MI Notary Michigan Notary Laws and Statutes 1 — Questions and Answers
Question 1: Which Michigan statute primarily governs the powers and duties of notaries public?
- Michigan Compiled Laws (MCL) 55.261 et seq. (Correct answer)
- MCL 565.1
- MCL 700.1101
- MCL 450.2001
Correct 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.
Question 2: Under Michigan law, what is the penalty for a notary who knowingly makes a false notarial act?
- Civil fine only
- Criminal prosecution for a misdemeanor or felony and revocation of commission (Correct answer)
- Loss of commission only
- A warning letter from the Secretary of State
Correct 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.
Question 3: Under Michigan law, may a notary notarize a document in which they have a direct financial interest?
- Yes, with no restrictions
- No, a notary should not notarize documents where they are a named party or have a direct financial interest (Correct answer)
- Only if another notary co-signs
- Only for amounts under $1,000
Correct 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.
Question 4: What does Michigan law require a notary to do if a document signer appears to be under duress or coerced?
- Complete the notarization since it is not the notary's responsibility
- Refuse to perform the notarization (Correct answer)
- Ask a witness to confirm the signer is willing
- Notify the county clerk immediately
Correct 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.
Question 5: Under Michigan law, is a notary authorized to provide legal advice about the documents they notarize?
- Yes, if the notary is also an attorney
- No, providing legal advice is outside the scope of notary authority unless the notary is licensed to practice law (Correct answer)
- Yes, general document advice is always permitted
- Only for real estate documents
Correct 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.
Question 6: Which of the following is a valid reason for a Michigan notary to refuse a notarization?
- The signer speaks a foreign language
- The notary cannot positively identify the signer (Correct answer)
- The document is in another state's format
- The signer is elderly
Correct 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.
MI Notary Michigan Notary Laws and Statutes 1
Which Michigan statute primarily governs the powers and duties of notaries public?