Michigan Compiled Laws
Act 238 of 2003 - Michigan Law on Notarial Acts (55.261 - 55.315)
Section 55.301 - Automatic Revocation; Violation as Felony; Notification of Conviction.

Sec. 41.
(1) If an individual commissioned as a notary public in this state is convicted of a felony or of a substantially corresponding violation of another state, the secretary shall automatically revoke the notary public commission of that individual on the date that the individual's felony conviction is entered.
(2) If an individual commissioned as a notary public in this state is convicted of 2 or more specified misdemeanors within a 12-month period while commissioned, or of 3 or more specified misdemeanors within a 5-year period regardless of being commissioned, the secretary shall automatically revoke the notary public commission of that individual on the date that the secretary determines the misdemeanor of which the individual was convicted is a specified misdemeanor. As used in this subsection, "specified misdemeanor" means a misdemeanor that the secretary determines involves any of the following:
(a) A violation of this act.
(b) A violation of the public trust.
(c) An act of official misconduct, dishonesty, fraud, or deceit.
(d) An act substantially related to the duties or responsibilities of a notary public.
(3) If an individual commissioned as a notary public in this state is sentenced to a term of imprisonment in a state correctional facility or jail in this or any other state or in a federal correctional facility, his or her commission as a notary public is revoked automatically on the day on which he or she begins serving the sentence in the jail or correctional facility. If an individual's commission as a notary public is revoked because he or she begins serving a term of imprisonment and he or she performs or attempts to perform a notarial act while imprisoned, he or she is not eligible to receive a commission as a notary public for at least 10 years after he or she completes his or her term of imprisonment.
(4) An individual found guilty of performing a notarial act after his or her commission as a notary public is revoked under this section is guilty of a felony punishable by a fine of not more than $3,000.00 or by imprisonment for not more than 5 years, or both.
(5) An individual, regardless of whether he or she has ever been commissioned as a notary public, who is convicted of a felony is disqualified from being commissioned as a notary public for not less than 10 years after he or she completes his or her sentence for that crime, including any term of imprisonment, parole, or probation, and pays all fines, costs, and assessments. As used in this section, a "felony" means a violation of a penal law of this state, another state, or the United States for which the offender, if convicted, may be punished by death or imprisonment for more than 1 year or an offense expressly designated by law as a felony.
(6) If an individual is convicted of a violation described in subsection (5), the court shall make a determination of whether he or she is a notary. If the individual is a notary, the court shall inform the secretary of the conviction.
(7) If an individual commissioned as a notary public in this state is convicted of any felony or misdemeanor in any court, he or she shall notify the secretary in writing of the conviction within 10 days after the date of that conviction.
History: 2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2012, Act 425, Imd. Eff. Dec. 21, 2012

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.