certify that a document is a true copy? If so, does the original document have to be maintained in that office?

Yes, a county clerk can certify that a document is a true copy if it is a document maintained in the county clerk's office. The general principle is that the original document, which is used to make the copy, remains in the clerk's office.

What Michigan laws govern notaries public?

The Michigan Notary Public Act, 2003 PA 238, as amended, prescribes the requirements for appointment, term, eligibility, application, fees, revocation of a commission, etc. of Michigan notaries public. The Uniform Recognition of Acknowledgments Act (PA 57 of 1969, MCL 565.261, et seq.) also contains provisions pertaining to notaries public.

Employers who are personally worth $10,000 currently act as surety. Can this continue?

No, a company licensed to do business in Michigan must issue a surety bond. A search for companies licensed to issue surety bonds is available at www.michigan.gov/difs. County clerks are not required to confirm if a bond is legitimate, but if it is questionable you can check the web for verification.

What are the qualifications to become a Michigan notary public?

Be at least 18 years old;
Be a Michigan resident or maintain a place of business in Michigan;
Be a U.S. citizen or possess proof of legal presence;
Be a resident of the county (or maintain a principal place of business) in which you request appointment;
Read and write in the English language;
Be free of any felony convictions within the past 10 years;
Have not been convicted of 2 or more misdemeanor offenses involving a violation of the Michigan Notary Public Act within a 12-month period while commissioned, or 3 or more misdemeanor offenses involving a violation of this act within a 5-year period regardless of being commissioned;
Have filed with the appropriate county clerk a proper surety bond in the amount of $10,000 and taken the oath of office as prescribed by the State Constitution;
Sign a declaration that all information on application is correct, that you have read the Michigan Notary Public Act, and that you will perform all notarial acts faithfully.
Any individual currently serving a term of imprisonment in any state, county or federal correctional facility is prohibited from being appointed or serving as a notary public.

What is the application procedure?

Complete the Application: You have two options for filling out your application.
Note: It may take up to 4 to 6 weeks to process an application received by mail and up to 2 weeks to process an application submitted online.

If you would like to fill out the application online, please go to Online Services.
If you would like to fill out the application by paper, please fill out this Application completely and legibly.

An Application for Michigan Notary Public Appointment, must first be completed with your driver's license or state ID number, full name, date of birth, residential address, business address, telephone numbers, county and, if a current notary, information about your current appointment. To ensure that your appointment is accurately processed processed, print or type your name on the Commission line at the bottom of the application exactly as you intend to use it when notarizing documents. It is important that you sign the application exactly the way you wish to be appointed.

You must then obtain and file a surety bond (available through insurance agencies or bonding companies) in the amount of $10,000 with your respective county clerk. The fee for this filing at the county level is $10 (with the exception of Wayne County, which may be more). At that time, the county clerk will also administer an Oath of Office and verify that you have complied with these requirements by completing all of the areas on the Notary Public Application.

Once you have fulfilled the filing requirements at the county level, you will need to submit your application by one of the following methods:

If application was done on e-Services, you may upload the completed application and pay the $10.00 non-refundable processing fee online. As an alternative to uploading the completed application and paying the non-refundable processing fee online, you may forward the completed application with the $10.00 non-refundable processing fee (check or money order payable to the "State of Michigan") to the address listed under 2.
If application was done on paper, forward the completed application with a $10.00 non-refundable processing fee (check or money order payable to the "State of Michigan") to:

Michigan Department of State
Office of the Great Seal
7064 Crowner Drive
Lansing, MI 48918

If a notary moves out of his county of commission can he still use the "Acting In" notation?

Yes, a notary may use the "Acting in the County of ______." statement, however, a notary is only required to use that statement if performing a notarial act in a county other than the county of commission. If you move, be sure to complete a Request for Duplicate/Notice of Change form and send it to the Office of the Great Seal.

What is a surety bond?

The bond provides coverage for damages to anyone who suffers financially due to an improper official act on the part of the notary.
The surety may seek reimbursement from the notary for any damages it pays on the notary's behalf.
The Michigan Department of State is authorized to require the notary to purchase replacement bonding if the original $10,000 bond funds are depleted by damage claims.

Should notaries keep a journal?

The law does not require a notary to keep a journal or a specific type of record, but many notaries find journals useful. If you keep a journal, it is recommended that you record the signer's name, identification presented, date, and other pertinent information from each notarized document in the journal.

How do I get the $10,000 surety bond?

The cost of the surety bond will vary--generally between $50 to $100 and are available through insurance agencies or bonding companies. A search for companies licensed to issue surety bonds is available at www.michigan.gov/difs.

Is it a county clerk's responsibility to report a notary's inappropriate activity to the Department?

It is within the clerk's discretion. If you suspect inappropriate activity, you can notify the Office of the Great Seal or the county prosecutor.

Does a surety bond have to read "surety bond" or can it read "blanket bond"?

It must read "surety bond." A surety bond protects the public from damages caused by a notary's misconduct. A blanket bond protects the notary's employer.

Have surety companies been notified that the law has changed?

No. As a regulated industry, it is expected that surety companies keep themselves apprised of legislation affecting their industry.