Legislation
State: Michigan
Signed: December 28, 2005
Effective: April 01, 2007
Chapter: Public Act No. 510
SummarySenate Bill 1266 exempts attorneys from posting the $10,000 surety bond required for a Notary commission and requires the Secretary of State to end a reappointment application form to a licensed attorney granted an appointment as a Notary at least 90 days before the expiration of the current appointment.
AffectsAmends Sections 11, 13, 15, and 19 (MCL 55.271, 55.273, 55.275, and 55.279) of Title 55 of the Michigan Compiled Laws.
Changes
- Exempts an attorney licensed by the State Bar of Michigan applying for a Notary commission from posting the required $10,000 bond. (Note: Licensed attorneys are not granted automatic notarial powers. An attorney still must apply for a commission.)
- Requires the Secretary of State to send a reappointment application form to a licensed attorney granted an appointment as a Notary at least 90 days before the expiration of the current appointment. The application for reappointment must contain a certification to be completed by the applicant certifying that he or she was still a member in good standing of the State Bar of Michigan.
AnalysisSince attorneys are officers of the court and also subject to licensing requirements, some felt that an attorney in good standing with the State Bar who is applying for an appointment as a Notary should not have to post a surety bond. Louisiana is the only other state that exempts licensed attorneys from obtaining a surety bond, although various exemptions are granted to licensed attorneys in other areas, including waiving the educational course (North Carolina) and examination (Louisiana, New York and North Carolina).
Read Senate Bill 1266.