Legislation
State: Michigan
Signed: December 12, 2018
Effective: December 12, 2018
Chapter: Public Act No. 361
SummarySenate Bill 996 provides updated rules for recognizing notarial acts performed in U.S. states, federally recognized Indian tribes, under federal law and in foreign countries.
AffectsAmends Sections 1 and 11 (55.261 and 55.271) of and adds Section 25a (55.285a) to the Michigan Compiled Laws.
Changes
- Provides rules for the interstate recognition of notarial acts and also the recognition of notarial acts under U.S. law, federally recognized Indian tribes, and foreign countries.
- Broadens the definition of "notarial act" to include a notarial act that is performed in another jurisdiction and meets the recognition provisions proposed in the legislation.
- Broadens the definition of "person" to include a limited liability company.
- Clarifies that an out-of-state applicant for a Notary commission must demonstrate he or she is engaged in an activity in connection with the business he or she works at in Michigan.
- Renames the Michigan Notary Public Act to Michigan Law on Notarial Acts.
- Makes technical, non-substantive changes.
AnalysisSenate Bill 996 replaces Michigan's Uniform Recognition of Acknowledgments Act that was repealed by Senate Bill 998 (see new law update). The new provisions essentially bring into Michigan's statute the recognition of notarial acts provisions that are part of the Revised Uniform Law on Notarial Acts (RULONA). Michigan did not adopt the entire RULONA, but sought to update the critically-important recognition rules by which documents notarized in other U.S. states, federally recognized Indian tribes, under U.S. federal law and in foreign countries are recognized as legally valid.
Read Senate Bill 996.