AffectsAmends Sections 55.263, 55.265, 55.267, 55.275, 55.286b and 55.287 of and adds new Sections 55.286 and 55.286a to the Michigan Compiled Laws.
AnalysisEarlier in 2018, Michigan adopted remote online electronic notarization provisions (see the new law update for House Bill 5811). At the same time, the Secretary of State had sponsored Senate Bill 664, a bill that would allow Notaries to perform "traditional" electronic notarizations. Senate Bill 664 requires a Notary who wishes to perform electronic notarizations to inform the Secretary of State before performing one and identify the electronic notarization system he or she will use. The new law requires the Secretary and the Department of Technology, Management, and Budget to formally approve such systems. The first must be approved no later than March 30, 2019. Notaries must use only approved systems. The new law provides the criteria by which systems will be approved. Senate Bill 664 also made some additional changes to Michigan's Notary statutes. It amended the newly enacted remote online notarization provisions by moving certain definitions to the global definition section. The new law also allows the Secretary to develop and deploy an electronic Notary commission application system.
Read Senate Bill 664.