The Secretary of State is responsible for the administration of the notary
public program. Its oversight includes investigating complaints made against
notaries.
FILING A COMPLAINT
To submit a complaint concerning a notary public, please provide the
following information to the Secretary of State via fax (517-241-1820), email (disclosure@michigan.gov)
or through the U.S. mail addressed to Michigan Department of State Office of the
Great Seal, 7064 Crowner Drive, Lansing, MI 48918:
- Your name, address and telephone number;
- A statement describing the basis for complaint (include your signature
and date the complaint was signed); and
- The actual record that is the basis for the complaint or a copy,
photocopy or other replica of the record along with any other supporting
documents.
NOTE: The legality and validity of a document must be determined in a
court of law. Notarization itself does not guarantee that a document is
true, legal, valid or enforceable.
REMEDIAL ACTION
If the Secretary of State's investigation warrants action, the Secretary may
take one or more of the following actions (usually after a hearing):
- Deny a person's application to become a notary
- Issue a letter of censure
- Require the individual to take affirmative action, including restitution
to the injured person
- Suspend or revoke an existing notary appointment
- Impose a fine up to $1,000
- Require the notary to reimburse the costs of investigation
- Ask the Attorney General to petition a court for an injunction or
restraining order
- Report the violations to the Attorney General and/or local prosecutor
for prosecution
By law, the Secretary of State may automatically revoke a notary public's
commission upon conviction of a felony or the conviction of misdemeanor offenses
that involve violation of the Michigan Notary Public Act (3 or more offenses
within a 5-year period or 2 offenses in a 12-month period).
In addition, notaries and their surety bond holders are liable in a civil
action for damages sustained by the persons injured. To pursue legal action
against a notary public, contact your own attorney, the local law enforcement
agency or the prosecuting attorney's office in the county.