Notary Term Length Expiring on the Notary s birthday not less than six years nor more than seven years from the date of appointment (MCL [2]).

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1 Last Update: September 10, 2018 QUICK FACTS Notary Jurisdiction Statewide (MCL [2]). Notary Term Length Expiring on the Notary s birthday not less than six years nor more than seven years from the date of appointment (MCL [2]). Notary Bond $10,000 (MCL [2]). Notary Seal Not required. Notary Journal Required only for remote electronic notarial acts. ADMINISTRATION AND RULES Commissioning Official Michigan s Secretary of State (Office of the Great Seal) administers the Notary program and maintains records on Notaries (MCL [1]). All information contained in Notary commission applications is subject to disclosure under the Freedom of Information Act (MCL et seq.). Contact Information Notary Administration Michigan Department of State Office of the Great Seal 7064 Crowner Drive Lansing, MI (Richard H. Austin Bldg., 1st Floor 430 W. Allegan St.) Website: Laws, Rules and Guidelines Most Notary regulations are in the Michigan Compiled Laws (MCL): Michigan Notary Public Act, as amended (2003 PA 238) (MCL , et seq.) and Uniform Recognition of Acknowledgments Act, as amended (1969 PA 57) (MCL , et seq.).

2 Guidelines: The pamphlet Becoming a Michigan Notary Public, issued by the Department of State, is available on the Department s website ( Publications and Forms ). COMMISSION AND APPOINTMENT Commission Process Qualifications: An applicant for a commission as a Michigan Notary Public must (MCL and ): (a) be at least 18 years old, (b) be a resident of Michigan or maintain a place of business in the state, (c) be a U.S. citizen or possess proof of legal presence in the United States, (d) be a resident of the county from which an appointment is sought, or, for a non-resident of Michigan, maintain a principal place of business in the county in which an appointment is sought, (e) read and write the English language, (f) be free of any felony convictions within the past 10 years, (g) not be currently imprisoned in any state, county or federal correctional facility and (h) not have been convicted of two or more specified misdemeanors for violations within a 12-month period while commissioned, or of three or more violations within a five-year period regardless of being commissioned. (The term specified misdemeanors is to be determined by the Michigan Secretary of State and includes the following: a violation of the Michigan Notary Public Act; a violation of the public trust; an act of official misconduct, dishonesty, fraud or deceit; or an act substantially related to the duties or responsibilities of a notary public [MCL ].) Course: Not required. Examination: Not required. Familiarity with State Law: Before a notary public performs any notarial act, the notary public shall obtain and read a copy of all the current statutes of this state that regulate notarial acts (MCL ). Every citizen appointed as a notary has a duty to learn the notarial laws on their own initiative (website, What is a Notary Public? ). Application: Within 90 days before submitting an application to the state, an applicant for a Notary commission must obtain a $10,000 surety bond and file it with the county clerk in the county where the Notary resides or, for an out-of-state resident, where the Notary s principal place of business is located (MCL [1]). The completed application should also be presented to the clerk at that time. (The county filing fee is $10, though it may be higher in Wayne County.) Charter counties with a population of 2,000,000 or more may charge a higher fee (website, Becoming a Michigan Notary Public ). The clerk will administer an oath of office and fill out the designated part of the application, thereby verifying that the applicant has completed all the requirements. The applicant must then sign the form. Licensed Michigan attorneys are not required to file a surety bond as of April 1, 2007 (MCL ), but they must still file an oath with the county. The completed application, along with a $10 fee payable to the State of Michigan must then be submitted by the applicant to the Office of the Great Seal. If issued, the commission in the form of a blue, wallet-sized card will be sent directly to the Notary s residence address (BMNP). There is no commission renewal process per se the procedure for getting another commission is the same as for securing the original commission. Current Notaries seeking a new commission must apply no earlier than 60 days before expiration (BMNP). Licensed Michigan attorneys whose commission was issued on or after April 1, 2007, will receive a reappointment application 90 days prior to expiration (BMNP).

