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MI House Bill 6197

Legislation

State: Michigan
Signed: October 03, 2006

Effective: October 03, 2006
Chapter: Public Act No. 426

Summary

Adds definitions, makes technical changes and repeals prohibition against notarizing a document with blank spaces.

Affects

Amends MCL 55.265, 55.271, 55.273, 55.275, 55.277, 55.279, 55.281, 55.285, 55.291, 55.295, 55.311, and 55.313.

Changes
  1. Defines “lineal ancestor” and “lineal descendant,” prohibits a Notary from notarizing for either, and removes a previous prohibition against notarizing for a domestic partner.
  2. Clarifies that an applicant for a Notary commission must submit with the application a validated copy of the filing of the bond and oath certificate received from the county clerk.
  3. Clarifies that the application form shall include a statement describing the date and circumstances of any felony or misdemeanor in the past 10 years.
  4. Repeals a previous prohibition against notarizing a document with blank spaces.
  5. Clarifies that a Notary must permit the Secretary of State to inspect his or her Notary records if the Notary maintains this information and keep this information accessible for at least 5 years after the date of the notarial act.
  6. States that a processing fee paid to the Secretary of State or county clerk is nonrefundable.
  7. Make other minor conforming changes.
Analysis

House Bill 6197 enacts technical changes, along with a couple of substantive changes affecting how Notaries carry out their duties. The removal of the prohibition against notarizing a document with blank spaces is unfortunate, and it is similarly unwise to allow a Notary to notarize a document for the Notary’s domestic partner. While Michigan Notaries are not required to keep a Notary journal, this bill clarifies that Notaries who keep journals should make their journals accessible to the Secretary of State and should archive them for at least 5 years after the date of the notarial act.

Read House Bill 6197.

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