Michigan Laws 55.297 – Misconduct; civil liability; conditions
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(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:
(a) The notary public was acting within the actual or apparent scope of his or her employment.
Terms Used In Michigan Laws 55.297
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Notarial act: means any of the following:
(i) An act, whether performed with respect to a tangible or electronic record, that a notary public commissioned in this state is authorized to perform including, but not limited to, taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, or witnessing or attesting a signature performed in compliance with this act. See Michigan Laws 55.265Official misconduct: means 1 or more of the following:
(i) The exercise of power or the performance of a duty that is unauthorized, unlawful, abusive, negligent, reckless, or injurious. See Michigan Laws 55.265Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 55.265
(b) The employer had knowledge of and consented to or permitted the official misconduct.
(2) A notary public and the notary public’s sureties are not liable for the truth, form, or correctness of the contents of a record upon which the notary public performs a notarial act.