3 There are special application rules for Michigan Department of Corrections Employees only: MDOC employees who are required as a condition of employment to perform notarial services must process their application in accordance with specific guidelines as directed by MDOC (website, Michigan Department of Corrections Employees Only ). Non-Residents: An out-of-state resident with a principal place of business in Michigan may become a Michigan Notary. The applicant must show that his or her principal place of business is located in the county in which an appointment is sought and that he or she is likely to be asked to perform notarial acts (MCL [1][e]). Online Search The state s roster of Notaries may be searched by name, county or expiration date through the Michigan Notary Public Search function on the Department of State s website. Information provided describes a Notary s current status, including county of commission, appointment date and commission expiration date. Jurisdiction A notary public may perform notarial acts anywhere in this state (MCL [2]). Term Length A notary public may perform notarial acts from the date of appointment until the notary s birthday occurring not less than 6 years and not more than 7 years after the date of his or her appointment unless the appointment is canceled, suspended, or revoked by the secretary or by operation of law (MCL [2]). Bond Required: For the official misconduct of a notary public, the notary public and the sureties on the notary public s surety bond are liable in a civil action for the damages sustained by the persons injured (MCL [1]). Within 90 days before filing an application for a notary public appointment, a person shall file with the county clerk of his or her residence or expected appointment a proper surety bond and an oath taken as prescribed by the constitution (MCL [1]). The bond shall be in the sum of $10, with good and sufficient surety by a surety licensed to do business in this state. The bond shall be conditioned upon indemnifying or reimbursing a person, financing agency, or governmental agency for monetary loss caused through the official misconduct of the notary public in the performance of a notarial act. The surety is required to indemnify or reimburse only after a judgment based on official misconduct has been entered in a court of competent jurisdiction against the notary public. The aggregate liability of the surety shall not exceed the sum of the bond (MCL [2]). Cancellation of Bond: The surety on the bond may cancel the bond 60 days after the surety notifies the notary, the secretary, and the county clerk of the cancellation. The surety is not liable for a breach of a condition occurring after the effective date of the cancellation. The county clerk shall not accept the personal assets of an applicant as security for a surety bond under this act (MCL [2]). A notary public and the notary public s sureties are not liable for the truth, form, or correctness of the contents of a record upon which the notary public performs a notarial act (MCL [2]).

4 Attorneys Exempted: The requirement of filing a bond does not apply to an applicant that demonstrates, in a manner acceptable to the secretary, licensure as an attorney at law in this state (MCL [[1]f]). Employer Liability: The employer of a notary public is also liable if both of the following conditions apply: (a) The notary public was acting within the actual or apparent scope of his or her employment. (b) The employer had knowledge of and consented to or permitted the official misconduct (MCL [1]). Changes of Status Address or Name Change: A notary public shall immediately apply to the secretary, in a format prescribed by the secretary, for a corrected notary public commission upon the occurrence of any of the following circumstances: (a) A change in the notary public s name. (b) A change in the notary public s residence or business address (MCL [1]). A Michigan Notary Public Request for Duplicate/Notice of Change form is available for this purpose and downloadable on the website.) There is no charge and no need to apply for a new commission. The Notary also must immediately apply to the Secretary if the Notary s commission contains an error in the person s name, birth date, county or other pertinent information, reflecting a change in factual information in the person s application. After your commission has been corrected, you will receive a new certificate in the mail. The secretary shall notify the county clerk of the applicant s appointment when a corrected commission is issued by the secretary (MCL [3]). Factual Information: A notary public shall immediately notify both the secretary and the county clerk of his or her appointment, in a format prescribed by the secretary, upon any change in the factual information stated in the notary public s application for appointment (MCL [2]). NOTARIAL ACTS Authorized Acts Michigan Notaries are authorized to perform the following notarial acts (MCL [1]): Take acknowledgments; Administer oaths and affirmations; Take verifications upon oath or affirmation; Witness or attest signatures. Acknowledgments Definition: Acknowledgment means the confirmation by a person in the presence of a notary public that he or she is placing or has placed his or her signature on a record for the purposes stated in the record and, if the record is signed in a representative capacity, that he or she is placing or has placed his or her signature on the record with the proper authority and in the capacity of the person represented and identified in the record (MCL [a]).

