Michigan Notary Laws and Statutes Flashcards

Which Michigan statute primarily governs the powers and duties of notaries public?

Answer: Michigan Compiled Laws (MCL) 55.261 et seq.

The Michigan Notary Public Act, found at MCL 55.261 and following sections, is the primary statute governing Michigan notaries.

Under Michigan law, what is the penalty for a notary who knowingly makes a false notarial act?

Answer: Criminal prosecution for a misdemeanor or felony and revocation of commission

A Michigan notary who willfully makes a false notarization may face criminal charges and revocation of their notary commission.

Under Michigan law, may a notary notarize a document in which they have a direct financial interest?

Answer: No, a notary should not notarize documents where they are a named party or have a direct financial interest

Michigan notary law prohibits notaries from notarizing documents in which they have a direct financial or beneficial interest.

What does Michigan law require a notary to do if a document signer appears to be under duress or coerced?

Answer: Refuse to perform the notarization

A notary must not complete a notarization if the signer appears to be acting under duress or is being coerced—refusal is required.

Under Michigan law, is a notary authorized to provide legal advice about the documents they notarize?

Answer: No, providing legal advice is outside the scope of notary authority unless the notary is licensed to practice law

A notary who is not a licensed attorney is prohibited from providing legal advice or selecting legal forms on behalf of signers.

Which of the following is a valid reason for a Michigan notary to refuse a notarization?

Answer: The notary cannot positively identify the signer

A Michigan notary must be able to identify the signer; if satisfactory identification cannot be established, the notary must refuse.