Section 55.301 - Automatic revocation; violation as felony. - Michigan Statutes

MICHIGAN NOTARY PUBLIC ACT (EXCERPT)
Act 238 of 2003

55.301 Automatic revocation; violation as felony.

Sec. 41.

(1) If a notary public of this state is convicted of a felony or of a substantially corresponding violation of another state, the secretary shall automatically revoke the notary public commission of that person on the date that the person's felony conviction is entered.

(2) If a notary public of this state is convicted of 2 or more misdemeanor offenses involving a violation of this act within a 12-month period while commissioned, or of 3 or more misdemeanor offenses involving a violation of this act within a 5-year period regardless of being commissioned, the secretary shall automatically revoke the notary public commission of that person on the date that the person's most recent misdemeanor conviction is entered.

(3) If a person holding office as a notary public is sentenced to a term of imprisonment in a state correctional facility or jail in this or any other state or in a federal correctional facility, that person's commission as a notary public is revoked automatically on the day on which the person begins serving the sentence in the jail or correctional facility. If a person's commission as a notary public is revoked because the person begins serving a term of imprisonment and that person performs or attempts to perform a notarial act while imprisoned, that person is not eligible to receive a commission as a notary public for at least 10 years after the person completes his or her term of imprisonment.

(4) A person found guilty of performing a notarial act after his or her commission is revoked under this section is guilty of a felony punishable by a fine of not more than $3,000.00 or by imprisonment for not more than 5 years, or both.

(5) A person, regardless of whether he or she has ever been commissioned as a notary public, that is convicted of a felony is disqualified from being commissioned as a notary public for not less than 10 years after the person completes his or her sentence for that crime, including any term of imprisonment, parole, or probation, and pays all fines, costs, and assessments. As used in this section, a “felony” means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or imprisonment for more than 1 year or an offense expressly designated by law to be a felony.

(6) If a person is convicted of a violation described in subsection (5), the court shall make a determination of whether the person is a notary. If the person is a notary, the court shall inform the secretary of the conviction.

History: 2003, Act 238, Eff. Apr. 1, 2004