5 Standards: In taking an acknowledgment, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the person in the presence of the notary public and making the acknowledgment is the person whose signature is on the record (MCL [2]). The acknowledgment notarization is not part of the document, and it does not affect its validity. Typically, they are executed on deeds and other documents that will be publicly recorded by a county official (website, Jurat vs. Acknowledgments ). An acknowledgment does not require that a record be signed in the notary s presence. An acknowledgment merely confirms the identity of the signer, who acknowledges that he or she signed the record. When taking an acknowledgment, a notary public must determine that the individual appearing before the notary and making the acknowledgment is the person whose signature is on the record. Again, a personal appearance before the notary is required (website, Notarization of Document(s) and MCL [2]). If the document was signed outside the notary s presence, the document signer must make a personal appearance before the notary to confirm it is their signature prior to the document being notarized (T)here is no exception to the requirement of a personal appearance before the notary (website, Jurat vs. Acknowledgments ). Oaths and Affirmations Definition: The word oath shall be construed to include the word affirmation in all cases where by law an affirmation may be substituted for an oath; and in like cases the word sworn shall be construed to include the word affirmed (MCL 8.3k). Standards: The usual mode of administering oaths now practiced in this state, by the person who swears holding up the right hand, shall be observed in all cases in which an oath may be administered by law except as otherwise provided by law. The oath shall commence, You do solemnly swear or affirm (MCL ). Every person conscientiously opposed to taking an oath may, instead of swearing, solemnly and sincerely affirm, under the pains and penalties of perjury (MCL ). Verifications Upon Oath or Affirmation Definition: Verification upon oath or affirmation means the declaration by oath or affirmation that a statement is true (MCL [d]). A jurat is the type of certificate wording completed by a Notary in executing a verification upon oath or affirmation. Jurat means a certification by a notary public that a signer, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made in the presence of the notary public a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed record (MCL [a]). Standards: In taking a verification upon oath or affirmation, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the person in the presence of the notary public and making the verification is the person whose signature is on the record being verified (MCL [3]). In all matters where the notary public takes a verification upon oath or affirmation... the notary public shall require that the person sign the record being verified... in the presence of the notary public (MCL [5]). It is always important that the notary positively identify a signer for a jurat, as s/he is certifying that the signer attested to the truthfulness of the document contents under penalty of perjury. However, jurat

6 notarizations do not prove a document is true, legal, valid or enforceable (website, Jurat vs. Acknowledgments ). If no other wording is prescribed in a given instance, a notary may use the following language for an affidavit or deposition: Do you solemnly swear that the contents of this affidavit (or deposition, document, etc.) subscribed (signed) by you are correct and true, so help you God? Or, do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct? When administering oaths, parties should raise their right hands. The left hand may be used in cases of disability (website, Jurat vs. Acknowledgments ). Signature Witnessings Standards: In witnessing or attesting to a signature, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person in the presence of the notary public and is the person named in the record (MCL [4]). In all matters where the notary public... witnesses or attests to a signature, the notary public shall require that the person sign the record being verified, witnessed, or attested in the presence of the notary public (MCL [5]). STANDARDS OF PRACTICE Identification Requirement: In taking an acknowledgment, executing a verification upon oath or affirmation, or in witnessing or attesting to a signature, the signer must be identified by the Notary through personal knowledge or satisfactory evidence of identity (MCL ). Satisfactory Evidence: A notary public has satisfactory evidence that a person is the person whose signature is on a record if that person is any of the following: (a) Personally known to the notary public. (b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the person. (c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the person s photograph and signature (MCL [6]). When performing a notarial act, you should: 1. Identify the individual either from personal knowledge or satisfactory evidence. If you do not personally know the individual who is requesting a notarial act, ask to see a driver license, passport or state issued personal identification card. You can also identify an individual upon the oath or affirmation of a credible witness if you personally know the witness and the witness personally knows the individual (website, Notarization of Document(s) ). Refusal of Services A notary public may refuse to perform a notarial act (MCL [8]). Notary as Witness A notary public may not be a signature witness and notarize the same document (website, Notarization of Document(s) ).

