A bill to amend 2003 PA 238, entitled “Michigan law on notarial acts,” by amending sections 3, 5, 26, 26a, 26b, and 27 (MCL 55.263, 55.265, 55.286, 55.286a, 55.286b, and 55.287), sections 3, 26, and 26b as amended by 2020 PA 249 and sections 5 and 27 as amended and section 26a as added by 2018 PA 360, and by adding section 26e; and to repeal acts and parts of acts.
House Bill No. 5882 proposes amendments to the Michigan Law on Notarial Acts, specifically targeting sections 3, 5, 26, 26a, 26b, and 27, and adding section 26e. The bill aims to modernize and expand the scope of notarial acts by incorporating electronic and remote notarization systems. It defines key terms such as "acknowledgment," "communication technology," and "remote electronic notarization platform," and outlines the conditions under which notaries can perform electronic and remote notarizations. The bill mandates that notaries notify the Secretary of State before performing electronic or remote notarizations and select approved systems or platforms. It also sets standards for these systems to ensure security, integrity, and fraud prevention. The bill stipulates that the Secretary of State and the Department of Technology, Management, and Budget must review and approve electronic notarization systems and remote notarization platforms, considering factors like tamper-evidence, integrity, and fraud prevention. Notaries are required to maintain a journal of all notarial acts performed electronically or remotely, retaining records for at least ten years. The bill also allows for the use of communication technology for notarial acts under specific conditions, such as during a statewide emergency, and outlines the requirements for such technology, including the ability to create and retain audio-visual recordings. The legislation impacts various stakeholders, including notaries, financial institutions, and individuals requiring notarial services. Notaries benefit from the flexibility to perform their duties remotely, while financial institutions and legal professionals gain streamlined processes for document notarization. However, the bill imposes additional responsibilities on notaries to ensure compliance with new standards and record-keeping requirements. Key timelines include the requirement for the Secretary of State and the Department of Technology, Management, and Budget to review and approve systems by March 30, 2019, and to review standards every four years. The bill also repeals section 26d of the Michigan Law on Notarial Acts.
Co-sponsored by Reps.
Referred to the Committee on Judiciary
