Posted by PJM/MI on 9/6/13 6:22am
Msg #483397

Dual State Commission?

I just found out that two commissioned notaries in Michigan also hold a commission in a neighboring state. I was under the impression that in Michigan, you CANNOT hold another commission in another state. Am I right or wrong?

Reply by James Powell on 9/6/13 6:59am
Msg #483399

55.283 Obtaining and reading state statutes.
Sec. 23. Before a notary public performs any notarial act, the notary public shall obtain and read a copy of
all the current statutes of this state that regulate notarial acts.

Your answer is there.

Reply by apsnltch on 9/6/13 10:10am
Msg #483425

I have also wondered recently about this as I am close to a state Line. I have reviewed MI Notary Public Act and have not found an answer to the dual notary. The Act basically states that to be a notary in the State of MI you must reside or prove your business is in the State of MI and that your business may require you to be a notary public in the state.

I see nowhere that you cannot be a notary in another state as well as MI.

I sent an email to the SOS...no guarantee that I will get a response or how soon, but I will keep you posted if and when I hear something

Also, I am sure that we would need to know what the OTHER STATE requirements are as well.
I sent an email to another state awhile back and my email was rejected for some reason,mdon't remember, but never pursued it further as of late.

Reply by DFZei on 9/6/13 10:57am
Msg #483437

I am also close to the state line and am always getting calls for Indiana. I have researched this and there is not a reciprocal agreement between MI and IN

Reply by Linda_H/FL on 9/6/13 11:09am
Msg #483440

Indiana notaries must be legal residents of Indiana

http://www.in.gov/sos/business/2491.htm

Also, reminder - Indiana is a TPL state.

Reply by Mia on 9/6/13 7:27pm
Msg #483541

Karon - You are duell commissioned

Karon do you have a TPL for Indiana?

Reply by apsnltch on 9/6/13 8:39pm
Msg #483553

Re: Karon - You are duell commissioned

I am NOT dual commissioned. I am the one that was interested in finding out if it was possible to be along with the original poster......

My profile states that if a Notary Signature is NOT needed I am willing to travel to a couple of counties in Indiana to go through the paperwork with the client if that is what the customer wishes. and I do not believe that anything is wrong with "Completing documents with a client that does not require a Notary Signature" in another state. I have done application processing here in MI that have NOT needed Notary Signature. If it doesn't need a notary, why not....I am still trained in the documents. If I am wrong, please tell me..... I have people call me to do inspections in Indiana and Notary is not necessary.

I am wondering if Linda isn't correct though in regards to the TPL....I have been signing up with some Places that request on your profile if you have TPL in Indiana and a few other states. This leads me to believe that if you could be a notary in Indiana as well as MI that you would still have to have the TPL to be a RE Loan Signing Agent. I really believes that this calls for more research and maybe an Indiana Notaries Input......

Reply by Julie/MI on 9/6/13 11:11am
Msg #483441

you are wrong

Reply by apsnltch on 9/6/13 11:24am
Msg #483442

There was a couple of statements prior to yours....Who/what are you indicating is wrong?? Please....

Reply by Julie/MI on 9/6/13 1:58pm
Msg #483484

Re: Dual State Commission? original poster

a

Reply by Linda_in_MI on 9/6/13 1:36pm
Msg #483479

TP n/m

Reply by Linda_in_MI on 9/6/13 1:46pm
Msg #483480

residency and TPL in Indiana (hit enter too soon)

Having recently moved from Michigan to Indiana, the TPL requirement was one of the first things I checked into. TPL is required only AND ONLY if you will be handling closings of any type. It is not required if all you are going to do is general notary work. Now that's not to say that there aren't notaries without TPL handling closings. But as part of their anti-fraud efforts IN requires notaries to go online and complete a form after every closing.

As for the residency requirement, from PA238:
"55.271 Notary public; qualifications.
For a person who does not reside in the state of Michigan, demonstrates that his or her principal place of business is located in the county in which he or she requests appointment and indicates that he or she is engaged in an activity in which he or she is likely to be required to perform notarial acts as that word is defined in section 2 of the uniform recognition of acknowledgments act, 1969 PA 57, MCL 565.262."

