On December 29, 2020, Public Act 336 was signed which amended the Michigan Law on Notarial Acts to temporarily suspend the in-person requirement for notarizations and provides changes for how notarizations may occur. Notaries may conduct notarizations using two-way real-time audiovisual technology so long as certain conditions are met. There are several requirements that need to be in place for the notarization to be valid.

To properly notarize a document using two-way real-time audiovisual technology, all of the following conditions must be met:

• The audiovisual technology must allow direct interaction between the signer and the notary by sight and sound.

• The notary must use a video conference platform (e.g. skype, zoom, etc.) to create an audio and visual recording of the notarization, which must be maintained for 10 years.

• Satisfactory evidence of identity must be presented during the video conference. The evidence used to verify identity is the same as it is currently, but it must be shown during the live video.

• The individual seeking notarial services must state whether he or she is physically located in this state. If the person is located in another state, the document must relate to a matter going before a court, governmental entity, public official or an entity in this state, or the document must involve property located in this state.

• Signatures must be affixed in a manner that renders any future changes or modifications to be evident.

• The notary must place the phrase: “Notarized using electronic/remote technology” under the notary block.

• The individual seeking the notarial service must immediately transmit (fax, mail, email) a legible copy of the entire signed document on the same date that it was signed. This applies regardless of how the document itself is signed.

• Upon receipt of the document, the notary must notarize the document and send it back to the individual. The date and time of the notarization is the date and time the notary witnessed the person sign during the video conference.

Please note this method of notarization is only effective through July 1, 2021.

During the executive order, Notable Notary Service will mail your documents and provide tracking information at no cost to you.

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