The demand for remote services has surged in recent years, and the state of Michigan has adapted its laws to accommodate remote online notarization (RON).
This article explores the legal framework, requirements, and steps to become an online notary in Michigan, providing a comprehensive guide for those interested in offering or utilizing remote notary services in the state.
Legal Framework for Remote Notarization in Michigan
On June 26th, 2018, Michigan Governor signed House Bill 5811 into law, authorizing notaries public commissioned in the state to remotely notarize electronic documents. This law went into effect on September 26, 2018. Here are the key aspects of the legal framework:
- House Bill 5811: This bill authorizes remote online notarization (RON) in Michigan, allowing notaries to notarize electronic documents remotely.
- Effective Date: The law allowing remote online notarization came into effect on September 26, 2018.
- Regulatory Body: The Michigan Department of State oversees the commissioning process and enforcement of regulations related to online notarization.
Requirements to Become a Remote Notary in Michigan
To become an online notary in Michigan, individuals must meet specific requirements and complete a series of steps. These include:
- Current Notary Commission: You must hold a valid notary public commission in the state of Michigan.
- Application: Submit an application to become an online notary through the Michigan Department of State’s website.
- Training: Complete a state-approved training course that covers the responsibilities and procedures for performing remote notarizations.
- Technology: Utilize a state-approved remote notarization platform that provides secure audio-video communication, identity verification, and record-keeping.
- Digital Certificate: Obtain a digital certificate and electronic seal from an approved provider.
Steps to Perform Remote Notarizations in Michigan
Once you meet the requirements, follow these steps to perform remote notarizations in Michigan:
- Step 1: Application and Approval: Submit your application and wait for approval from the Michigan Department of State.
- Step 2: Complete Training: Enroll in and complete a state-approved training course on remote notarization.
- Step 3: Choose a Platform: Select a state-approved remote notarization platform that meets Michigan’s legal and technical requirements.
- Step 4: Identity Verification: Use the platform’s identity verification tools to confirm the signer’s identity remotely.
- Step 5: Conduct Notarization: Perform the notarization via a live audio-video session, ensuring the signer understands the document and is signing voluntarily.
- Step 6: Record and Store: Record the notarization session and store the video and related documents securely as required by law.
Benefits of Remote Notarization in Michigan
Remote notarization offers several advantages for both notaries and clients in Michigan:
- Convenience: Notarizations can be conducted from any location with internet access, eliminating the need for in-person meetings.
- Accessibility: Provides greater access to notary services for individuals in remote or rural areas, as well as those with mobility issues.
- Efficiency: Speeds up the notarization process, reducing turnaround times for document handling and execution.
- Security: Enhances the security of notarizations through advanced digital tools and verification methods, ensuring the integrity of the process.
- Flexibility: Offers flexible scheduling options for both notaries and signers, accommodating various needs and timelines.
Challenges and Considerations
While remote notarization offers many benefits, there are also challenges and considerations to keep in mind:
- Technological Requirements: Both the notary and the signer must have access to reliable technology, including a computer with a webcam, microphone, and secure internet connection.
- Regulatory Compliance: Notaries must stay informed about Michigan’s specific regulations and compliance requirements for remote notarization.
- Security Measures: Implementing robust security measures to protect sensitive information and prevent fraud is crucial.
- Legal Acceptance: Ensure that the notarized document will be accepted by all parties involved, as some entities may have specific requirements regarding the notarization process.
Frequently Asked Questions
1. Is remote notary legal in Michigan?
Yes, remote notarization is legal in Michigan, and notaries can perform online notarizations after completing the necessary application and training requirements.
2. What are the requirements to become a remote notary in Michigan?
Requirements include holding a current notary commission, completing an application, undergoing state-approved training, using a state-approved platform, and obtaining a digital certificate and electronic seal.
3. What are the benefits of remote notarization in Michigan?
Benefits include convenience, accessibility, efficiency, security, and flexibility, making the notarization process easier and more accessible for both notaries and clients.
4. What challenges should be considered for remote notarization?
Challenges include ensuring reliable technology, staying compliant with regulations, implementing robust security measures, and ensuring legal acceptance of notarized documents.
Remote notarization is a legal and viable option in Michigan, providing a modern, efficient, and secure way to handle notarial acts. By understanding the legal framework, meeting the necessary requirements, and leveraging advanced technology, notaries and clients can benefit from the convenience and accessibility of remote notarization. Stay informed about the latest developments and best practices to ensure successful and compliant notarizations in the digital age.