Michigan Compiled Laws
Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315)
Section 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:
(a) The notary public was acting within the actual or apparent scope of his or her employment.
(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.
History: 2003, Act 238, Eff. Apr. 1, 2004

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 55 - Notaries Public

Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315)

Section 55.261 - Short Title.

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 55.275 - Application; Format; Fee; Use of Lein or Ichat; Certificate of Appointment; Electronic Application and Payment Process.

Section 55.277 - Notary Education and Training Fund.

Section 55.279 - Reappointment; Licensed Attorney as Notary Public; Cause for Cancellation of Appointment.

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 55.285a - Notarial Acts Performed in Another State; in Federally Recognized Indian Tribe; Under Federal Law; in Foreign Country; Applicability; Definition of "Foreign Country".

Section 55.286 - Electronic Notarization Systems; Notification Required.

Section 55.286a - Approval of Electronic Notarization Systems; Minimum Requirements; Certification by Government-Sponsored Enterprise.

Section 55.286b - Remote Electronic Notarization Platforms; Requirements; Approval; Review Standards; Recording Limitations; Journal; Requirements; Custodian.

Section 55.286c - Use of 2-Way Real-Time Audiovisual Technology; Requirements; Signing in Counterparts; Applicability of Section; Presumed Compliance.

Section 55.286d - Use of Electronic Records and Signatures; Use of 2-Way Real-Time Audiovisual Technology; Applicability of Section.

Section 55.287 - Signature of Notary Public; Statements; Stamp, Seal, or Electronic Process; Effect of Illegible Statement.

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 55.307 - Presumption.

Section 55.309 - Violation as Misdemeanor or Felony; Jurisdiction; Penalties and Remedies as Cumulative.

Section 55.311 - Notary Fees Fund.

Section 55.313 - Maintenance of Records.

Section 55.314 - Application of Act.

Section 55.315 - Rules.