NONRESIDENT NOTARIES PUBLIC - H.B. 4237 (S-2): FLOOR ANALYSIS

House Bill 4237 (Substitute S-2 as reported)

Sponsor: Representative Mary Schroer

House Committee: Regulatory Affairs

Senate Committee: Economic Development, International Trade and Regulatory Affairs

CONTENT

The bill would amend Chapter 14 of the Revised Statutes of 1846 ("Of county officers") to allow the appointment of nonresident notaries public.

Specifically, the bill would allow people who do not reside in Michigan to become notaries public in the State as long as their principal place of business was in the county in which they requested appointment and they were engaged in an activity that likely would require them to perform notarial acts as defined in the Uniform Recognition of Acknowledgments Act.

Currently, the law allows the Secretary of State to appoint one or more notaries public in each county of Michigan. Applicants for appointment must be at least 18 years old, Michigan citizens, and residents of the county for which they seek to be appointed. Notaries are appointed for four-year terms, with their term expiring on their birthday four years after appointment.

(The Uniform Recognition of Acknowledgments Act defines "notarial acts" as the administering of oaths and affirmations, taking proof of execution and acknowledgment of instruments, and attesting documents.)

MCL 55.107 et al. - Legislative Analyst: N. Nagata

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed: 5-22-97 - Fiscal Analyst: B. Bowerman

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.