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Law

MI Senate Bill 1188

Notary Law Update: MI Senate Bill 1188

State: Michigan

Summary:
Senate Bill 1188 requires a Michigan county register of deeds to record a paper printout of an electronic document that has been notarized in compliance with Michigan’s Notary statutes if it does not have an electronic recording system that allows it to record electronic real property documents.

Signed:  December 30, 2020

Effective:  December 30, 2020

Chapter: Public Act 337

Affects:
Amends Sections 565.843 and 565.844 of the Michigan Compiled Laws.

Changes:
  1. Provides that a register of deeds must accept electronic documents for recording during the period between April 29, 2020, and before July 1, 2020.
  2. Provides that if a register of deeds does not have the equipment to accept an electronic document, the register of deeds must accept for recording a tangible copy of an electronic document properly notarized under the Michigan Law on Notarial Acts, MCL 55.261 to 55.315.
  3. Requires a financial institution to accept a document or electronic document recorded by a register of deeds during this time period.
  4. Clarifies that these provisions apply after April 29, 2020, and before July 1, 2021.
Analysis:

Senate Bill 1188 is a temporary measure that extends previously enacted House Bill 6296. If a Michigan county register of deeds does not have an electronic recording system that allows it to record electronic real property documents, the register of deeds must record a paper printout of an electronic document that has been notarized in compliance with Michigan’s Notary statutes. Normally, a copy certification would be the proper notarial act in this circumstance, but Michigan’s Notary statutes do not allow Notaries to certify copies. Thus, the paper printout of the electronic document must be notarized with an acknowledgment, jurat, or signature witnessing. House Bill 6296 was a temporary bill just like Senate Bill 1188 now is. It expired on December 31, 2020. Thus, Senate Bill 1188 was needed to extend the expiration date of the act until July 1, 2021. At that time, Senate Bill 1188 will expire.

Read the bill text.

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