Notary Knowledge by Derrick Spruill

Michigan Handbook Trivia - Test Your Knowledge Tuesday - Michigan

Derrick Spruill Season 10 Episode 456

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0:00 | 46:04

Are you ready to see how well you know the rules in the Great Lakes State? Join hosts Eddie Montes Travis and Marylyn Lee Trotter as they challenge your understanding of the official guidelines in this week's trivia session. Whether you are a seasoned professional or just getting started, testing your expertise on local regulations is the best way to ensure you are operating correctly and protecting your clients. • Official Guidelines: We review the core responsibilities outlined in the Michigan Notary Public Act to help you avoid common mistakes during document signings. • Commission Requirements: Learn the specific steps for application and renewal that every official must follow to remain in good standing with the Secretary of State. • Record Keeping: Understanding the nuances of maintaining a journal and why it is a critical tool for your protection and professionalism in Michigan. • Prohibited Acts: A look at the actions that can lead to penalties or the loss of your commission if guidelines are not strictly followed. This trivia session is designed to keep you sharp and prepared for any situation you might encounter in the field. Keeping your skills polished ensures you provide the best service possible while staying compliant with the law. Please make sure to subscribe and like the podcast for more weekly trivia and tips!

Show Notes:
• Detailed overview of the Michigan Notary Public Act through trivia.
• Breakdown of commission application and renewal steps in Michigan.
• Best practices for record-keeping and journal maintenance.
• Identification of prohibited acts to avoid legal penalties.

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Notary Operational Excellence: Mastering Certificates, Journals, Ink, and Copy Certification on Amazon

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Notary Fraud Shield: Real-World Tactics, Red Flags, and Refusal Strategies on Amazon

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Notary Law & Liability: Understanding State Regulations, Insurance, and Avoiding UPL

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Executive Producer Derrick Spruill
Writers Marylyn Lee Trotter and Eddie Montes Travis
Graphics & Illustrations by Eddie Montes Travis
Music by Thomas Bynum
This Show is Produced by Magnificent Workz
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SPEAKER_00

Are you a notary ready to move beyond the basics? Don't get caught unprepared with legal risks and climb pitfalls. You need a blueprint for success. Introducing notary knowledge reference guide in notary bible. This is your essential playbook. Learn to master your duties, build a thriving mobile business, and protect yourself from costly mistakes with expert advice. Find notary knowledge reference guide in notary bible by Derek School from Amazon.com. Learn to Noble Hooks A Million, BookShop.org, Mobile Notary by DerekSpool.com, or download from Kindle today.

SPEAKER_02

Welcome to Notary Knowledge, hosted by Marilyn and Eddie. Today we're exploring the intricacies of Michigan notary laws.

SPEAKER_03

Yeah, and uh imagine stepping into a federal prison. I mean, your career is just over.

SPEAKER_02

Completely over. Your reputation in the community is entirely ruined, and you are legally barred from practicing your profession for a whole decade after your release.

SPEAKER_03

And the kicker. It all happened because you did like a quick favor for a family member.

SPEAKER_02

Right. Or maybe you use the wrong type of video software to verify a signature.

SPEAKER_03

Exactly.

SPEAKER_02

So welcome back to Notary Knowledge. It is fantastic to have you sitting at the table with us again.

SPEAKER_03

Always great to be here.

SPEAKER_02

We're building on our previous discussions about, you know, the broad strokes of what it means to be an impartial witness.

SPEAKER_03

But today we are zooming all the way in.

SPEAKER_02

We really are. But before we get to the main event, I want to challenge you to elevate your daily practice.

SPEAKER_03

Yeah, you really have to if you want to survive in this industry.

SPEAKER_02

Absolutely. If you are serious about this profession, you need to pick up the Notary Knowledge Books by Derek Spruell and spend some time on the Notary Knowledge website. The resources there are just absolute game changers for your business infrastructure.

SPEAKER_03

They really are. And while you're at it, take a second to rate the show, subscribe, and share this program with other professionals in your network.

SPEAKER_02

It really makes a massive difference for us.

SPEAKER_03

It does. And you know, today's content is specifically designed to push you out of your comfort zone.

SPEAKER_02

Oh, definitely.

