Notary Best Practices and New Law Updates for Michigan Notaries 2 - PDF document

6/8/2020 1 Notary Best Practices and New Law Updates for Michigan Notaries 2 Today’s Topics: The Role of a Notary / Three Notary Statuses Steps to a Proper Notarization Authorized Notarial Acts/Prohibited Actions More on Remote Online Notarization 3 Person of integrity Public servant The Role of a Notary 1.Impartial witness 1.Providing a variety of certifications on the signing of important documents 1

6/8/2020 4 Traditional Notarization: Signer physically appears before the notary for a pen and paper notarization Three Michigan In-Person Electronic Notarization (IPEN): Signer physically appears before the notary for a notarization on an electronic Notary document using electronic signatures and an electronic seal Statuses Remote Online Notarization (RON): Signer appears through live audio-video communication for the notarization for electronic documents, using electronic signatures and an electronic seal. 5 Require Personal Appearance Steps to a Proper Check the Notarization Document Verify the Facts Record the Notarial Act Complete the Certificate 6 Step 1: Require Face to Face Personal • In person for traditional Appearance and IPEN • Via audio/video communication technology for RON No phone calls or recognizing familiar signatures 2

6/8/2020 7 Not required to read the Step 2: Check the document Document Checking for: • Completeness • Original Signatures • Certificate Wording The Notary must never give advice about the document content, blank spaces, or notary certificate wording. 8 Identify the Signer • Personal Knowledge Step 3: Verify the • Valid government issued ID card with a photograph Facts • A credible witness known to the notary and signer • Additional ID verification for RON Screen the Signer for Willingness and Awareness • Direct communication with the signer • Layperson’s judgment 9 Acknowledgments • Signer is identified Step 3: Verify the • Signer acknowledges signing the document Facts Jurats • Signer is identified • Signer swears to the content of the document (oath or affirmation) • Signer signs the document in the presence of the notary Signature Witnessing • Signer is identified • Signer signs document in the presence of the notary 3

6/8/2020 10 Provides Protection: Step 4: Record • Signer and document: the Notarization Fraud and imposters • Notary: Proof of prudence and high standards of care Retain records for 5 years Records are required for RON 11 Recommended entries: Step 4: Record • Date, time, and nature of the notarial act the Notarization • Description of the document • Name and address of the signer • Identification method • Fee charged • Signature of the signer • Additional information 12 Step 5: Complete Provides evidence of the notarial act performed the Certificate Certificates vary for each act A notary seal is not required, but: • It provides required notary information • Is necessary for documents going to other states/countries 4

6/8/2020 13 All certificates must contain: • Notary Public - State of Step 5: Complete Michigan • Notary Name – exactly as the Certificate commissioned • Date of Notarization • County of Commission • Commission Expiration Date • Acting in the County of _______. • Notary Signature - exactly as commissioned. • Electronic or Remote Notarization statement if appropriate. 14 Handout: Question: Why is it important to complete steps 1-4 before step Complete 5? Answer: To make certain you Activity don’t skip an important step, such as recording the #1 notarization. 15 Acknowledgment Certificate: Sara Signer Step 5: Complete Acknowledged by _________________ before me on the _________________ day of 11th June 2020 the Certificate _________________ , _________. Nick Nota Nick Notary ry Signature_____________________________________ Printed Nick Notary name________________________________________ Notary public, State of Michigan, County Wayne of_____________ My commission August 25, 2022 expires_____________________________ Mackinac Acting in the County of_________________ (Included when performing a notarial act outside of the Notary’s county of commission) (When the notarization is being performed using an approved electronic or remote vendor system, an indication of the electronic or remote notarization must be included as well.) 5

6/8/2020 16 Jurat Certificate: Step 5: Complete Sara Signer Subscribed and sworn to by _________________ before 11th the Certificate me on the _________________ day of June 2020 _________________ , _________. Nick Nota Nick Notary ry Signature______________________________________ Nick Notary Printed name___________________________________ Notary public, State of Michigan, County of____________ Wayne August 25, 2022 My commission expires___________________________ Mackinac Acting in the County of_________________ (Included when performing a notarial act outside of the Notary’s county of commission) (When the notarization is being performed using an approved electronic or remote vendor system, an indication of the electronic or remote notarization must be included as well.) 17 Signature Witnessing Certificate: Step 5: Complete Sara Signer Signed or attested before me by _________________ on the _________________ day of 11th the Certificate June 2020 _________________ , _________. Nick Notary Nick Nota ry Signature___________________________________ Nick Notary Printed name________________________________ Notary public, State of Michigan, County of_________ Wayne August 25, 2022 My commission expires_________________________ Mackinac Acting in the County of_________________ (Included when performing a notarial act outside of the Notary’s county of commission) (When the notarization is being performed using an approved electronic or remote vendor system, an indication of the electronic or remote notarization must be included as well.) 18 Fees: $10 per notarial act 6

6/8/2020 19 Prohibited Actions Unauthorized practice of law Refusing a lawful and reasonable request Perform copy certifications Notarize for relatives Perform marriages! 20 “Can I notarize my son-in-law’s affidavit?” Knowledge Check: No. Notarizing for most family members, Yes or No? including current in-law’s, is not allowed in Michigan. 21 “My signer brought me an affidavit to notarize, and it has acknowledgement Knowledge wording attached. Can I tell the signer it should really take a jurat?” Check: No. Yes or No? Non-attorney notaries may not advise their signers. 7

6/8/2020 22 “My signer brought me a document that lacks any notary wording. Can I show the Knowledge signer 3 certificates and let the signer choose?” Check: Yes. Yes or No? The choice of notarial act should always be the signer’s. 23 “My neighbor is a new widow. She needs a certified copy of her husband’s death Knowledge certificate to claim his life insurance Check: benefits. Can I help her?” No. Yes or No? Direct your neighbor to the bureau of vital statistics for vital records. 24 “My signer’s driver’s license has expired, but we have a friend in common. Can I Knowledge notarize the signer’s document?” Check: Yes. The friend can serve as a Credible Yes or No? Identifying Witness for the signer, by taking an oath to their identity. 8

6/8/2020 25 New Law Updates for Michigan Notaries •IPEN •RON •Emergency Rules 26 In-Person Electronic Notarizations (IPEN) •Signer appears in person •Signer provides an electronic document •Notary identifies signer •Personal knowledge •ID Card •Credible witness •Document is electronically signed •Notary completes certificate, provides electronic signature and digital seal 27 Remote Online Notarizations (RON) •Signer appears via live audio-video technology •Document is uploaded by platform provider •Platform provider verifies signer’s identity through credential analysis/identity proofing •Notary identifies signer through traditional means •The document is electronically signed •Journal entry must be made •The notary completes certificate, provides electronic signature and digital seal •Transaction is recorded with audio and/or video 9

6/8/2020 28 RON: Extra Security Layers •Platform Provider is contacted and directs signer to upload the document. •Platform Provider identifies signer and provides extra layer of security. •Credential Analysis (Third Party Verification) •Identity Proofing (Knowledge Based Authentication is most common) •Notary must still identify signer. 29 RON: Extra Record Keeping •Transaction must be recorded as audio or video and stored for 10 years. •Signer must be on record, verbally agreeing to a remote notarization. •For RON, a single tangible, permanent bound or a tamper-evident, permanent electronic journal must be kept and retained for 10 years. 30 RON: Extra Record Keeping •The journal entry must include: •Date, time, and nature of the notarial act •Description of the document •Name and address of the signer •Identification method •A statement of personal knowledge or •The name of the credible witness or •The type of ID card and issuance or expiration date •Fee charged •A reference to the audio or video recording 10