Michigan Laws 55.286a – Approval of electronic notarization systems; minimum requirements; certification by government-sponsored enterprise
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Terms Used In Michigan Laws 55.286a
- 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
- Fraud: Intentional deception resulting in injury to another.
- Information: includes data, text, images, sounds, codes, computer programs, software, and databases. 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 55.265Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 55.265 Secretary: means the secretary of state or his or her designee. See Michigan Laws 55.267 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 55.267
(1) 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.
(2) Subject to subsection (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.