Executive Order No. 2020-41

The record

Jurisdiction

Michigan (Governor) · Michigan

Level

State

Authority

Mich. Const. 1963, art. 5, sec. 1; Emergency Management Act, 1976 PA 390, MCL 30.403(1)-(2) ('executive orders, proclamations, and directives having the force and effect of law'); Emergency Powers of the Governor Act of 1945, MCL 10.31(1) (both recited)

Issued

2020-04-08 Apr. 8, 2020

Effective

2020-04-08

End

Superseded by successor orders (EO 2020-74, 2020-131, 2020-173) until the executive-order regime ended October 2, 2020 (In re Certified Questions, Mich. Sup. Ct.); remote notarization then carried by statute (2020 PA 246, MCL 55.286b) to June 30, 2021 (successor instruments described by category; texts not read) (read as 2021-06-30)

In force

Apr. 8, 2020 to June 30, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Courts and public officesOther

Addressees

• notaries public
• witnesses
• State departments and governmental agencies
• persons and entities engaged in transactions
• registers of deeds (URPERA)

Functions reached

• CL closings, deeds and mortgages (URPERA and notarial-presence rules suspended)
• OF law and title offices
• FI
• CB
• OP corporate and agency filings by electronic signature (paras. 1-2, 4)

Collection

State motor-vehicle offices, secretaries of state and recorders AGY-ST-DMV-SOS-RECORDERS

Operative words

3. Strict compliance [with] the Michigan Law on Notarial Acts, 2003 PA 238, as amended, MCL 55.261 et seq., is temporarily suspended, to the extent it requires a notary to be in the physical presence of an individual seeking the notary's services or of any required witnesses.... 5. In addition to other means available by law, any notarial act that is required under Michigan law may be performed by a notary who currently holds a valid notarial commission in this state ('notary') utilizing two-way real-time audiovisual technology, provided that all of the following conditions are met: (a) The two-way real-time audiovisual technology must allow direct interaction between the individual seeking the notary's services, any witnesses, and the notary... (b)... must be capable of creating an audio and visual recording of the complete notarial act... (d) The individual seeking the notary's services must affirmatively represent either that the individual is physically situated in this state, or...

Enforcement

Notes