pa006097

AN ACT to amend 1846 RS 14, entitled "Of county officers," by amending sections 107 and 117 (MCL 55.107 and 55.117), section 107 as amended by 1993 PA 96 and section 117 as amended by 1997 PA 4.

Sec. 107. (1) The secretary of state may appoint 1 or more individuals notaries public in each county of this state, who shall hold their offices from the date of their appointment until their birthday occurring not less than 4 years or more than 5 years after the date of their appointment, unless sooner removed by the secretary of state.

(2) In order to receive an appointment, an individual shall be, at the time of application, at least 18 years of age, a resident of the county of which he or she desires to be appointed notary public, and a citizen of this state. In the case of a person who does not reside in the state of Michigan, an application for appointment as a notary public shall demonstrate that his or her principal place of business is located in the county in which he or she requests appointment and shall indicate that he or she is engaged in an activity in which he or she is likely to be required to perform notarial acts as that term is defined in section 2 of 1969 PA 57, MCL 565.262.

(3) The individual desiring to be appointed shall submit a written application on a form distributed by the county clerk of each county, stating the age of the applicant. The application shall be indorsed by a member of the legislature or a circuit or probate judge of the county, district, or circuit of which the applicant is a resident, and be presented to the secretary of state, accompanied by a fee of $3.00. The application form shall not be indorsed in blank before completion and signature by the applicant.

(4) The secretary of state may revoke a commission issued to a notary public upon presentation to him or her of satisfactory evidence of official misconduct or incapacity. The secretary of state shall revoke the commission issued to a notary public upon presentation to him or her of satisfactory evidence of the notarization of a paper or document before completion by the person whose signature is notarized. The secretary of state shall deposit fees collected pursuant to this section in the state treasury to the credit of the general fund.

(5) A notary public whose name has been changed pursuant to law after the issuance of a commission shall continue to use the name set forth in the commission for all purposes authorized under the commission until the expiration of the commission.

Sec. 117. (1) A notary public shall reside in the county for which he or she is appointed or, in the case of a person who does not reside in the state of Michigan, a notary public shall have his or her principal place of business in the county in which he or she is appointed and shall indicate that he or she is engaged in an activity in which he or she is likely to be required to perform notarial acts as that term is defined in section 2 of 1969 PA 57, MCL 565.262.

(3) A notary public shall receive for his or her services in notarizing an acknowledgment or jurat not more than $2.00 per acknowledgment or jurat.