Mich. Comp. Laws » Michigan Compiled Laws / Chapter 55 / Act 238 of 2003
Michigan Compiled Laws

Mich. Comp. Laws § 55.265 (2026)

Definitions; J to R.

✓ current as of July 2026
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MICHIGAN LAW ON NOTARIAL ACTS


Act 238 of 2003


55.265 Definitions; J to R.

Sec. 5.

    As used in this act:

    (a) "Jurat" means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed record.

    (b) "Lineal ancestor" means an individual who is in the direct line of ascent including, but not limited to, a parent or grandparent.

    (c) "Lineal descendant" means an individual who is in the direct line of descent including, but not limited to, a child or grandchild.

    (d) "Notarial act" means any of the following:

    (i) An act, whether performed with respect to a tangible or electronic record, that a notary public commissioned in this state is authorized to perform including, but not limited to, taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, or witnessing or attesting a signature performed in compliance with this act.

    (ii) An act described in subparagraph (i) that is performed in another jurisdiction and meets the requirements of section 25a.

    (e) "Notify" means to communicate or send a message by a recognized mail, delivery service, or electronic means.

    (f) "Official misconduct" means 1 or more of the following:

    (i) The exercise of power or the performance of a duty that is unauthorized, unlawful, abusive, negligent, reckless, or injurious.

    (ii) The charging of a fee that exceeds the maximum amount authorized by law.

    (g) "Person" means an individual or a corporation, business trust, statutory trust, estate, partnership, trust, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

    (h) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

    (i) "Remote electronic notarization platform" means any combination of technology that enables a notary public to perform a notarial act remotely; that allows the notary public to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing.

    (j) "Revocation" means the termination of a notary public's commission to perform notarial acts.

History: 2003, Act 238, Eff. Apr. 1, 2004 ;-- Am. 2006, Act 426, Imd. Eff. Oct. 5, 2006 ;-- Am. 2018, Act 360, Eff. Mar. 12, 2019

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2017–2023 · leading case: P Martha Cavill v. State of Michigan (Mich. Ct. App. 2022).
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Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). “” MCL 55.265(f)(1). The trial court did not err in directing a verdict in Sobh’s favor on plaintiff’s conspiracy allegation.”
Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). “” MCL 55.265(f)(1). The trial court did not err in directing a verdict in Sobh’s favor on plaintiff’s conspiracy allegation.”
P Martha Cavill v. State of Michigan (Mich. Ct. App. 2022). “Nevertheless, plaintiff’s notice satisfies the verification requirement contained in § 6431. The statute requires a verification “before an officer authorized to administer oaths,” and plaintiff signed and swore to the notice before a notary public.”
Martha Cavill v. State of Michigan (Mich. Ct. App. 2022). “” MCL 55.265(a). In this case, for her signature verification, plaintiff’s notice of intent provided as follows: Such signature, notarized by a notary public whose notarization was expressed in the form of a jurat, complied with the requirements of the Michigan law on notarial…”
Joseph Chisholm v. State Police (Mich. Ct. App. 2023). “” MCL 55.265(a). “Verification upon oath or affirmation” in a notarization means “a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true.”
— Mich. Comp. Laws § 55.265(a) — 3 cases
P Martha Cavill v. State of Michigan (Mich. Ct. App. 2022). “Nevertheless, plaintiff’s notice satisfies the verification requirement contained in § 6431. The statute requires a verification “before an officer authorized to administer oaths,” and plaintiff signed and swore to the notice before a notary public.”
Martha Cavill v. State of Michigan (Mich. Ct. App. 2022). “” MCL 55.265(a). In this case, for her signature verification, plaintiff’s notice of intent provided as follows: Such signature, notarized by a notary public whose notarization was expressed in the form of a jurat, complied with the requirements of the Michigan law on notarial…”
Joseph Chisholm v. State Police (Mich. Ct. App. 2023). “” MCL 55.265(a). “Verification upon oath or affirmation” in a notarization means “a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true.”
— Mich. Comp. Laws § 55.265(f)(1) — 2 cases
Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). “” MCL 55.265(f)(1). The trial court did not err in directing a verdict in Sobh’s favor on plaintiff’s conspiracy allegation.”
Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). “” MCL 55.265(f)(1). The trial court did not err in directing a verdict in Sobh’s favor on plaintiff’s conspiracy allegation.”
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