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MI Guidance on Video-Conference Notarizations

Guidance

State: Michigan
Signed: May 01, 2020

Effective: May 01, 2020

Summary

The Michigan Secretary of State has issued guidance on the temporary authorization allowing Notaries to perform video-conference notarizations.

Affects

All Michigan Notaries Public.

Changes
  1. Requires the audiovisual technology used to allow direct interaction between the signer and the Notary by sight and sound.
  2. Requires the Notary to create and keep an audio and visual recording of the notarization for 10 years.
  3. Requires the Notary to keep a journal of each transaction conducted using the videoconference technology.
  4. Provides that the journal should state the name and address of the individual, the date of the notarization, the type of document being notarized, the identification documentation provided, and the program used to conduct the video conference (e.g. Skype, Zoom, etc.)
  5. Requires that satisfactory evidence of identity must be presented during the video conference that is the same as it is under current law, but it must be shown during the live video.
  6. Requires the individual seeking notarial services to state whether he or she is physically located in Michigan.
  7. Provides that if the individual for whom notarial services are performed is located in another state, the document must relate to a matter going before a court, governmental entity, public official, or entity in Michigan, or the document must involve property located in Michigan.
  8. Requires signatures to be affixed in a manner that renders any future changes or modifications to be evident.
  9. Requires the Notary to place the phrase: “Notarized using electronic/remote technology” under the Notary bloc.
  10. Requires the individual seeking notarial services to immediately transmit (by fax, mail, email) a legible copy of the entire signed document on the same date that it was signed regardless of how the document itself is signed.
  11. Provides that on receipt of the document, the Notary must notarize the document and send it back to the individual.
  12. Clarifies that the date and time of the notarization is the date and time the Notary witnessed the person sign during the video conference.
Analysis

In order to help Michigan Notaries comply with the Governor's Executive Orders No. 2020-41 and No. 2020-74, the Michigan Secretary of State has published guidance on performing video-conference notarizations. The guidance mostly restates the provisions of the Governor's Orders.

To read the guidance, click Download PDF below.

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