MI Senate Bill 1266 | NNA
Law

MI Senate Bill 1266

Notary Law Update: MI Senate Bill 1266

State: Michigan

Summary:

Senate 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.

Signed:  December 28, 2005

Effective:  April 01, 2007

Chapter: PUblic Act 510

Affects:

Amends Sections 11, 13, 15 and 19 of the Michigan Compiled Laws, Title 55 (MCL 55.271, 55.273, 55.275 and 55.279)

Changes:
  1. 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.)
  2. 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.
Analysis:

Since 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 the bill text.

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