September 22, 2004, Introduced by Rep. Ward and referred to the Committee on Local Government and Urban Policy.
A bill to amend 2003 PA 238, entitled
"Michigan notary public act,"
by amending section 31 (MCL 55.291).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 31. (1) A notary public shall not certify or notarize
2 that a record is either of the following:
3 (a) An original.
4 (b) A true copy of another record.
5 (2) A notary public shall not do any of the following:
6 (a) Perform a notarial act upon any record executed by
7 himself or herself.
8 (b) Notarize his or her own signature.
9 (c) Take his or her own deposition or affidavit.
10 (3) A notary public shall not claim to have powers,
11 qualifications, rights, or privileges that the office of notary
1 does not provide, including the power to counsel on immigration
2 matters.
3 (4) A notary public shall not, in any document,
4 advertisement, stationery, letterhead, business card, or other
5 comparable written material describing the role of the notary
6 public, literally translate from English into another language
7 terms or titles including, but not limited to, notary public,
8 notary, licensed, attorney, lawyer, or any other term that
9 implies the person is an attorney.
10 (5) A notary public who is not a licensed attorney and who
11 advertises notarial services in a language other than English
12 shall include in the document, advertisement, stationery,
13 letterhead, business card, or other comparable written material
14 the following, prominently displayed in the same language:
15 (a) The statement: "I am not an attorney and have no
16 authority to give advice on immigration or other legal matters".
17 (b) The fees for notarial acts as specified by statute.
18 (6) A notary public may not use the term "notario publico" or
19 any equivalent non-English term in any business card,
20 advertisement, notice, or sign.
21 (7) A notary public shall not perform any notarial act in
22 connection with a transaction if the notary public has a conflict
23 of interest. As used in this subsection, "conflict of interest"
24 means either or both of the following:
25 (a) The notary public has a direct financial or beneficial
26 interest, other than the notary public fee, in the transaction.
27 (b) The notary public is named, individually, as a grantor,
1 grantee, mortgagor, mortgagee, trustor, trustee, beneficiary,
2 vendor, vendee, lessor, or lessee or as a party in some other
3 capacity to the transaction.
4 (8) A notary
public shall not perform a notarial act for a
5 spouse, domestic
partner, descendant, or sibling including
6 in-laws, steps, or
half-relatives.
7 (8) (9) A
notary public shall not perform any notarial act
8 on a record that contains a blank space.
9 (9) (10) A
notary public who is a stockholder, director,
10 officer, or employee of a bank or other corporation may take the
11 acknowledgment of a party to a record executed to or by the
12 corporation, or to administer an oath to any other stockholder,
13 director, officer, employee, or agent of the corporation. A
14 notary public shall not take the acknowledgment of a record by or
15 to a bank or other corporation of which he or she is a
16 stockholder, director, officer, or employee, under circumstances
17 where the notary public is named as a party to the record, either
18 individually or as a representative of the bank or other
19 corporation and the notary public is individually a party to the
20 record.
21 (10) (11) For
purposes of subsection (7), a notary public
22 has no direct financial or beneficial interest in a transaction
23 where the notary public acts in the capacity of an agent,
24 employee, insurer, attorney, escrow, or lender for a person
25 having a direct financial or beneficial interest in the
26 transaction.