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

Mich. Comp. Laws § 55.297 (2026)

Misconduct; civil liability; conditions.

✓ current as of July 2026
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MICHIGAN LAW ON NOTARIAL ACTS


Act 238 of 2003


55.297 Misconduct; civil liability; conditions.

Sec. 37.

    (1) For the official misconduct of a notary public, the notary public and the sureties on the notary public's surety bond are liable in a civil action for the damages sustained by the persons injured. The employer of a notary public is also liable if both of the following conditions apply:

    (a) The notary public was acting within the actual or apparent scope of his or her employment.

    (b) The employer had knowledge of and consented to or permitted the official misconduct.

    (2) A notary public and the notary public's sureties are not liable for the truth, form, or correctness of the contents of a record upon which the notary public performs a notarial act.

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

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2017–2023 · leading case: Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017).
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Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). · cites it 2× “” MCL 55.297 provides: (1) For the official misconduct of a notary public, the notary public and the sureties on the notary public’s surety bond are liable in a civil action for the damages sustained by the persons injured.”
Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). · cites it 2× “” MCL 55.297 provides: (1) For the official misconduct of a notary public, the notary public and the sureties on the notary public’s surety bond are liable in a civil action for the damages sustained by the persons injured.”
Smith 267009 v. Jones (W.D. Mich. 2023). “Laws § 55.297 . Plaintiff contends that he has suffered injury as a result of Jones’s alleged misconduct.”
— Mich. Comp. Laws § 55.297(1) — 2 cases
Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). “” MCL 55.297 provides: (1) For the official misconduct of a notary public, the notary public and the sureties on the notary public’s surety bond are liable in a civil action for the damages sustained by the persons injured.”
Prof'l Contracting & Consulting Inc v. Merchants Bonding (Mich. Ct. App. 2017). “” MCL 55.297 provides: (1) For the official misconduct of a notary public, the notary public and the sureties on the notary public’s surety bond are liable in a civil action for the damages sustained by the persons injured.”
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