NOTARY PUBLIC RECORD KEEPING REQUIREMENTS

House Bill 4640

Sponsor:  Rep. Bert Johnson

Committee:  Regulatory Reform

Complete to 8-25-09

A SUMMARY OF HOUSE BILL 4640 AS INTRODUCED 3-19-09

House Bill 4640 would amend the Michigan Notary Public Act to set requirements for record keeping.

The bill requires that a notary public keep, maintain, and protect under his or her exclusive control, a chronological paper or electronic official journal of notarial acts.  The journal must contain the following entries for each notarial act:

o                   The date and time of the notarial act.

o                   The type of notarial act.

o                   The type, title, or description and date of every record notarized.

o                   The name, address, signature, and, in the case of real estate records, the right thumbprint of each person whose signature is notarized.

o                   A description of the satisfactory evidence relied upon to identify each person whose signature is notarized, including one or more of the following:  (1) a statement that the person is "personally known" to the notary; (2) a notation of the type of identification document, its issuing agency, its serial or identification number, and its date of issuance or expiration; and (3) the name, address, and signature of any credible witness.

o                   A fee, if any, charged for the notarial act.

MCL 55.285

FISCAL IMPACT:

House Bill 4640 would have no fiscal impact on the State of Michigan or local units of government.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Viola Bay Wild

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.