| 1 | 1 | | HOUSE BILL NO. 5900 A bill to amend 2003 PA 238, entitled "Michigan law on notarial acts," by amending sections 25 and 27 (MCL 55.285 and 55.287), section 25 as amended by 2018 PA 330 and section 27 as amended by 2018 PA 360. the people of the state of michigan enact: Sec. 25. (1) A notary public may perform notarial acts that include, but are not limited to, the following: (a) Taking acknowledgments. (b) Administering oaths and affirmations. (c) Witnessing or attesting to a signature. (2) In taking an acknowledgment, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the acknowledgment is the individual whose signature is on the record. (3) In taking a verification upon oath or affirmation, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the verification is the individual whose signature is on the record being verified. (4) 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 individual in the presence of the notary public and is the individual named in the record. (5) In all matters where the notary public takes a verification upon oath or affirmation, or witnesses or attests to a signature, the notary public shall require that the individual sign the record being verified, witnessed, or attested in the presence of the notary public. (6) 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, identified and verified through an identity proofing process or service that is part of a remote electronic notarization platform approved under section 26b(1), and the person individual 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). (7) The fee charged by a Except as otherwise provided in subsection (8), a notary public shall not charge a fee that is more than $15.00 for performing a any individual transaction or notarial act. shall not be more than $10.00 for any individual transaction or notarial act. Except as otherwise provided in this subsection, a notary public shall not charge any additional fee, cost, or expense related to any individual transaction or notarial act. A notary public shall either conspicuously display a sign or expressly advise an individual concerning the fee amount to be charged for a notarial act before the notary public performs the act. 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. (8) A notary public who performs a notarial act under section 26b shall not charge a fee of more than $45.00 for the initial notarial act performed during a transaction and shall not charge a fee of more than $15.00 for any subsequent notarial acts performed during the same transaction. Any fees incurred by the notary public that are related to the use of a remote electronic notarization platform must not be charged to the individual for whom the notarial act was performed. (9) (8) A notary public may refuse to perform a notarial act. (10) (9) The secretary 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 an 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. (11) A notary public shall keep, maintain, and protect, under the notary public's exclusive control, a chronological paper or electronic official journal of every notarial act that the notary public performs. The journal must contain the following entries for each notarial act: (a) The date and time of the notarial act. (b) The type of notarial act. (c) The type, title, or description and date of every record notarized. (d) The name, address, and signature of each individual whose signature is notarized. (e) A description of the satisfactory evidence relied on to identify each individual whose signature is notarized, including 1 or more of the following: (i) A statement that the individual is personally known to the notary public, if applicable. (ii) A notation of the type of identification document, its issuing agency, and its date of issuance or expiration. (iii) The name, address, and signature of any credible witness. (f) The fee, if any, charged for the notarial act. (12) (10) A county clerk may collect a processing fee of $10.00 for certifying a notarial act of a notary public. Sec. 27. (1) A notary public shall place his or her the notary public's signature on every record upon on which he or she the notary public performs a notarial act. The notary public shall sign his or her the notary public's name exactly as his or her the notary public's name appears on his or her the notary public's application for commission as a notary public. (2) 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 the notary public's 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 using an electronic notarization system under section 26a or performed using a remote electronic notarization platform under section 26b. (3) A notary public may use a stamp , seal, or electronic process that contains all of the information required under subsection (2). However, the notary public shall not use the stamp , seal, or electronic process in a manner that renders anything illegible on the record being notarized. A notary public shall not use an embosser alone or use any other method that cannot be reproduced. (4) The illegibility of the statements required under subsection (2) does not affect the validity of the transaction or record that was notarized. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 25 | 25 | | HOUSE BILL NO. 5900 |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 2003 PA 238, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Michigan law on notarial acts," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending sections 25 and 27 (MCL 55.285 and 55.287), section 25 as amended by 2018 PA 330 and section 27 as amended by 2018 PA 360. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 25. (1) A notary public may perform notarial acts that include, but are not limited to, the following: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) Taking acknowledgments. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) Administering oaths and affirmations. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) Witnessing or attesting to a signature. |
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| 44 | 44 | | |
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| 45 | 45 | | (2) In taking an acknowledgment, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the acknowledgment is the individual whose signature is on the record. |
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| 46 | 46 | | |
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| 47 | 47 | | (3) In taking a verification upon oath or affirmation, the notary public shall determine, either from personal knowledge or from satisfactory evidence, that the individual in the presence of the notary public and making the verification is the individual whose signature is on the record being verified. |
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| 48 | 48 | | |
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| 49 | 49 | | (4) 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 individual in the presence of the notary public and is the individual named in the record. |
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| 50 | 50 | | |
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| 51 | 51 | | (5) In all matters where the notary public takes a verification upon oath or affirmation, or witnesses or attests to a signature, the notary public shall require that the individual sign the record being verified, witnessed, or attested in the presence of the notary public. |
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| 52 | 52 | | |
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| 53 | 53 | | (6) 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: |
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| 54 | 54 | | |
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| 55 | 55 | | (a) Personally known to the notary public. |
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| 56 | 56 | | |
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| 57 | 57 | | (b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the individual. |
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| 58 | 58 | | |
