Michigan Laws 55.286 – Electronic notarization systems; notification required
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 55.286
- Department: means the department of state. See Michigan Laws 55.263
- Electronic: means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 55.263
- 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. See Michigan Laws 55.263
- Notarial act: means any of the following:
(i) An act, whether performed with respect to a tangible or electronic record, that a notary public commissioned in this state is authorized to perform including, but not limited to, taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, or witnessing or attesting a signature performed in compliance with this act. See Michigan Laws 55.265Notify: means to communicate or send a message by a recognized mail, delivery service, or electronic means. See Michigan Laws 55.265 Person: means an individual or a corporation, business trust, statutory trust, estate, partnership, trust, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 55.265 Secretary: means the secretary of state or his or her designee. See Michigan Laws 55.267
(1) Except as otherwise provided in section 26c, 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.
(2) Before a notary public performs the notary public’s initial notarial act electronically, the notary public shall notify the secretary that the notary public will be performing notarial acts electronically and identify the electronic notarization system the notary public intends to use for electronic notarizations. 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.