Posted by Steven Zeikowitz on 5/2/06 9:03am
Msg #117118

Michigan Notarization

Does a notarization in Michigan require a stamp or seal of the notary?

Reply by Anonymous on 5/2/06 9:20am
Msg #117122

I found the answer on this site. MI does not require a stamp or seal.

Reply by Linda_in_MI on 5/2/06 11:41am
Msg #117167

No seal/stamp in Michigan - are you sure?

I think you better check your source again.

The way I read Section 55.287 of PA238 (the legislation in Michigan governing notaries) is that there is information that is required to be included on any notarization completed by Michigan notaries. Now according to the SOS, if this is already printed on the docs, there is no need for a stamp, (that answer from a question for a township planning application--another story for another time) but I have yet to see ALL of this information on acknowledgments or jurats that I have encountered, hence, the need for a stamp. I even have an embosser that I have used on rare occassions.

Even if the information is printed within the docs, I still stamp. Sort of a proof that I was there, since I don't know of anyone else who has a stamp with my information on it. I even know of one notary here in Michigan that has TWO stamps: one for out-of-home-county notarizations (where you have to list the county) and one stamp for notarizations within her base county.

*********
55.287 SIGNATURE OF NOTARY PUBLIC STATEMENT; STAMP SEAL OR ELECTRONIC PROCESS; EFFECT OF ILLEGIBLE STATEMENT
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 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 and in a manner capable of photographic reproduction all of the following:
(a) The name of the notary public exactly as it appears on his or her notary public certificate of
appointment.
(b) The statement: “Notary public, State of Michigan, County of __________.”.
(c) The statement: “My commission expires __________.”.
(d) The statement: “Acting in the County of __________.”.
(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 seal or 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.

Reply by Anonymous on 5/2/06 12:31pm
Msg #117186

NO stamp is required per Michigan law

There is no stamp requirement in Michigan, P E R I O D!

This is a simple yes or no question.

You stated:

"Now according to the SOS, if this is already printed on the docs, there is no need for a stamp, but I have yet to see ALL of this information on acknowledgments or jurats that I have encountered, hence, the need for a stamp"--how can you deduce that? Where does the SOS say that?

Regardless of how much or how little, or none at all, you can legibly print or write the required stuff.

Reply by Julie/MI on 5/2/06 12:33pm
Msg #117188

The NO stamp response from Julie/mi not anonymous

nm

Reply by Linda_in_MI on 5/2/06 2:13pm
Msg #117207

Re: NO stamp is required per Michigan law

READ MY RESPONSE: Now according to the SOS, if this is already printed on the docs, there is no need for a stamp, HERE'S WHERE YOU NEED TO READ (that answer from a question for a township planning application--another story for another time)

Technically and in the letter of the law, f you want to take the time to legibly print or write the information FOR ALL FOUR LINES, go for it. Personally, I'll stamp, fill in the county where I'm notarizing, move on, and save some time. albeit a few seconds.

But once more for emphasis: Even if the information is already partially typed, I still use my stamp. Yes, it may be overkill since it is not required, but as I stated, that is my assurance that I was there - especially when I have to fill in the county of notarization.

Reply by Julie/MI on 5/2/06 8:18pm
Msg #117320

Linda, let's try again

The orginal question was does Michigan require a stamp for a notarial act to be valid. The answer is NO.

Others responded with the correct answer.

You added commentary to the subject and said "Are you sure?"

You then added additional commentary to the previous responders and told them they "better check their source again."

You did go on to say that YOUR PERSONAL INTERPERTATION OF Public Act 238. I think your caught up on the phrase you typed: already printed on the docs., there is no need for a stamp. Then you went on to say you have never seen all of your personal required notarial information preprinted on any docs, hence the need for a stamp. That is a wrong assumption on your part.

You may have mislead the original poster into thinking a stamp is sometimes required when it is never required. That could cause trouble.

The state's notarial laws had not been revised since the 1800's. Your signature is your proof that you were there--I caution you not to fall into reinventing the wheel, so to speak, at the suggestions of national notary associations or out state notaries who want to "protect" the notarization. That is not the job of the notary, and I am still dismayed, after being on these boards that experienced notaries still do not get it.

Now for the fun part, if you are a Michigan notary and you want to do closing work with national companies, they want a stamp. It's just not a battle worth fighting. Title companies really cannot tell you what to do, but to keep the peace I use the stamp. I have ALWAYS had two stamps, one for my home county and one for the acting in county prior to the new public act. It just saved writing time. Recordable instruments should not be embossed alone as the embosser is not clearly reproduced on scanning equipment.

There IS a bill in our legislation, in case you were unaware, that would get rid of the "acting in" for your home county. The old law did not have it, but the government got a bit crazy since most of them do not really know what a notary does or what a venue is and thought more was better, when it really wasn't. The whole acting in thing is redundant as the venue has the county where the act is done.

So why don't you bring out our township planning application story as this may clarify your thoughts on the law?

Reply by Linda_in_MI on 5/2/06 10:17pm
Msg #117338

An apology and the planning story

I apologize if I misled anyone by stating that a stamp is required in Michigan. It is not. You can't see it now, but as I'm remembering the encounter that makes up the Planning Commission story, I'm wiping egg off my face. I was told then, it is not required. It is clearly stated in the PA that the required information can be handwritten. I guess my Evelyn Woods speedreading didn't pay off. As many times as I have read that section I glazed over the handwritten-is-OK part and jumped straight to the mechanically-reproduced-part. Either that or the ease of using my stamp in those instances where not all the information is typed has caught up with me.

Now for the Planning story. When an individual wants to have property rezoned, among other actions, there is an application that is included in information presented to the Planning Commission to review that requires notarization. Last summer, while reviewing information for one of the meetings, I noticed that an application for rezoning, notarized with all info handwritten, was not stamped by the notary. I called the Office of the Great Seal (the Division of the SOS that works with notaries) explained the situation and asked: Is a stamp required? The gal on the other end of the phone replied, "If the information as required is completely filled in or written in and legible, a stamp is not required. Now that's not to say it is not a good idea, especially if the documents are going out of state, but not absolutely necessary if the information is written in. " That's it, end of story. I know, it's probably a real let down. Sorry. Hence the previously mentioned egg-on-my-face.

Julie, I had heard of the new law removing the line "Acting in the County of ". In fact, it came up at the last Michigan notaries luncheon. Speaking of which, I hope you can come to the next luncheon. I would really like to hear more of your experiences and perspectives on notaries, both in Michigan and nationwide.

Reply by BrendaTx on 5/2/06 10:25pm
Msg #117340

Re: An apology and the planning story - I really hate eggs.

I just can't seem to choke one down. Egg on my face makes me danged near invisible.