Sec. 13.
(1) Within 90 days before filing an application for a notary public appointment, a person shall file with the county clerk of his or her residence or expected appointment a proper surety bond and an oath taken as prescribed by the constitution.
(2) The bond shall be in the sum of $10,000.00 with good and sufficient surety by a surety licensed to do business in this state. The bond shall be conditioned upon indemnifying or reimbursing a person, financing agency, or governmental agency for monetary loss caused through the official misconduct of the notary public in the performance of a notarial act. The surety is required to indemnify or reimburse only after a judgment based on official misconduct has been entered in a court of competent jurisdiction against the notary public. The aggregate liability of the surety shall not exceed the sum of the bond. The surety on the bond may cancel the bond 60 days after the surety notifies the notary, the secretary, and the county clerk of the cancellation. The surety is not liable for a breach of a condition occurring after the effective date of the cancellation. The county clerk shall not accept the personal assets of an applicant as security for a surety bond under this act.
(3) Each person who files an oath and, if applicable, a bond with a county clerk as required in subsection (1) shall pay a $10.00 filing fee to the county clerk. Upon receipt of the filing fee, the county clerk shall give an oath certificate of filing and a bond, if applicable, to the person as prescribed by the secretary. A charter county with a population of more than 2,000,000 may impose by ordinance a fee for the county clerk's services different than the amount prescribed by this subsection. Two dollars of each fee collected under this subsection shall be deposited into the notary education and training fund established in section 17 on a schedule determined by the secretary.
History: 2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006 ;-- Am. 2006, Act 510, Eff. Apr. 1, 2007
Structure Michigan Compiled Laws
Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315)
Section 55.263 - Definitions; a to I.
Section 55.265 - Definitions; J to R.
Section 55.267 - Definitions; S to V.
Section 55.269 - Notary Public; Appointment; Extension of Expiration Date for 2020 Through 2021.
Section 55.271 - Notary Public; Qualifications.
Section 55.273 - Filing; Oath; Bond; Fee.
Section 55.277 - Notary Education and Training Fund.
Section 55.281 - Corrected Notary Public Commission.
Section 55.283 - Obtaining and Reading State Statutes.
Section 55.285 - Performance of Notarial Acts; Scope; Verification.
Section 55.286 - Electronic Notarization Systems; Notification Required.
Section 55.289 - Repealed. 2006, Act 155, Imd. Eff. May 26, 2006.
Section 55.291 - Notary Public; Prohibited Conduct.
Section 55.293 - Person With Physical Limitations; Signature by Notary Public.
Section 55.295 - Request by Secretary of State; Failure to Respond.
Section 55.297 - Misconduct; Civil Liability; Conditions.
Section 55.299 - Violations of Notary Public Laws.
Section 55.300 - Investigation by Secretary of State; Complaint.
Section 55.300a - Penalties; Evidence; Notice and Hearing; Revocation of Commission; Fine.
Section 55.301 - Automatic Revocation; Violation as Felony; Notification of Conviction.
Section 55.303 - Reapplication After Revocation; Unpaid Fine.
Section 55.305 - Injunction or Restraining Order.
Section 55.311 - Notary Fees Fund.
Section 55.313 - Maintenance of Records.