But keep in mind the different state reqs as it relates to fees. Indiana has a max of $2/signature. Not notarial act, but signature. Also, there is nothing stated as to compensation for mileage or travel. I was told by the SOS to check with an attorney, or with other notaries to determine what was fair and reasonable and basically what the market was allowing.

Reply by Mia on 9/6/13 7:22pm
Msg #483540

Your Wrong

There is nothing in the MCL's or PA's that State you can't be commissioned in another State.
The reason I say this is because the MCL's state (see the 4th qualification) the following:

Michigan Department of State
Office of the Great Seal
Notary Public Information


Qualifications
You must:
• Be at least 18 years old;
• Be a Michigan resident or maintain a place of business in Michigan;
• Be a U.S. citizen or possess proof of legal presence;
*****Be a resident of the county in which you request appointment (if you do not reside in Michigan, maintain a principal place of business in the county you request appointment);
• Read and write in the English language;
• Be free of any felony convictions within the past 10 years (if previously convicted of a felony, the 10-year period includes completion of the sentence for that crime, any term of imprisonment, parole, or probation, and payment of all fines, costs, and assessments);
• Have not been convicted of 2 or more misdemeanor offenses involving a violation of the Michigan Notary Public Act within a 12-month period while commissioned, or 3 or more misdemeanor offenses involving a violation of this Act within a 5-year period regardless of being commissioned;
• 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 State Constitution;
• Sign a declaration that all information on your application for Michigan Notary Public Commission is correct, that you have read the Michigan Notary Public Act, and that you will perform all notarial acts faithfully;
• Any individual currently serving a term of imprisonment in any state, county or federal correctional facility is prohibited from being appointed or serving as a notary public.




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Reply by apsnltch on 9/8/13 9:28am
Msg #483682

Re: Your Wrong

After doing more research, I find that it is required for anybody closing a loan in the state of IN including Notary/signing agents, they must have TPL.

Although I am on the MI/IN state line, most of my business is and would still be for MI as I am willing to cover more surrounding Counties. I do not see the benefit of $1000.00 License and additional cost of required training to get the license for me. Training is always helpful but seems prohibitive to me for a cost to do business in IN.

Question still.....can a notary be a dual Notary in the State of MI and IN to complete OTHER Notary acts? After Looking at the SOS Website for IN, I do not believe that A MI (Resident) Notary could be a Notary in IN as well because it states you must be a Legal Resident of the State (IN). I am not.
It does not have a provision for a business in IN that I can see, like MI Act does.

To Be fair though....Can an IN Notary be a Notary in MI as well? If you are a legal resident in IN and are a Notary under IN requirements can you fall in the Business requirements of MI and also become a notary in MI as well.....??????

Reply by Mia on 9/8/13 4:50pm
Msg #483701

Karon

You asked:>>Can an IN Notary be a Notary in MI as well? If you are a legal resident in IN and are a Notary under IN requirements can you fall in the Business requirements of MI and also become a notary in MI as well.....?<<

I don't see anything that would prohibit you from having a Notary Public Commission in both States (providing that Indiana allows it -- I haven't looked up IN requirements). However, Michigan allows you to have a Notary Public Commission "if" you work or have a business in Michigan.
I don't think that being a MI Notary Public makes you a "Business". The way I'm reading it, it means that you live in WI, OH or IN and work (for an employer or own your own business [not just being a Notary Public] in MI.


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Reply by apsnltch on 9/8/13 6:17pm
Msg #483702

Re: Karon

IN requirements are you have to be a legal resident of IN

MI requirements you have to be a legal resident or have a business in MI or the county in MI that you wish to become a notary in.

IF>>>>I lived in IN you are correct, I do not believe that being a Notary/Signing Agent would be enough to meet that requirement.

I am a bookkeeper/taxpreparer by trade (for 21 years)....I have been a notary for 30 years and picked up on the Notary/signing agent thing since being a self employed mortgage loan officer went south in 2010.

I was born and raised in IN but have lived in Michigan (right across the line) for 35 years. I found the post interesting more because of the geopraphics as anything.

I just thought it was interesting that a MI notary doesn't appear to be able to be an IN notary because of IN Residency requirement but that an IN Notary it appears could potentially be a Michigan Notary if the IN Notary had a business of some sort in MI that would justify being a notary. A little ironic I think.