7 Signature by Mark Signature means a person s written or printed name or electronic signature, or the person s mark attached to or logically associated with a record including, but not limited to, a contract and executed or adopted by the person with the intent to sign the record (MCL [b]). A notary public may take the acknowledgment of a person who cannot sign his or her own name. Such a person should sign the instrument by marking an X in the presence of two witnesses, one of whom may be a notary public (website, Jurat vs. Acknowledgments ). Signature by Proxy A notary public may sign the name of a person whose physical characteristics limit his or her capacity to sign or make a mark on a record presented for notarization under all of the following conditions: (a) The notary public is orally, verbally, physically, or through electronic or mechanical means provided by the person and directed by that person to sign that person s name. (b) The person is in the physical presence of the notary public. (c) The notary public inscribes beneath the signature: Signature affixed pursuant to section 33 of the Michigan notary public act (MCL ). Durable Powers of Attorney: The above provision allowing a Notary to sign the name of a person who is physically unable to sign may apply in certain cases to the signing of durable powers of attorney (MCL [2]): (2) A durable power of attorney under this section shall be dated and signed voluntarily by the principal or signed by a notary public on the principal s behalf pursuant to section 33 of the Michigan notary public act, 2003 PA 238, MCL The durable power of attorney shall be 1 or both of the following. (a) Signed in the presence of 2 witnesses, neither of whom is the attorney-in-fact, and both of whom also sign the durable power of attorney. (b) Acknowledged by the principal before a notary public, who endorses on the durable power of attorney a certificate of that acknowledgment and the true date of taking the acknowledgment. However, many types of durable power of attorney are disallowed from the provisions of this law, including durable powers of attorney for health care (MCL [7]). Foreign-Language Documents Notaries are not prohibited legally from notarizing a document written in a foreign language. However, there are numerous potential problems, including the fact that the term notary public, when translated into other languages, can refer to a markedly different office, with far greater authority than in the United States. A notary public should not proceed to notarize any document with which they are not comfortable doing so. The notary may recommend using a notary public familiar with the language in which the document is written (website, Foreign Language Documents ). Unsworn Foreign Declarations Michigan has enacted the Uniform Unsworn Foreign Declarations Act, permitting a person living or traveling outside the United States who must sign a sworn statement to make the statement on penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation (MCL to ). This law does not apply to: (a) a deposition; (b) an oath of office; (c) an oath required to be given before a specified official other than a Notary; (d) a declaration to be recorded with a register of deeds; (e) an oath required by MCL (to make a last will and testament self-

8 proving); and (f) a declaration in a document filed with the court in the course of administering the estate of a decedent (MCL [2]). Certifying True Copy A notary public shall not certify or notarize that a record is either of the following: (a) An original. (b) A true copy of another record (MCL [1]). Disqualifying Interests Personal: A notary public shall not do any of the following: (a) Perform a notarial act upon any record executed by himself or herself. (b) Notarize his or her own signature. (c) Take his or her own deposition or affidavit (MCL [2]). A notary public shall not perform any notarial act in connection with a transaction if the notary public has a conflict of interest. As used in this subsection, conflict of interest means either or both of the following: (a) The notary public has a direct financial or beneficial interest, other than the notary public fee, in the transaction. (b) The notary public is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee or as a party in some other capacity to the transaction (MCL [7]). Exceptions: For purposes of subsection (7), a notary public has no direct financial or beneficial interest in a transaction where the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction (MCL [10]). A Notary who is a stockholder, director, officer or employee of a bank or other corporation may notarize documents executed by that corporation, or administer oaths to any of its agents, unless the Notary is named as a party to the document, either individually or as a representative of the corporation (MCL [9]). Relatives: A notary public shall not perform a notarial act for a spouse, lineal ancestor, lineal descendent, or sibling including in-laws, steps, or half-relatives (MCL [8]). A lineal ancestor is an individual in the direct line of ascent, including but not limited to a parent or grandparent; a lineal descendant is an individual in the direct line of descent, including but not limited to a child or grandchild (MCL ). Advertisements False Claims: A notary public shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters (MCL [3]). Implying Notary Is Attorney: A notary public shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material describing the role of the notary public, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney (MCL [4]).

9 Use of Notario Publico : A notary public may not use the term notario publico or any equivalent non-english term in any business card, advertisement, notice, or sign (MCL [6]). Required Notice: A notary public who is not a licensed attorney and who advertises notarial services in a language other than English shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following, prominently displayed in the same language: (a) The statement: I am not an attorney and have no authority to give advice on immigration or other legal matters. (b) The fees for notarial acts as specified by statute (MCL [5]). Deciding Type of Act A notary should not decide which type of notarial act a document requires. The customer must know and tell the notary. However, if the jurat indicates that the document was sworn to before me, then an oath must be administered (website, Jurat vs. Acknowledgments ). CERTIFICATE OF NOTARIAL ACT Certificate Forms Repealed Effective May, 26, 2006, the Michigan Legislature repealed the use of Notary forms (Former MCL , Act 155). Recent correspondence with the Michigan Secretary of State s office suggests that the Michigan Notary Public Act requires a Notary only to include the following requirements prescribed in MCL for each notarial act they execute: On each record that a notary public performs a notarial act and immediately near the notary public s signature, as is practical, the notary public shall print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary and in a manner capable of photographic reproduction all of the following in this format or in a similar format that conveys all of the same information: (a) The name of the notary public exactly as it appears on his or her application for commission as a notary public. (b) The statement: Notary public, State of Michigan, County of.. (c) The statement: My commission expires.. (d) If performing a notarial act in a county other than the county of commission, the statement: Acting in the County of.. (e) The date the notarial act was performed. (f) If applicable, whether the notarial act was performed electronically or performed using a remote electronic notarization platform under section 26b [MCL b] (MCL [2]). When performing a notarial act, you should (c)omplete the notarial certificate. This must include all of the following: the date of notarization; your name; the county of appointment; the expiration date of your commission; and if performing a notarial act in a county other than your county of commission, the statement Acting in the County of. Always sign your name exactly as it appears on your application for commission as a notary public, including middle name or initial(s) if used. The county of notarization (or venue ) is essential as it determines the legal jurisdiction in the event the notarization is challenged in a court of law. This is not the notary s county of residence or commission, although it may be the same (website, Notarization of Document(s) ).

