Remote notarizations will continue to be permitted through August 31, 2020 under a new order Gov. Whitmer issued this week. Executive Order 2020-158 extended a previous order encouraging the use of electronic signatures and remote witnessing of signatures due to COVID-19 and suspending in-person notarization and signing requirements.

NOTARIZATION

As with the prior order, a notary is not required to be in the physical presence of an individual seeking the notary’s services. Any notarial act required under Michigan law may be performed by a notary using two-way, real-time audiovisual technology provided that certain conditions are met, including:

• The technology allows direct interaction between the signer, witnesses, and the notary;
• The technology can create a video retained by the notary;
• The signer presents valid identification during the video conference;
• The signer represents that he or she is physically located in Michigan, or that the document is related to Michigan property or a legal matter before a Michigan court;
• The signer, any witnesses, and the notary must be able to affix their signatures to the document in a manner that is tamper evident; and
• The signer must transmit a legible copy of the entire signed document to the notary on the same date that it was signed, and the notary must notarize the document upon receipt;
• The notarization is valid at the time the notary witnesses the signature via technology.

WITNESSING

Any requirement under Michigan law for in-person attestation to or acknowledgement of an instrument, document, or deed may also be done via two-way real-time audiovisual technology provided that certain conditions are satisfied. The specific conditions include the following:

• The technology allows direct, real-time interaction between the signer and the witnesses;
• The interaction between the signer and witnesses is recorded and preserved by the signer for at least three years;
• The signer represents that he or she is physically located in Michigan, or that the document is related to Michigan property or a legal matter before a Michigan court;
• The signer states what document is being executed, and each title page and signature page of the document being witnessed must be shown to the witness in a clearly legible manner;
• The pages must be numbered; and
• The signer must transmit a legible copy of the entire signed document to the witnesses within 72 hours of when it is executed. Within 72 hours of receipt, the witnesses must sign the transmitted copy of the document and return the signed copy to the signer.&nbsp

SIGNATURES

Strict compliance with the Uniform Electronic Transactions Act and the Uniform Real Property Electronic Recording Act is suspended to permit the use of an e-signature for a transaction when a signature is required by Michigan law (unless the law specifically mandates a physical signature).

More information on the latest Executive Orders issued by Gov. Whitmer and Administrative Orders of the Michigan Supreme Court and their impact on civil litigation can be found here. For other information, contact attorney Anthony Pignotti at 734-742-1800 or apignotti@fbmjlaw.com