{"id":"AGY-ST-DMV-SOS-RECORDERS-041","kind":"order","level":"state","jurisdiction":"Michigan (Governor)","state":"MI","metro":"","industry":"","agency":"ST-DMV-SOS-RECORDERS","eco":"","issuer":"Governor Gretchen Whitmer","authority":"Mich. Const. 1963, art. 5, sec. 1; Emergency Management Act, 1976 PA 390, MCL 30.403(1)-(2) (\u0027executive orders, proclamations, and directives having the force and effect of law\u0027); Emergency Powers of the Governor Act of 1945, MCL 10.31(1) (both recited)","instrument":"Executive Order No. 2020-41","title":"Encouraging the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic","dateIssued":"2020-04-08","effective":"2020-04-08","end":"Superseded by successor orders (EO 2020-74, 2020-131, 2020-173) until the executive-order regime ended October 2, 2020 (In re Certified Questions, Mich.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)","startDate":"2020-04-08","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["CRT","OTHER"],"addressees":["notaries public","witnesses","State departments and governmental agencies","persons and entities engaged in transactions","registers of deeds (URPERA)"],"clause":"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\u0027s 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 (\u0027notary\u0027) 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\u0027s 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\u0027s services must affirmatively represent either that the individual is physically situated in this state, or...","enforcement":"MCL 30.405(3) (violation of an emergency-management executive order a misdemeanor) as recited in the EO series; suspension operates by force of the order","functions":["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)"],"notes":"Issued while Michigan\u0027s registers of deeds were closed to the public (they resumed May 7, 2020 under EO 2020-70 sec. 11(h), MI-024) and Secretary of State branches were closed (MI-012).","sourceUrl":"https://www.legislature.mi.gov/documents/2019-2020/executiveorder/pdf/2020-EO-41.pdf","snapshot":"","fileExists":true,"fileBytes":366760,"grade":"primary","character":"","description":"","collection":"AGY-ST-DMV-SOS-RECORDERS","url":"/library/AGY-ST-DMV-SOS-RECORDERS-041","exhibitUrl":"/exhibit/AGY-ST-DMV-SOS-RECORDERS-041","citation":"Governor Gretchen Whitmer, Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041)","stateName":"Michigan","related":["MI-024","MI-012","AGY-ST-DMV-SOS-RECORDERS-088"]}