10 Format of Acknowledgment Certificate The person taking an acknowledgment shall certify that the person acknowledging appeared before him and acknowledged he executed the instrument; and the person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument (MCL ). The form of a certificate of acknowledgment... shall be accepted in this state if 1 of the following is true: a. The certificate is in a form prescribed by the laws or regulations of this state; b. The certificate is in a form prescribed by the laws applicable in the place in which the acknowledgment is taken; c. The certificate contains the words acknowledged before me, or their substantial equivalent (MCL ). Uniform Recognition of Acknowledgments Act Michigan has adopted the Uniform Recognition of Acknowledgments Act, including the five shortform certificates (MCL ) for: 1. Acknowledgment by individual; 2. Acknowledgment by corporation; 3. Acknowledgment by partnership; 4. Acknowledgment by attorney in fact; 5. Acknowledgment by public officer, trustee or personal representative. Acknowledgment by Individual (MCL [2]) State of Michigan County of: The foregoing instrument was acknowledged before me this (date) by (name of person who acknowledged). (Signature of person taking acknowledgment) Title or Rank Serial Number, if any (NOTARY S COMMISSION EXPIRATION DATE [if not included in seal]) Acknowledgment by Corporation (MCL [3]) State of Michigan County of: The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. (Signature of person taking acknowledgment) Title or Rank

11 Serial Number, if any (NOTARY S COMMISSION EXPIRATION DATE [if not included in seal]) Acknowledgment by Partnership (MCL [4]) State of Michigan County of: The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership (or limited partnership or limited liability partnership). (Signature of person taking acknowledgment) Title or Rank Serial Number, if any (NOTARY S COMMISSION EXPIRATION DATE [if not included in seal]) Acknowledgment by Attorney in Fact (MCL [5]) State of Michigan County of: The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact on behalf of (name of principal). (Signature of person taking acknowledgment) Title or Rank Serial Number, if any (NOTARY S COMMISSION EXPIRATION DATE [if not included in seal]) Acknowledgment by Public Officer, Trustee, or Personal Representative (MCL [6]) State of Michigan County of: The foregoing instrument was acknowledged before me this (date) by (name and title of position). (Signature of person taking acknowledgment) Title or Rank Serial Number, if any

12 Secretary Shall Prescribe Forms The secretary (of state) shall prescribe the form that a notary public shall use for a jurat, the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a verification upon oath or affirmation, the witnessing or attesting to a signature, or any other act that a notary public is authorized to perform in this state (MCL [9]). Acknowledgment by Individual (website) Acknowledged by before me on the day of, 20. (Notary signature) (Notary printed name) Notary Public, State of Michigan, County of My commission expires (If notarizing outside the county of commissioning: Acting in the County of ) Jurat (website) Subscribed and sworn to by before me on the day of, 20. (Notary signature) (Notary printed name) Notary Public, State of Michigan, County of My commission expires (If notarizing outside the county of commissioning: Acting in the County of ) SEAL AND SIGNATURE While Michigan Notaries are not required by law to use a seal of office, they may affix a seal to fulfill the requirement to print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary (of state) and in a manner capable of photographic reproduction certain information. This information must be affixed immediately near the notary public s signature, as is practical (MCL [2]). Michigan law does not require notaries to use an embossed seal or rubber stamp on a document. However, documents sent out of state may require an embossed notary seal (website, Notarization of Document(s) ). Seal Format Inked Stamp or Electronic Process: A notary public may use a stamp, seal, or electronic process that contains all of the information required by MCL (2). However, the stamp, seal, or electronic

13 process shall not be used in a manner that renders anything illegible on the record being notarized (MCL [3]). Unreproducible Method Disallowed: An embosser alone or any other method that cannot be reproduced shall not be used (MCL [3]). Size and Shape: Not specified. Components: The following information may be affixed by any photocopiable Notary seal used, or this information must be printed, typed, stamped or otherwise mechanically or electronically imprinted in a photographically reproducible manner (MCL [2]): 1. Name of Notary exactly as on the application for commission; 2. Notary Public, State of Michigan, County of (name of county). ; 3. My commission expires (date). ; 4. If notarizing in a Michigan county other than the county of commissioning, Acting in the County of (county where notarial act was performed). ; 5. Date notarial act was performed. Illegibility: The illegibility of the statements required in subsection (2) does not affect the validity of the transaction or record that was notarized (MCL [4]).

