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November 26, 2024
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Applicable Law
Uniform Electronic Transactions Act: Michigan has adopted the Uniform Electronic Transactions Act (2000 PA 305) (MCL 450.831, et seq.), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (MCL 450.841).
Uniform Real Property Electronic Recording Act: In 2010, Michigan enacted the Uniform Real Property Electronic Recording Act, including the following provision: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature]” (MCL 565.843[3]).
Michigan Law on Notarial Acts: The Michigan Law on Notarial Acts contains provisions regarding the notarization of electronic records. These provisions are summarized below.
Tamper-Evident Technology
Selection by Notary: “A notary public may select 1 or more tamper-evident electronic notarization systems to perform notarial acts electronically. A person may not require a notary public to perform a notarial act electronically with an electronic notarization system that the notary public has not selected” (MCL 55.286[
1]).
Standards: “If the secretary and the department of technology, management, and budget have approved the use of 1 or more electronic notarization systems under section 26a, the notary public must select the system he or she intends to use from the approved electronic notarization systems. The secretary may disallow the use of an electronic notarization system if the electronic notarization system does not satisfy the criteria described in section 26a” (MCL 55.286[2])
Technology Systems
Definition: “‘Electronic notarization system’ means a set or system of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations” (MCL 55.263[f]).
Requirement: “By March 30, 2019, the secretary and the department of technology, management, and budget shall review and approve at least 1 electronic notarization system for the performance of electronic notarizations in this state. The secretary and the department of technology, management, and budget may approve multiple electronic notarization systems, and may grant approval of additional electronic notarization systems on an ongoing basis. The secretary and the department of technology, management, and budget shall review the criteria for approval of electronic notarization systems, and whether currently approved electronic notarization systems remain sufficient for the electronic performance of notarial acts, at least every 4 years” (MCL 55.286a[1]).
“(2) Subject to subsection [MCL 55.286a] (3), in considering whether to approve an electronic notarization system for use in this state under subsection (1), the secretary and the department of technology, management, and budget shall consider, at a minimum, the following:
“(a) The need to ensure that any change to or tampering with an electronic record containing the information required under this act is evident.
“(b) The need to ensure integrity in the creation, transmittal, storage, or authentication of electronic notarizations, records, or signatures.
“(c) The need to prevent fraud or mistake in the performance of electronic notarizations.
“(d) The ability to adequately investigate and authenticate a notarial act performed electronically with that electronic notarization system.
“(e) The most recent standards regarding electronic notarizations or records promulgated by national bodies, including, but not limited to, the national association of secretaries of state.
“(f) The standards, practices, and customs of other jurisdictions that allow electronic notarial acts.
“(3) If an electronic notarization system for the performance of electronic notarizations is approved or certified by a government-sponsored enterprise, as that term is defined in 2 USC 622(8), the secretary and the department of technology, management, and budget shall approve the system for use in this state if verifiable proof of that approval or certification is provided to the secretary and department, unless the use of the electronic notarization system is affirmatively disallowed by the secretary” (MCL 55.296a[2]-[3]).Approval of System Providers: Required.
List of Approved System Providers: Provided. A list of approved providers may be found at the Secretary of State’s website at https://www.michigan.gov/sos/-/media/Project/Websites/sos/19delrio/List_of_Vendors.pdf?rev=92f698ec41f845feaef84e0a48bf9f73&hash=F98A9AB80866D532ABD1C234FD8904DD.
Indication of Electronic Act: “On each record that a notary public performs a notarial act and immediately near the notary public’s signature, as is practical, the notary public shall print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary and in a manner capable of photographic reproduction… (f) if applicable, whether the notarial act was performed using an electronic notarization system under section 26a [MCL 55-286a].…” (MCL 55-287[2][f]).
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“All of the following apply with regard to a notarial act that is performed in another state:
”(a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following individuals:
”(i) A notary public who is authorized to perform notarial acts in the state in which the act is performed.
”(ii) A judge, clerk, or deputy clerk of any court of record in the state in which the notarial act is performed.
”(iii) Any other individual who is authorized to perform notarial acts in the state in which the act is performed.
”(b) The signature and title of an individual described in subdivision (a)(i) to (iii) who performs a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of an individual described in subdivision (a)(i) or (ii) who performs a notarial act in another state conclusively establish the authority of the individual to perform the notarial act” (MCL 565.285a[1]).
Notarial Acts
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Under Authority of Federally Recognized Indian Tribe
“All of the following apply with regard to a notarial act that is performed under the authority and in the jurisdiction of a federally recognized Indian tribe:
”(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following individuals:
”(i) A notary public of the tribe.
”(ii) A judge, clerk, or deputy clerk of a court of the tribe.
”(iii) Any other individual who is authorized under the law of the tribe to perform notarial acts.
”(b) The signature and title of an individual described in subdivision (a)(i) to (iii) who performs a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of an individual described in subdivision (a)(i) or (ii) who performs a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe conclusively establish the authority of the individual to perform the notarial act” (MCL 565.285a[2]).
Notarial Acts Under Federal
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Law
“All of the following apply with regard to a notarial act that is performed under federal law:
”(a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notary public of this state, if the act performed under federal law is performed by any of the following individuals:
”(i) A judge, clerk, or deputy clerk of a federal court.
”(ii) An individual who is in military service, or is performing duties under the authority of military service, who is authorized to perform notarial acts under federal law.
”(iii) An individual who is designated as a notarizing officer by the United States Department of State to perform notarial acts outside of the United States.
”(iv) Any other individual who is authorized by federal law to perform the notarial act.
”(b) The signature and title of an individual described in subdivision (a)(i) to (iv) who performs a notarial act under federal authority are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of an individual described in subdivision (a)(i) to (iii) who performs a notarial act under federal authority conclusively establish the authority of the individual to perform the notarial act” (MCL 55.285a[3]).
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