SB-0908, As Passed House, May 9, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 908

     A bill to amend 2003 PA 238, entitled

"Michigan notary public act,"

by amending sections 27 and 47 (MCL 55.287 and 55.307); and to

repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 27. (1) A notary public shall place his or her signature

on every record upon which he or she performs a notarial act. The

notary public shall sign his or her name exactly as his or her name

appears on his or her application for commission as a notary

public.  certificate of appointment received from the secretary.

     (2) On each record that a notary public performs a notarial

act and immediately near the notary public's signature, as is

practical, the notary public shall print, type, stamp, or otherwise

imprint mechanically or electronically  clearly and legibly

sufficiently clear and legible to be read by the secretary and in a

manner capable of photographic reproduction all of the following in

this format or in a similar format that conveys all of the same

information:

     (a) The name of the notary public exactly as it appears on his

or her application for commission as a notary public.  certificate

of appointment.

     (b) The statement: "Notary public, State of Michigan, County

of __________.".

     (c) The statement: "My commission expires __________.".

     (d)  The  If performing a notarial act in a county other than

the county of commission, the statement: "Acting in the County of

__________.".

     (e) The date the notarial act was performed.

     (3) A notary public may use a stamp, seal, or electronic

process that contains  , at a minimum, all of the information

required by subsection (2). However, the stamp, seal, or electronic

process shall not be used in a manner that renders anything

illegible on the record being notarized. An embosser alone or any

other method that cannot be reproduced shall not be used.

     (4) The illegibility of the statements required in subsection

(2) does not affect the validity of the transaction or record that

was notarized.

Sec. 47. (1) Subject to subsection (2) and in the courts of

this state, the certificate of a notary public of official acts

performed in the capacity of a notary public, under the seal of

office, is presumptive evidence of the facts contained in the

certificate except that the certificate is not evidence of a notice

of nonacceptance or nonpayment in any case in which a defendant

attaches to his or her pleadings an affidavit denying the fact of

having received that notice of nonacceptance or nonpayment.

     (2) Notwithstanding subsection (1), the court may invalidate

any  document not notarized  notarial act not performed in

compliance with this act.

     Enacting section 1. Section 29 of the Michigan notary public

act, 2003 PA 238, MCL 55.289, is repealed.