14 Example The below is a typical, actual-size example of a Notary seal used in Michigan. Formats other than this may also be seen. Notary Signature A notary public shall place his or her signature on every record upon which he or she performs a notarial act. The notary public shall sign his or her name exactly as his or her name appears on his or her application for commission as a notary public (MCL [1]). Signature means a person s written or printed name or electronic signature as that term is defined in the uniform electronic transactions act, 2000 PA 305, MCL to , or the person s mark attached to or logically associated with a record including, but not limited to, a contract and executed or adopted by the person with the intent to sign the record (MCL [b]). RECORDS OF NOTARIAL ACTS Recommendation A notary public is not required to keep a journal, ledger, list, etc., but many notaries find these to be effective methods for keeping records. If you keep a record of your notarizations, it is recommended that you record the signer s name, identification presented, date, type of document and other information you deem pertinent to the transaction. However the law does not describe the type of record that must be kept or what must be included in a record (website, Record Keeping ).

15 Remote Electronic Notarization Requirement: If a notary public performs notarial acts using a remote electronic notarization platform, the notary public shall maintain a journal that records, at a minimum, each of those notarial acts. Format: A notary public shall maintain only 1 journal for the recording of notarial acts and must keep the journal either as a tangible, permanent bound register or in a tamper-evident, permanent electronic format. Entries: A notary public shall make an entry in a journal maintained under subsection (7) contemporaneously with performance of the notarial act, and the entry must include, at a minimum, all of the following: (a) The date, time, and nature of the notarial act. (b) A description of the record, if any. (c) The full name and address of each individual for whom the notarial act is performed. (d) If the identity of the individual for whom the notarial act is performed is based on personal knowledge, a statement to that effect. If the identity of the individual for whom the notarial act is performed is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration for the credential. (e) The fee charged, if any, by the notary public (MCL b[8]). Audio-visual Recording: An entry made in a journal maintained by a notary public under [MCL b] (7) must also reference, but shall not itself contain, any audio or visual recording of a notarial act performed using a remote electronic notarization platform. Subject to subsection [MCL b] (1), a notary public must retain an audio or visual recording of a notarial act for at least 10 years after the performance of the notarial act. Use of Custodian: A notary public may designate a custodian to do any of the following: (a) Maintain the journal required under subsection (7) on his or her behalf. (b) Retain an audio or visual recording of a notarial act under subsection [MCL b] (9) on his or her behalf. If an audio or visual recording of a notarial act is transferred to a custodian to hold on behalf of the notary public, the journal entry must identify the custodian with sufficient information to locate and contact that custodian (MCL b[10]). Retention of Records A person, or the personal representative of a person who is deceased, who both performed a notarial act and created a record of the act performed while commissioned as a notary public under this act shall maintain all the records of that notarial act for at least 5 years after the date of the notarial act (MCL ). Because certain crimes of real estate and mortgage fraud may be prosecuted up to 10 years after the offense was committed or the pertinent document was recorded (MCL [5]), prudent Notaries may wish to keep and safeguard their records at least 10 years. Remote Acts: A notary public shall retain the journal for at least 10 years after the performance of the last notarial act recorded in it. If a notary public is not reappointed, or his or her commission is revoked, the former notary public shall inform the secretary of state where the journal is kept or, if directed by the secretary, shall forward the journal to the secretary or a repository designated by the secretary (MCL b[7]).

