What is the difference between a notarial and a notaries public?
What are the different types of notaries offices and the legal obligations they must fulfill?
This week, a new set of documents from the state of Michigan shed new light on these issues.
Michigan Attorney General Bill Schuette’s office filed a lawsuit in the U.S. District Court for the Northern District of Michigan on Thursday seeking to establish a notarization office for the state.
The suit was filed in response to a series of reports by the Associated Press and ProPublica alleging that Michigan’s notary public is often used as a conduit to solicit and receive government contracts.
According to the Michigan Attorney General’s Office, Michigan’s legal standards require notaries to:A notary does not have to hold an office or perform an act that directly violates the public interest in the practice of law.
A notarial is not subject to the legal responsibilities imposed by law on other professionals or employees of the state in the performance of their legal duties.
If a notario fails to meet these standards, they may face disciplinary action by the attorney general or by the State Board of Notaries.
The lawsuit also seeks an injunction against the use of the notary as a source of funds for a nonprofit organization.
It’s not clear exactly how much money Schuettes office wants from the federal government.
The Attorney General is suing to establish an Office of Notary Public, a separate legal entity created by the state, and it would be unclear if the money will come from the Federal Government or state funds.
The attorney general also alleges that the notaries are being “harassed and intimidated” by a group of individuals who are working for a Michigan-based notary, but this is unclear.
It’s possible the state will ultimately win the lawsuit, but we will keep you updated on any news.
Read the full story at ProPublicas.com