In furtherance of Stewart Bulletin MI2020011, please be advised that on December 29, 2020. The Governor of Michigan signed into law Public Acts 335, 336, 337, and 338 of 2020, which Acts extend the sunset date for the use of remote ink notarization (RIN) also known as audiovisual notarization (AVN) for the acknowledgment of documents until June 30, 2021.
In summary, Public Act 336 provides two matters of note: Section 9 (4) provides that a notary public’s commission under subsection (2) that expired after March 1, 2020, and before June 30, 2021, is valid through June 30, 2021. Secondly, it creates Section 26c which authorizes a notary public to use “2-way, real-time, audiovisual technology to perform notarial acts electronically” if the provisions of the section are met. Please review Section 26c in its entirety but please note that those requirements include the directive that the audio visual technology must be capable of creating an audio visual recording of the complete notarial act and the recording must be made and retained for 10 years pursuant to Sections 26b (7) – (9).
Public Act 337 adds section 5a (MCL. 565.845a) which contemplates that if a Register of Deeds doesn’t have the equipment to accept an electronic instrument, it shall accept for recording a tangible copy of an electric document properly notarized under Michigan laws on notarial acts. This is referred to as the “paper-out” solution which allows the recording of a copy of a document notarized on an AVN/RIN or RON platform in such counties.
Finally, Public Act 338 authorizes the use of 2-way, audio-visual technology for the execution of various documents under the Estates and Protected Individuals Code (EPIC or “the Probate Code) and Public Act 335 of 2020 amends the Uniform Electronic Transactions Act (UETA) suspending strict compliance with section 18 allowing state departments to send and accept electronic records and signature consistent with provisions of the Governor’s Executive Orders.
Please note that all these Acts have a sunset date of June 30, 2021.
As a result of the above, the provisions of Stewart Bulletin MI2020001 authorizing the use of AVN/RIN closings up to $1,000,000.00 are still in effect and that RON closings, performed in conformity with the statutes, are still authorized up to $5,000,000.00. You must still confirm with the County Register of Deeds office, prior to closing, that they will accept the documents and notarization for recording. Please review Stewart Bulletins MI2019004 and MI2019006 linked below, in conjunction with same.
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