16 Inspection of Records Upon written or electronic request by the Secretary of State, a Notary must comply within 15 days by providing a copy or permitting inspection of the specified records of the Notary, but only if such records are kept by that Notary (MCL ). For failure to comply, the Secretary may indefinitely suspend the Notary s commission. FEES FOR NOTARIAL ACTS Maximum Fee The fee charged by a notary public for performing a notarial act shall not be more than $10.00 for any individual transaction or notarial act (MCL [7]). Posting or Advising on Fees A notary public shall either conspicuously display a sign or expressly advise a person concerning the fee amount to be charged for a notarial act before the notary public performs the act (MCL [7]). Travel Fee Before the notary public commences to travel in order to perform a notarial act, the notary public and client may agree concerning a separate travel fee to be charged by the notary public for traveling to perform the notarial act (MCL [7]). Duplicate Certificates It was the intent of the legislature, we believe, that the notary should be paid for every certificate of acknowledgment which he executes and since instruments acknowledged in duplicate call for duplicate certificates, it is our opinion that a notary may charge the statutory fee for each certificate of acknowledgment executed by him (Michigan Attorney General Opinion No of September 14, 1954). REAL ESTATE PRACTICES Notary Signing Agents Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Michigan. However, the Office of the Great Seal does offer the following cautionary note: Notary signing agents are employed by private companies, and are not certified or qualified by the State of Michigan beyond the normal notary application process. A notary signing agent has no special powers, and must adhere to Michigan notary law in all transactions. It is illegal for a notary or a notary signing agent to give legal advice, explain legal documents or aid customer(s) in completing legal or immigration forms. Otherwise, unauthorized practice of law charges may result (website, Notary Signing Agents ). Recording Requirements A register of deeds shall not receive for recording an instrument executed after October 29, 1937 unless the instrument complies with each of the following requirements:

17 (a) The name of each person purporting to execute the instrument is legibly printed, typewritten, or stamped beneath the original signature or mark of the person, and the signature or mark is in black or dark blue ink. (b) A discrepancy does not exist between the name of each person as printed, typewritten, or stamped beneath his or her signature and the name as recited in the acknowledgment or jurat on the instrument. (c) The name of any notary public whose signature appears on the instrument is legibly printed, typewritten, or stamped on the instrument and appears on the same page near the signature of the notary public. (d) The address of each of the grantees in each deed of conveyance or assignment of real estate, including the street number address if located within territory where street number addresses are in common use, or, if not, the post office address, is legibly printed, typewritten, or stamped on the instrument (MCL [1][a]-[d]). A register of deeds shall not receive for recording an instrument executed after October 29, 1937 unless the instrument complies with each of the following requirements: (f) If the instrument is executed after April 1, 1997, each sheet of the instrument complies with all of the following requirements: (i) Has a margin of unprinted space that is at least 2-1/2 inches at the top of the first page and at least 1/2 inch on all remaining sides of each page. (ii) Subject to [MCL ] (3), displays on the first line of print on the first page of the instrument a single statement identifying the recordable event that the instrument evidences. (iii) Is electronically, mechanically, or hand printed in 10-point type or the equivalent of 10-point type. (iv) Is legibly printed in black ink on white paper that is not less than 20-pound weight. (v) Is not less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long. (vi) Contains no attachment that is less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long (MCL [1][f]). ELECTRONIC NOTARIZATIONS Uniform Electronic Transactions Act Michigan has adopted the Uniform Electronic Transactions Act (2000 PA 305) (MCL , et seq.), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record (MCL ). Uniform Real Property Electronic Recording Act In 2010, Michigan enacted the Uniform Real Property Electronic Recording Act (Public Act 123, Enrolled Senate Bill 791), including the following provision: A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically

18 associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. Online Electronic Notarization Definitions: Credential analysis means a process or service by which a third party affirms the validity of an identity document described in section 25(6)(c) through a review of public and proprietary data sources conducted remotely. (b) Identity proofing means a process or service by which a third party provides a notary public with a reasonable means to verify the identity of an individual through a review of personal information from public or proprietary data sources conducted remotely. (c) Remote electronic notarization platform means any combination of technology that enables a notary to perform a notarial act remotely; that allows the notary public to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing (MCL b[a]-[c]). Platform Approval and Certification: Beginning March 30, 2019, the secretary and the department of technology, management, and budget shall review and may approve remote electronic notarization platforms for the performance of notarial acts in this state. A notary public shall not use a remote electronic notarization platform that is not approved under this section (MCL b[1]). Subject to [MCL b] (3), in developing criteria for the approval of any remote electronic notarization platform for use in this state, the secretary of state and the department of technology, management, and budget shall consider, at a minimum, all of 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 remote electronic notarizations, records, or signatures. (c) The need to prevent fraud or mistake in the performance of remote electronic notarizations. (d) The ability to adequately investigate and authenticate a notarial act performed remotely with that remote electronic notarization platform. (e) The most recent standards regarding remote electronic notarization 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 remote electronic notarial acts (MCL b[2]). If a remote electronic notarization platform for the performance of remote electronic notarizations is approved or certified by a government-sponsored enterprise, as that term is defined in 2 USC 622(8), the secretary of state and the department of technology, management, and budget shall approve the platform for use in this state if verifiable proof of that approval or certification is provided to the secretary and department, unless use of the remote electronic notarization platform is affirmatively disallowed by the secretary (MCL b[3]). The secretary and the department of technology, management, and budget shall review their standards for approving remote electronic notarization platforms for use in this state, and whether the number of approved remote electronic notarization platforms are sufficient, at least every 4 years (MCL b[4]). Satisfies Personal Appearance: A notarial act performed using a remote electronic notarization platform under this section that otherwise satisfies the requirements of this act is presumed to satisfy any

