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Acknowledgments
Some facts about
acknowledgments that may
be helpful:
-
A notary public
should not certify
the acknowledgment
to an instrument
concerning a
transaction in which
the notary has a
disqualifying
interest. For
instance, if the
notary is a property
owner, he or she
should not execute
an acknowledgment
involving that
property.
-
A notary public may
take the
acknowledgment of a
relative, even a
spouse, if the
notary has no
interest in the
transaction.
However, to avoid
questions concerning
possible
disqualifying
interests, it is
advisable to use an
independent third
party notary public,
if possible.
-
A notary public may
act as a witness to
and notarize the
same instrument.
Signing for Persons with
Physical Limitations
A notary public may sign
the name of a person
whose physical
characteristics limit
his or her capacity to
sign or make a mark on a
document presented for
notarization if all of
the following
circumstances exist:
-
The notary public is
orally, verbally, or
through electronic
or mechanical means
provided by the
person directed to
do so by that
person;
-
The person is in the
physical presence of
the notary public;
-
The notary public
inscribes beneath
the signature:
signature affixed
pursuant to section
55.113(2) of the
Michigan Compiled
Laws.
Persons Who Cannot Sign
Own Name
A notary public may take
the acknowledgment of a
person who cannot sign
his or her own name.
Such a person should
sign the instrument by
marking an "x" in the
presence of two
witnesses, one of whom
may be a notary public.
Notaries Cannot Certify
a Copy of a Document
Michigan notaries public
do not have authority to
certify a copy of a
document and make a
statement on the copy
that it is a true copy
of an original document.
Only the person or
agency that issued the
document, or the person
or agency to whom the
document was issued, can
certify that a copy of
the original document is
true and accurate.
For example, an official
from the school that
issued a diploma can
certify that a duplicate
is a true copy of the
original diploma. Or,
the person named on the
diploma can make a true
copy of the original
diploma.
Better Not to Sign
-
Notarize only those
documents signed in
your presence. Do
not notarize a
document you know is
false or part of an
illegal or
fraudulent scheme,
or if you or a
family member have a
financial interest.
-
Notarize a signature
only when identity
is clearly
established.
-
Notarize a signature
only after watching
the person sign the
document. Do not
accept a signature
as genuine on the
word of a third
party.
-
Notarize papers and
documents after
completion by the
person whose
signature is
notarized.
-
Never notarize your
own signature or
documents in which
you are named as a
party.
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