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. This technology must enable simultaneous communication between the notary, the individual seeking notary services, and any required witnesses. Key requirements include the ability to confirm identities through credential analysis before and during the video conference, the ability to create a tamper-evident record, and the necessity for all parties to sign the record in a manner that ensures its integrity. The bill also clarifies that records notarized electronically do not need to be notarized under any other provision of the act, and it establishes a presumption of compliance with the new electronic notarization requirements.

Additionally, the bill encourages governmental agencies and officials to utilize electronic records and signatures for transactions and recognizes that the requirement for in-person witnesses can be satisfied through the use of the specified audiovisual technology. The amendments also remove the previous expiration date of July 1, 2021, for these provisions, allowing them to remain in effect indefinitely. Overall, the bill modernizes the notarial process in Michigan, facilitating greater accessibility and efficiency in legal transactions.

Statutes affected:
Senate Introduced Bill: 55.286