Bill Text: MI SB0960 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Occupations; notaries public; procedure for notary public when witnessing the signature of certain individuals; revise. Amends sec. 25 of 2003 PA 238 (MCL 55.285).
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2009-10-28 - Referred To Committee On Judiciary [SB0960 Detail]
Download: Michigan-2009-SB0960-Introduced.html
SENATE BILL No. 960
October 28, 2009, Introduced by Senators GEORGE, BIRKHOLZ, BASHAM, KAHN, PAPPAGEORGE and HARDIMAN and referred to the Committee on Judiciary.
A bill to amend 2003 PA 238, entitled
"Michigan notary public act,"
by amending section 25 (MCL 55.285), as amended by 2006 PA 426.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 25. (1) A notary public may perform notarial acts that
include, but are not limited to, the following:
(a) Taking acknowledgments.
(b) Administering oaths and affirmations.
(c) Witnessing or attesting to a signature.
(2) In taking an acknowledgment, the notary public shall
determine, either from personal knowledge or from satisfactory
evidence, that the person in the presence of the notary public and
making the acknowledgment is the person whose signature is on the
record.
(3) In taking a verification upon oath or affirmation, the
notary public shall determine, either from personal knowledge or
from satisfactory evidence, that the person in the presence of the
notary public and making the verification is the person whose
signature is on the record being verified.
(4) In witnessing or attesting to a signature, the notary
public shall determine, either from personal knowledge or from
satisfactory evidence, that the signature is that of the person in
the presence of the notary public and is the person named in the
record.
(5) In all matters where the notary public takes a
verification upon oath or affirmation, or witnesses or attests to a
signature, the notary public shall require that the person sign the
record being verified, witnessed, or attested in the presence of
the notary public.
(6) A notary public has satisfactory evidence that a person is
the person whose signature is on a record if that person is any of
the following:
(a) Personally known to the notary public.
(b) Identified upon the oath or affirmation of a credible
witness personally known by the notary public and who personally
knows the person.
(c) Identified on the basis of a current license,
identification card, or record issued by a federal or state
government that contains the person's photograph and signature.
(7) A notary public shall not perform a notarial act if he or
she believes, based upon personal observation, that the person
making the acknowledgment, oath, affirmation, or attestation does
not appear to objectively understand the substance of the
transaction.
(8) (7)
The fee charged by a notary public
for performing a
notarial act shall not be more than $10.00 for any individual
transaction or notarial act. A notary public shall either
conspicuously display a sign or expressly advise a person
concerning the fee amount to be charged for a notarial act before
the notary public performs the act. Before the notary public
commences to travel in order to perform a notarial act, the notary
public and client may agree concerning a separate travel fee to be
charged by the notary public for traveling to perform the notarial
act.
(9) (8)
A notary public may refuse to
perform a notarial act.
(10) (9)
The secretary shall prescribe the
form that a notary
public shall use for a jurat, the taking of an acknowledgment, the
administering of an oath or affirmation, the taking of a
verification upon an oath or affirmation, the witnessing or
attesting to a signature, or any other act that a notary public is
authorized to perform in this state.
(11) (10)
A county clerk may collect a processing
fee of
$10.00 for certifying a notarial act of a notary public.
