§ 55.261 Short title
§ 55.263 Definitions; A to I
§ 55.265 Definitions; J to R
§ 55.267 Definitions; S to V
§ 55.269 Notary public; appointment; extension of expiration date for 2020 through 2021
§ 55.271 Notary public; qualifications
§ 55.273 Filing; oath; bond; fee
§ 55.275 Application; format; fee; use of LEIN or ICHAT; certificate of appointment; electronic application and payment process
§ 55.277 Notary education and training fund
§ 55.279 Reappointment; licensed attorney as notary public; cause for cancellation of appointment
§ 55.281 Corrected notary public commission
§ 55.283 Obtaining and reading state statutes
§ 55.285 Performance of notarial acts; scope; verification
§ 55.285a Notarial acts performed in another state; in federally recognized Indian tribe; under federal law; in foreign country; applicability; definition of “foreign country”
§ 55.286 Electronic notarization systems; notification required
§ 55.286a Approval of electronic notarization systems; minimum requirements; certification by government-sponsored enterprise
§ 55.286b Remote electronic notarization platforms; requirements; approval; review standards; recording limitations; journal; requirements; custodian
§ 55.286c Use of 2-way real-time audiovisual technology; requirements; signing in counterparts; applicability of section; presumed compliance
§ 55.286d Use of electronic records and signatures; use of 2-way real-time audiovisual technology; applicability of section
§ 55.287 Signature of notary public; statements; stamp, seal, or electronic process; effect of illegible statement
§ 55.291 Notary public; prohibited conduct
§ 55.293 Person with physical limitations; signature by notary public
§ 55.295 Request by secretary of state; failure to respond
§ 55.297 Misconduct; civil liability; conditions
§ 55.299 Violations of notary public laws
§ 55.300 Investigation by secretary of state; complaint
§ 55.300a Penalties; evidence; notice and hearing; revocation of commission; fine
§ 55.301 Automatic revocation; violation as felony; notification of conviction
§ 55.303 Reapplication after revocation; unpaid fine
§ 55.305 Injunction or restraining order
§ 55.307 Presumption
§ 55.309 Violation as misdemeanor or felony; jurisdiction; penalties and remedies as cumulative
§ 55.311 Notary fees fund
§ 55.313 Maintenance of records
§ 55.314 Application of act
§ 55.315 Rules

Terms Used In Michigan Laws > Chapter 55 > Act 238 of 2003 - Michigan Law On Notarial Acts

  • Acknowledgment: means a declaration by an individual in the presence of a notary public that he or she has signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she signed the record with the proper authority and signed it as the act of the person identified in the record. See Michigan Laws 55.263
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Cancellation: means the nullification of a notary public commission due to an error or defect or because the notary public is no longer entitled to the commission. See Michigan Laws 55.263
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credential analysis: means a process or service by which a third party affirms the validity of an identity document described in section 25(6)(c) through a review of public and proprietary data sources conducted remotely. See Michigan Laws 55.263
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of state. See Michigan Laws 55.263
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2
  • election precinct: as used in this act shall mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified and registered electors residing therein. See Michigan Laws 168.654
  • Electronic: means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 55.263
  • Electronic notarization system: means a set or system of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations. See Michigan Laws 55.263
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Identity proofing: means a process or service by which a third party provides a notary public with a reasonable means to verify the identity of an individual through a review of personal information from public or proprietary data sources conducted remotely. See Michigan Laws 55.263
  • In a representative capacity: means any of the following:
  (i) For and on behalf of a corporation, limited liability company, partnership, trust, association, or other legal entity as an authorized officer, manager, agent, partner, trustee, or other representative of the entity. See Michigan Laws 55.263
  • In the presence of: means either of the following:
    •   (i) In the same physical location with and close enough to see, hear, communicate with, and exchange tangible identification credentials with another individual. See Michigan Laws 55.263
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Information: includes data, text, images, sounds, codes, computer programs, software, and databases. See Michigan Laws 55.263
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurat: means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed record. See Michigan Laws 55.265
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lineal ancestor: means an individual who is in the direct line of ascent including, but not limited to, a parent or grandparent. See Michigan Laws 55.265
  • Majority leader: see Floor Leaders
  • Minority leader: See Floor Leaders
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • 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 55.265
  • Notify: means to communicate or send a message by a recognized mail, delivery service, or electronic means. See Michigan Laws 55.265
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Official 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 55.265
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual or a corporation, business trust, statutory trust, estate, partnership, trust, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 55.265
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: 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
  • Remote electronic notarization platform: means any combination of technology that enables a notary public to perform a notarial act remotely; that allows the notary public to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing. See Michigan Laws 55.265
  • Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocation: means the termination of a notary public's commission to perform notarial acts. See Michigan Laws 55.265
  • seal: shall be construed to include any of the following:
    •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Secretary: means the secretary of state or his or her designee. See Michigan Laws 55.267
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Signature: means an individual's written or printed name, electronic signature, or mark, attached to or logically associated with a contract or other record and executed, adopted, or made by the individual with the intent to sign the record. See Michigan Laws 55.267
  • Special election: means an election to elect an individual to, or nominate an individual for, a partial term in office or to submit a ballot question to the electors. See Michigan Laws 168.4
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 55.267
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Suspension: means the temporary withdrawal of the notary public's commission to perform notarial acts during the period of the suspension. See Michigan Laws 55.267
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Verification upon oath or affirmation: means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true. See Michigan Laws 55.267