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County Clerk
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Notary Public

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A Notary Public is an officer commissioned
by the Michigan Secretary of State to serve as an unbiased and impartial
witness. The most common function of the notary is to prevent fraud by
attesting to the identity of a person signing a document. Notarization on
a document certifies that the person whose signature is entered on the
document appeared before the notary, established his or her identity,
and personally signed the document.
Every citizen appointed as a notary has a
duty to learn the notarial laws on their own initiative. For
example: notaries are not allowed to perform marriage ceremonies in the
State of Michigan. Before a notary performs any notarial act, the
notary is required to read the Notary Public Act, 2000 PA 238
(MCL 55.261 to 55.315) and the Uniform Recognition of Acknowledgments Act,
1969 PA 57 (MCL 565.261 to 565.270).
The underlying principles of notary law are
truth and integrity. Ignorance of notary law is not an excuse, or a
defense, for violation of notarial law and procedure.
Click
to link to the State
Web Site for Notaries:
Click to
Print
Application from State Site:
(You
will need
Adobe Acrobat
to view this pdf form)
Click
to
Print
Request
for Duplicate/Notice of Change from State Site:
(You
will need
Adobe Acrobat
to view this pdf form)
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Click
for information on the Notarization
of Documents:
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Click
to link to the Michigan
Notary Act (PA 238 of 2003): |
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Qualifications: |
- At least 18
years of age.
- A
Michigan resident, or, if a nonresident, maintain a place of business
in Michigan.
- A US citizen or possess proof of
legal presence.
- A resident of the county where you are requesting a commission. In the
case of nonresidents, you must work in the county in which you are
requesting a commission.
- Read and write in the English
language.
- Be free of any felony
convictions, misdemeanor convictions, or violations as specified.
- Have filed with the appropriate
county clerk a proper surety bond in the amount of $10,000 and taken
the oath of office as prescribed by the constitution.
- Sign a declaration that all
information on application is correct, that you have read and
understand the laws, and that you will perform all notarial acts
faithfully.
- Not be imprisoned in any state,
county or federal correctional facility.
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Surety Bond Information: |
- Notaries public are required to
obtain a $10,000 surety bond and file it at the Office of the County
Clerk in the county the notary will be appointed.
The cost of the bond will vary--generally between $25 to $50. A
surety must be licensed to do business in this state.
- A surety bond protects the public
from a notary's misconduct or negligence.
- The bond provides coverage for
damages to anyone who suffers financially due to an improper official
act on the part of the notary.
- The surety may seek reimbursement
from the notary for any damages it pays on the notary's behalf.
- The Michigan Department of State
is authorized to require the notary to purchase replacement bonding if
the $10,000 bond funds are depleted by damage claims.
- surety bonds are not insurance
policies. The bond protects the public if a court judgment is
rendered against a notary because of negligence or misconduct.
- A surety bond does not
protect the notary. "Liability" or "errors and omissions"
insurance protect an individual notary.
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Oath of Office: |
- The oath of office is an oral or
written statement taken at your county clerk's office when you file
your bond. (If you are a Michigan resident, this must be your
county of residence.)
- An oath is a pledge sworn to
stating the truth about a given statement.
- An oath typically given when
filing your bond is as follows: "Do you solemnly swear that
you will support the Constitution of the United States and the
Constitution of this State, and that you will discharge the duties of
the office of Notary Public of said County to the best of your
ability?"
- After the oath is administered, a
verification is completed by the clerk (or the clerk's designee)
attesting that you swore to the statement in the presence of a notary.
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Application Process: |
- Must
complete an Application for Michigan Notary Public Appointment with
your driver's license number, full legal name, name as you wish to be
appointed, date of birth, residential address, business address,
telephone numbers, and if a current notary, information about your
current appointment. To ensure that your appointment is
accurately made, print or type your name on the application exactly as
you intend to use it when notarizing documents. It is important
that you sign the application exactly the way you
wish to be appointed.
- Obtain and file a surety
bond (available through insurance agencies or bonding companies) in
the amount of $10,000 with your respective county clerk. The
filing fee for counties (with the exception of Wayne) is $10.
- The county clerk will also
administer an Oath of Office, and verify that you have complied with
the requirements by completing the designated area on the completed
Notary Public Application.
Your original signature must then be placed on the form, agreeing to
all conditions stated.
- After you have fulfilled the
filing requirements at the county level, you must then forward your
completed application (with a $10 non-refundable processing fee) to
the following address: Michigan Department of State, Office of
the Great Seal, 7064 Crowner Blvd., Lansing, MI 48918. Do not
send cash. Send a check of money order payable to the
"State of Michigan".
- Your notary commission
certificate will then be mailed directly to your residence address as
indicated on the application form. Your notary commission is not valid
until you receive your certificate of commission in the mail.
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Term of Commission: |
- Notary
public commissions are issued for a 6 to 7-year period ending on the
notary's birthday. The term is not less than 7 years
from the date of appointment.
- There is no renewal process so
you must apply for a new commission each time. It is your
responsibility to apply for a new commission no more than 60-days
prior to the expiration date.
- It is your responsibility to
apply for a new commission no more than 60 days prior to the
expiration date.
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Fees: |
- PA 238 of 2003, effective
04/01/2004 provides that notaries public shall receive not more than
$10.00 for services in notarizing an acknowledgement or jurat.
- Additional fees for travel may be
negotiated between the notary and the client prior to the commencement
of the travel.
- The oath and bond filing fee at
the county level is $10. The application fee to be forwarded to
the State with the completed application is an additional $10.
- A county clerk may collect
a service charge fee of $10.00 for certifying a notarial act of a
notary public.
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1087
Newell Street PO Box 885
White Cloud MI 49349
Phone: (231) 689-7235 Fax: (231) 689-7241
email: laurie@co.newaygo.mi.us
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