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| 59 | 59 | | (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. |
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| 60 | 60 | | |
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| 61 | 61 | | (d) With regard to a notarial act performed under section 26b, identified and verified through an identity proofing process or service that is part of a remote electronic notarization platform approved under section 26b(1), and the person individual 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). |
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| 62 | 62 | | |
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| 63 | 63 | | (7) The fee charged by a Except as otherwise provided in subsection (8), a notary public shall not charge a fee that is more than $15.00 for performing a any individual transaction or notarial act. shall not be more than $10.00 for any individual transaction or notarial act. Except as otherwise provided in this subsection, a notary public shall not charge any additional fee, cost, or expense related to any individual transaction or notarial act. A notary public shall either conspicuously display a sign or expressly advise an individual concerning the fee amount to be charged for a notarial act before the notary public performs the act. 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. |
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| 64 | 64 | | |
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| 65 | 65 | | (8) A notary public who performs a notarial act under section 26b shall not charge a fee of more than $45.00 for the initial notarial act performed during a transaction and shall not charge a fee of more than $15.00 for any subsequent notarial acts performed during the same transaction. Any fees incurred by the notary public that are related to the use of a remote electronic notarization platform must not be charged to the individual for whom the notarial act was performed. |
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| 66 | 66 | | |
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| 67 | 67 | | (9) (8) A notary public may refuse to perform a notarial act. |
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| 68 | 68 | | |
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| 69 | 69 | | (10) (9) The secretary 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 an 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. |
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| 70 | 70 | | |
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| 71 | 71 | | (11) A notary public shall keep, maintain, and protect, under the notary public's exclusive control, a chronological paper or electronic official journal of every notarial act that the notary public performs. The journal must contain the following entries for each notarial act: |
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| 72 | 72 | | |
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| 73 | 73 | | (a) The date and time of the notarial act. |
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| 75 | 75 | | (b) The type of notarial act. |
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| 77 | 77 | | (c) The type, title, or description and date of every record notarized. |
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| 78 | 78 | | |
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| 79 | 79 | | (d) The name, address, and signature of each individual whose signature is notarized. |
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| 80 | 80 | | |
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| 81 | 81 | | (e) A description of the satisfactory evidence relied on to identify each individual whose signature is notarized, including 1 or more of the following: |
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| 82 | 82 | | |
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| 83 | 83 | | (i) A statement that the individual is personally known to the notary public, if applicable. |
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| 84 | 84 | | |
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| 85 | 85 | | (ii) A notation of the type of identification document, its issuing agency, and its date of issuance or expiration. |
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| 86 | 86 | | |
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| 87 | 87 | | (iii) The name, address, and signature of any credible witness. |
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| 88 | 88 | | |
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| 89 | 89 | | (f) The fee, if any, charged for the notarial act. |
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| 90 | 90 | | |
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| 91 | 91 | | (12) (10) A county clerk may collect a processing fee of $10.00 for certifying a notarial act of a notary public. |
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| 92 | 92 | | |
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| 93 | 93 | | Sec. 27. (1) A notary public shall place his or her the notary public's signature on every record upon on which he or she the notary public performs a notarial act. The notary public shall sign his or her the notary public's name exactly as his or her the notary public's name appears on his or her the notary public's application for commission as a notary public. |
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| 94 | 94 | | |
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| 95 | 95 | | (2) 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: |
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| 96 | 96 | | |
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| 97 | 97 | | (a) The name of the notary public exactly as it appears on his or her the notary public's application for commission as a notary public. |
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| 98 | 98 | | |
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| 99 | 99 | | (b) The statement: "Notary public, State of Michigan, County of __________.". |
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| 100 | 100 | | |
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| 101 | 101 | | (c) The statement: "My commission expires __________.". |
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| 102 | 102 | | |
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| 103 | 103 | | (d) If performing a notarial act in a county other than the county of commission, the statement: "Acting in the County of __________.". |
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| 104 | 104 | | |
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| 105 | 105 | | (e) The date the notarial act was performed. |
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| 106 | 106 | | |
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| 107 | 107 | | (f) If applicable, whether the notarial act was performed using an electronic notarization system under section 26a or performed using a remote electronic notarization platform under section 26b. |
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| 108 | 108 | | |
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| 109 | 109 | | (3) A notary public may use a stamp , seal, or electronic process that contains all of the information required under subsection (2). However, the notary public shall not use the stamp , seal, or electronic process in a manner that renders anything illegible on the record being notarized. A notary public shall not use an embosser alone or use any other method that cannot be reproduced. |
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| 110 | 110 | | |
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| 111 | 111 | | (4) The illegibility of the statements required under subsection (2) does not affect the validity of the transaction or record that was notarized. |
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| 112 | 112 | | |
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| 113 | 113 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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