Bill Text: MI SB0996 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Occupations; notaries public; recognition of notarial acts performed outside of this state; authorize in state notary statute. Amends title & secs. 1 & 11 of 2003 PA 238 (MCL 55.261 & 55.271) & adds sec. 25a. TIE BAR WITH: SB 0664'17, SB 0997'18, SB 0998'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-13 - Assigned Pa 0361'18 With Immediate Effect [SB0996 Detail]
Download: Michigan-2017-SB0996-Engrossed.html
SB-0996, As Passed Senate, June 6, 2018
SUBSTITUTE FOR
SENATE BILL NO. 996
A bill to amend 2003 PA 238, entitled
"Michigan notary public act,"
by amending the title and sections 1 and 11 (MCL 55.261 and
55.271), section 11 as amended by 2006 PA 510, and by adding
section 25a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the qualification, appointment, and
regulation of notaries; to provide for the levy, assessment, and
collection of certain service charges and fees and to provide for
their
disposition; to create certain funds; for certain purposes;
to provide for liability for certain persons; to provide for the
admissibility
of certain evidence; to
establish the recognition to
be given in this state to acknowledgments and other notarial acts
performed outside of this state; to prescribe powers and duties of
certain
state agencies and local officers;
to provide for remedies
and penalties; and to repeal acts and parts of acts.
Sec. 1. This act shall be known and may be cited as the
"Michigan
notary public act".law
on notarial acts".
Sec.
11. (1) The secretary may appoint as a notary public a
person
an individual who applies to the secretary and meets all of
the following qualifications:
(a) Is at least 18 years of age.
(b) Is a resident of this state or maintains a principal place
of business in this state.
(c) Reads and writes in the English language.
(d)
Is free of any felony convictions, misdemeanor
convictions,
and violations as Has not
been convicted of a felony,
misdemeanor, or violation described in section 41.
(e)
For a person an applicant who does not reside in the state
of Michigan, demonstrates that his or her principal place of
business is located in the county in which he or she requests
appointment and indicates that he or she is engaged in an activity
in connection with that business in which he or she is likely to be
required
to perform notarial acts. as that word is defined in
section
2 of the uniform recognition of acknowledgments act, 1969
PA
57, MCL 565.262.
(f) If applicable, has filed with the county clerk of his or
her
county of residence or expected appointment a proper surety
bond
and an oath taken as prescribed by the constitution under
section 13, in a format acceptable to the secretary. The
requirement of filing a bond does not apply to an applicant that
demonstrates, in a manner acceptable to the secretary, licensure as
an attorney at law in this state.
(2) The secretary shall, on a monthly basis, notify the county
clerk's office of the appointment of any notaries in that county.
Sec. 25a. (1) All of the following apply with regard to a
notarial act that is performed in another state:
(a) A notarial act performed in another state has the same
effect under the law of this state as if performed by a notarial
officer of this state, if the act performed in that state is
performed by any of the following individuals:
(i) A notary public who is authorized to perform notarial acts
in the state in which the act is performed.
(ii) A judge, clerk, or deputy clerk of any court of record in
the state in which the notarial act is performed.
(iii) Any other individual who is authorized to perform
notarial acts in the state in which the act is performed.
(b) The signature and title of an individual described in
subdivision (a)(i) to (iii) who performs a notarial act in another
state are prima facie evidence that the signature is genuine and
that the individual holds the designated title.
(c) The signature and title of an individual described in
subdivision (a)(i) or (ii) who performs a notarial act in another
state conclusively establish the authority of the individual to
perform the notarial act.
(2) All of the following apply with regard to a notarial act
that is performed under the authority and in the jurisdiction of a
federally recognized Indian tribe:
(a) A notarial act performed under the authority and in the
jurisdiction of a federally recognized Indian tribe has the same
effect as if performed by a notarial officer of this state, if the
act performed in the jurisdiction of the tribe is performed by any
of the following individuals:
(i) A notary public of the tribe.
(ii) A judge, clerk, or deputy clerk of a court of the tribe.
(iii) Any other individual who is authorized under the law of
the tribe to perform notarial acts.
(b) The signature and title of an individual described in
subdivision (a)(i) to (iii) who performs a notarial act under the
authority of and in the jurisdiction of a federally recognized
Indian tribe are prima facie evidence that the signature is genuine
and that the individual holds the designated title.
(c) The signature and title of an individual described in
subdivision (a)(i) or (ii) who performs a notarial act under the
authority of and in the jurisdiction of a federally recognized
Indian tribe conclusively establish the authority of the individual
to perform the notarial act.
(3) All of the following apply with regard to a notarial act
that is performed under federal law:
(a) A notarial act performed under federal law has the same
effect under the law of this state as if performed by a notary
public of this state, if the act performed under federal law is
performed by any of the following individuals:
(i) A judge, clerk, or deputy clerk of a federal court.
(ii) An individual who is in military service, or is
performing duties under the authority of military service, who is
authorized to perform notarial acts under federal law.
(iii) An individual who is designated as a notarizing officer
by the United States Department of State to perform notarial acts
outside of the United States.
(iv) Any other individual who is authorized by federal law to
perform the notarial act.
(b) The signature and title of an individual described in
subdivision (a)(i) to (iv) who performs a notarial act under
federal authority are prima facie evidence that the signature is
genuine and that the individual holds the designated title.
(c) The signature and title of an individual described in
subdivision (a)(i) to (iii) who performs a notarial act under
federal authority conclusively establish the authority of the
individual to perform the notarial act.
(4) All of the following apply with regard to a notarial act
performed by an individual under the authority and in the
jurisdiction of a foreign country or a constituent unit of a
foreign country:
(a) If a notarial act is performed under authority and in the
jurisdiction of a foreign country or constituent unit of the
foreign country or is performed under the authority of a
multinational or international governmental organization, the act
has the same effect under the law of this state as if performed by
a notarial officer of this state.
(b) If the title of office and indication of authority to
perform notarial acts in a foreign country appears in a digest of
foreign law or in a list customarily used as a source for that
information, the authority of an officer with that title to perform
notarial acts is conclusively established.
(c) The signature and official stamp of an individual who
holds an office described in this subsection are prima facie
evidence that the signature is genuine and the individual holds the
designated title.
(d) An apostille in the form prescribed by the Hague
Convention of October 5, 1961, and issued by a foreign country
party to the convention, conclusively establishes that the
signature is genuine and that the individual holds the indicated
office.
(e) A consular authentication that is issued by an individual
who is designated as a notarizing officer by the United States
Department of State to perform notarial acts outside of the United
States and attached to a record with respect to which the notarial
act is performed conclusively establishes that the signature is
genuine and that the individual holds the indicated office.
(5) As used in this section, "foreign country" means a
government other than the United States, a state, or a federally
recognized
Indian tribe.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 664.
(b) Senate Bill No. 997.
(c) Senate Bill No. 998.
