In-Person Paper Notarizations
Am I required by law to maintain a notary journal in Michigan?
No, a notary public in the State of Michigan is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of Michigan and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of Michigan does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.
The following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Michigan?
Yes, notaries in the State of Michigan are authorized to perform remote online notarizations
Do I have to record the Remote Online Notarization session?
Yes
“An entry made in a journal maintained by a notary public under [MCL 55-286b] subsection (7) must also reference, but shall not itself contain, any audio or visual recording of a notarial act performed using a remote electronic notarization platform. Subject to subsection [MCL 55-286b] (1), a notary public must retain an audio or visual recording of a notarial act for at least 10 years after the performance of the notarial act” (MCL 55.286b[9]).
What is the retention period for RON recordings?
10 years
“An entry made in a journal maintained by a notary public under [MCL 55-286b] subsection (7) must also reference, but shall not itself contain, any audio or visual recording of a notarial act performed using a remote electronic notarization platform. Subject to subsection [MCL 55-286b] (1), a notary public must retain an audio or visual recording of a notarial act for at least 10 years after the performance of the notarial act” (MCL 55.286b[9]).
Do I have to log RON sessions in a journal?
Yes
“If a notary public performs notarial acts using a remote electronic notarization platform, the notary public shall maintain a journal that records, at a minimum, each of those notarial acts” (MCL 55.286b[7]).
Journal format
Paper/hardbound or electronic journal acceptable
"A notary public shall maintain only 1 journal for the recording of notarial acts and must keep the journal either as a tangible, permanent bound register or in a tamper-evident, permanent electronic format” (MCL 55.286b[7]).
Journal entry requirements
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(a) The date, time, and nature of the notarial act.
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(b) A description of the record, if any.
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(c) The full name and address of each individual for whom the notarial act is performed.
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(d) If the identity of the individual for whom the notarial act is performed is based on personal knowledge, a statement to that effect. If the identity of the individual for whom the notarial act is performed is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration for the credential.
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(e) The fee charged, if any, by the notary public
(MCL 55-286b[8]).
Journal retention
10 years
“A notary public shall retain the journal for at least 10 years after the performance of the last notarial act recorded in it. If a notary public is not reappointed, or his or her commission is revoked, the former notary public shall inform the secretary of state where the journal is kept or, if directed by the secretary, shall forward the journal to the secretary or a repository designated by the secretary” (MCL 55-286b[7]).
RON recordings & journal upon resignation or death
“On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (1) of [KRS 423.380]” (KRS 423.380[6]; see also 30 KAR 8:005 Section 6[10]).
“On the death or adjudication of incompetency of a current or former notary public who is registered to perform notarial acts with respect to electronic records or notarial acts involving remotely located individuals, the online notary’s personal representative or guardian or any other person knowingly in possession of a journal or audio-visual recording shall: ”(a) Comply with the retention requirements of this subsection; ”(b) Transmit the journal and recording to one (1) or more repositories under this Section; or ”(c) Transmit the journal and recording in an industry-standard readable data storage device to his or her notary technology provider” (30 KAR 8:005 Section 6[7]).
Reference Links
Helpful resources for Michigan Notaries
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House Bill 6297
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Statute pertaining to record requirements for remote online notarizations
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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