The bill amends the Michigan law on notarial acts, specifically sections 26c and 26d, to allow notaries public to perform notarial acts electronically using 2-way real-time audiovisual technology. Key requirements for this electronic notarization include the ability for all parties to communicate simultaneously, the creation and retention of an audio-visual recording of the notarial act, and the verification of identity through credential analysis both before and during the video conference. Additionally, the bill clarifies that individuals seeking notary services must affirm their physical location and that the notary must not have knowledge of any legal prohibitions against the act in the individual's jurisdiction.

The bill also encourages governmental agencies to utilize electronic records and signatures for transactions and specifies that requirements for in-person witnessing or presence can be satisfied through the aforementioned audiovisual technology. Notably, the previous expiration date for these provisions, set for July 1, 2021, has been removed, allowing the electronic notarization process to continue indefinitely. This legislative change aims to modernize notarial practices in Michigan, making them more accessible and efficient.

Statutes affected:
House Introduced Bill: 55.286