19 requirement under this act that a notarial act be performed in the presence of a notary public (MCL b[11]). Identification of Remote Signers: A notary public may perform a notarial act using a remote electronic notarization platform if either of the following is met: (a) The notary public makes all applicable determinations under section 25 [MCL ] according to personal knowledge or satisfactory evidence, performance of the notarial act complies with section 27 [MCL ], and the notary public does not violate section 31 [MCL ] in the performance of the notarial act. (b) The notary public, through use of the remote electronic notarization platform, personal knowledge, or satisfactory evidence, is able to identify the record before the notary public as the same record presented by the individual for notarization (MCL b[5]). A notary public has satisfactory evidence that an individual is the individual whose signature is on a record if that individual is any of the following: (a) Personally known to the notary public. (b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the individual. (c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the individual s photograph and signature. (d) With regard to a notarial act performed under section 26b [MCL b], identified and verified through an identity proofing process or service that is part of a remote electronic notarization platform approved under section 26b(1) [MCL b(1)], and the person presents an identity document described in subdivision (c) that is verified through a credential analysis process or service that is part of a remote electronic notarization platform approved under section 26b(1) (MCL [6]). Indication of Remote Act: On each record that a notary public performs a notarial act and immediately near the notary public s signature, as is practical, the notary public shall print, type, stamp, or otherwise imprint mechanically or electronically sufficiently clear and legible to be read by the secretary and in a manner capable of photographic reproduction (f) if applicable, whether the notarial act was performed electronically or performed using a remote electronic notarization platform under section 26b [MCL b] (MCL [2][f]). Disclosure of Recording: The notary public shall not record by audio or visual means a notarial act performed using a remote electronic notarization platform, unless the notary public discloses to the person that requested the notarial act that an audio or visual recording is being made and how the recording will be preserved, and the person consents or has previously consented to the recording. A notary public may refuse to conduct a notarial act using a remote electronic notarization platform if the person that requested the notarial act objects to an audio or visual recording of the notarial act (MCL b[6]). Journal of Remote Acts: For the requirement to keep an electronic journal of all remote electronic notarizations, see Records of Notarial Acts above. RECOGNITION OF NOTARIAL ACTS Notarial Acts in Michigan Deeds executed within this state of lands, or any interest in lands, shall be acknowledged before any judge, clerk of a court of record, or notary public within this state (MCL 565.8).

20 Notarial Acts Outside of Michigan Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws of this state: (i) A notary public authorized to perform notarial acts in the place in which the act is performed. (ii) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial acts are performed. (iii) An officer of the foreign service of the United States, a consular agent or any other person authorized by regulation of the United States department of state to perform notarial acts in the place in which the act is performed. (iv) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial acts are performed for 1 of the following or his or her dependents: (A) A merchant seaman of the United States. (B) A member of the armed forces of the United States. (C) Any other person serving with or accompanying the armed forces of the United States. (v) Any other person authorized to perform notarial acts in the place in which the act is performed. (MCL [a]). Proof of Authority of Officer: (1) If the notarial act is performed by any of the persons described in subdivisions (a) to (d) of [MCL ], other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required. (2) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if any of the following exist: (a) Either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act. (b) The official seal of the person performing the notarial act is affixed to the document. (c) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information. (3) If the notarial act is performed by a person other than 1 described in subsections (1) and (2), there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person and to his authority to perform the notarial act. (4) The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine (MCL ). Recognition of Certificate of Acknowledgment The form of a certificate of acknowledgment used by a person whose authority is recognized under [MCL ] shall be accepted in the state if 1 of the following is true: (1) the certificate is in a form prescribed by the laws or regulations of this state. (2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken.