Michigan (MI)
Mobile Notary Publics Professional Liability Insurance in Michigan
Mobile Notary Publics in Michigan operate under the Michigan Notary Public Act, which requires a ten-thousand-dollar surety bond and a commission term of six to seven years. While the state bond protects the public, traveling notaries often carry Errors and Omissions (E&O) insurance to protect their own assets from liability during mobile appointments. Michigan does not statutorily require a journal for traditional paper notarizations, but it is considered a best practice for mobile notaries, and is mandatory for those performing electronic or remote online notarizations.
Mobile Notary Publics in Michigan at a glance
- Commissioning Authority
- Michigan Secretary of State
- Surety Bond Amount
- ten-thousand-dollar
- Journal Requirement
- Recommended / Mandatory for RON
- Commission Term
- 6 to 7 years
Manages all notary appointments and oversight.
Required for a 6 to 7-year term.
Strongly encouraged for all mobile notarial acts.
Expires on the notary's birthday.
Michigan Commissioning and Bond Requirements
To act as a mobile notary in Michigan, an individual must obtain a ten-thousand-dollar surety bond from a licensed insurance company and file it with the county clerk before submitting their application to the Secretary of State. This bond serves as a financial guarantee for the public against notary misconduct. It is important to note that attorneys in good standing with the State Bar of Michigan are exempt from the bond requirement but must still file an oath of office.
Michigan commissions are unique in their duration, typically lasting between six and seven years, with the expiration date falling on the notary's birthday. Mobile notaries must be diligent in tracking this expiration to avoid a lapse in their ability to perform notarial acts across the state.
Bond vs. E&O Insurance for Traveling Notaries
A critical distinction for Michigan mobile notaries is the difference between the state-mandated surety bond and professional Errors and Omissions (E&O) insurance. The ten-thousand-dollar bond is for the protection of the consumer, not the notary. If a claim is paid out against the bond, the notary is usually required to reimburse the surety company.
E&O insurance, conversely, is designed to protect the notary's personal and business assets. It covers legal defense costs and settlements if a notary is sued for an honest mistake, such as failing to properly identify a signer during a high-pressure mobile signing. Many traveling notaries in Michigan opt for policies ranging from twenty-five-thousand-dollar to one-hundred-thousand-dollar to ensure comprehensive protection.
Journal Rules and Best Practices
While Michigan law does not require a journal for traditional 'wet ink' notarizations, maintaining one is highly recommended for mobile notaries to mitigate liability. A detailed journal entry serves as evidence that the notary followed proper procedures and verified the signer's identity, which is essential if a notarization is later challenged in court.
For notaries authorized to perform electronic or remote online notarizations (RON), Michigan law specifically mandates the use of a secure electronic journal. Traveling notaries who transition between paper and digital formats must ensure they are meeting these specific record-keeping requirements for every transaction.
Mobile Notary Publics FAQs for Michigan
General guidance, not legal advice. Confirm current rules with the Michigan Department of Insurance and Financial Services or talk with a licensed US Professional Insure agent.