(5) A notary public who is not a licensed attorney and who advertises notarial services in a language other
than English shall include in the document, advertisement, stationery, letterhead, business card, or other
comparable written material the following, prominently displayed in the same language:
(a) The statement: "I am not an attorney and have no authority to give advice on immigration or other legal
matters".
(b) The fees for notarial acts as specified by statute.
(6) A notary public may not use the term "notario publico" or any equivalent non-English term in any
business card, advertisement, notice, or sign.
(7) A notary public shall not perform any notarial act in connection with a transaction if the notary public
has a conflict of interest. As used in this subsection, "conflict of interest" means either or both of the
following:
(a) The notary public has a direct financial or beneficial interest, other than the notary public fee, in the
transaction.
(b) The notary public is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee,
beneficiary, vendor, vendee, lessor, or lessee or as a party in some other capacity to the transaction.
(8) A notary public shall not perform a notarial act for a spouse, lineal ancestor, lineal descendant, or
sibling including in-laws, steps, or half-relatives.
(9) A notary public who is a stockholder, director, officer, or employee of a bank or other corporation may
take the acknowledgment of a party to a record executed to or by the corporation, or to administer an oath to
any other stockholder, director, officer, employee, or agent of the corporation. A notary public shall not take
the acknowledgment of a record by or to a bank or other corporation of which he or she is a stockholder,
director, officer, or employee, under circumstances where the notary public is named as a party to the record,
either individually or as a representative of the bank or other corporation and the notary public is individually
a party to the record.
(10) For purposes of subsection (7), a notary public has no direct financial or beneficial interest in a
transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or
lender for a person having a direct financial or beneficial interest in the transaction.
History: 2003, Act 238, Eff. Apr. 1, 2004;Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006.
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, or through electronic or mechanical means provided by
the person and directed by that person to sign that person's name.
(b) The person is in the physical presence of the notary public.
(c) The notary public inscribes beneath the signature:
“Signature affixed pursuant to section 33 of the Michigan notary public act.”.
History: 2003, Act 238, Eff. Apr. 1, 2004.
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 receiving the request, respond to the secretary with information that relates to the
official acts performed by the notary public.
(c) Permit the secretary to inspect his or her notary public records, contracts, or other information that
pertains to the official acts of a notary public if those records, contracts, or other information is maintained by
the notary public.
(2) Upon presentation to the secretary of satisfactory evidence that a notary public has failed to respond
within 15 days or another time period designated under this act to a request of the secretary under subsection
(1), the secretary may notify the notary public that his or her notary public commission is suspended
indefinitely until he or she provides a satisfactory response to the request.
History: 2003, Act 238, Eff. Apr. 1, 2004;Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006.
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 following conditions apply:
Rendered Friday, February 02, 2007 Page 8 Michigan Compiled Laws Complete Through PA 461, 463-517,
519-571, 573, 575-583, 585-588, 590-593, 595-601, 603-629,
632-656, 658-671, 675-679, 681, and 682 of 2006
Legislative Council, State of Michigan
Courtesy of www.legislature.mi.gov