SPEAKER_03

We spend a lot of time on this show discussing the overarching philosophy of being a public servant, but out in the field, your reality is built on highly specific, uncompromising, granular statutes.

SPEAKER_02

Right, because you don't go to court over philosophy.

SPEAKER_03

No, you go to court over missing a tiny subsection of the law.

SPEAKER_02

Which is exactly why we are putting you, the listener, in the hot seat today. We are running a high-level Michigan handbook trivia gauntlet.

SPEAKER_01

I love this format.

SPEAKER_02

Me too. We've structured this run-of-show as a series of 10 complex, multiple choice questions.

SPEAKER_03

So we're going thoroughly through the granular details of Michigan notarial law, uh, which is often referred to as Malona.

SPEAKER_02

Alongside the strict rules governing remote online notarization, or are on.

SPEAKER_03

Yeah. The format is pretty straightforward, but the scenarios is built from the real-world traps that catch even experienced professionals completely off guard.

SPEAKER_02

For sure. So you'll hear a practical scenario followed by a question and three distinct options.

SPEAKER_03

And we'll give you a few seconds of thinking time to mentally lock in your answer before we reveal the correct one.

SPEAKER_02

Right. But the real value is what happens after the reveal. We aren't just giving you the answer key.

SPEAKER_03

No, we are going to tear down the legal architecture of exactly why that answer is the law of the land.

SPEAKER_02

Aaron Ross Powell Exactly. How it protects you and what happens when it goes terribly wrong.

SPEAKER_03

So let's start with the absolute bedrock of your this your commission.

SPEAKER_02

Aaron Powell Yeah, because it is not as simple as an arbitrary flat expiration date stamped on a certificate.

SPEAKER_03

It definitely isn't. The state calculates your term using a very specific formula. It's designed to tether your professional status to your existing personal ID records.

SPEAKER_02

Which is an elegant administrative system.

SPEAKER_03

It is, but mathematically, I mean it confuses a lot of new applicants.

SPEAKER_02

Oh, constantly. So let's test that math.

SPEAKER_03

Yeah.

SPEAKER_02

Here is question one. If your notary commission is officially approved by the state on March 1st and your actual birthday is August 1st, how long is your notary commission legally valid in Michigan?

SPEAKER_03

Okay. Option A, exactly four years.

SPEAKER_02

Option B, exactly six years.

SPEAKER_03

Or option C, six to seven years tied to your birthday.

SPEAKER_02

Let's give you a couple of seconds to lock that in. One, two, three. All right, time's up. If you've locked in C, you are absolutely correct. The term is six to seven years tied specifically to your birthday.

SPEAKER_03

Yeah, let's look at the underlying logic here, because honestly, understanding this saves you from an accidental lapse in your commission. Which is a nightmare. A total nightmare. Under Michigan compiled law 55.269, subsection two, your commission term must always expire on your birthday. Always. Right. The state determines the exact length by looking at your commission date relative to your birthday within that specific calendar year.

SPEAKER_02

Aaron Powell So it's essentially a matter of whether your birthday has already passed when the state approves your paperwork.

SPEAKER_03

Precisely. If you are commissioned before your birthday in given year, just like in our scenario, where the approval is March 1st and the birthday isn't until August 1st, then your term is exactly six years from that upcoming birthday.

SPEAKER_02

Okay. That makes sense.

SPEAKER_03

However, if your commission date falls after your birthday in that calendar year, the state extends the grace period.

SPEAKER_02

Oh, wow.

SPEAKER_03

Yeah, they grant you a term of seven years from that past birthday. They do this so that your notary renewal aligns seamlessly with the renewal cycles of your driver's license or your state ID.

SPEAKER_02

Well, that makes a lot of administrative sense.

SPEAKER_03

It does.

SPEAKER_02

But getting that commission requires jumping through some significant hoops before the clock even starts.

SPEAKER_01

Oh, definitely.

SPEAKER_02

The application and the oath are straightforward enough, but the financial prerequisite is where I think people get incredibly confused.

SPEAKER_01

Bond.

SPEAKER_02

Yes, the bond. The law requires a $10,000 surety bond. You buy it, you file it with the county clerk along with a $10 filing fee, and you're good to go. But wait, hold on. I'm forced to buy this $10,000 bond out of my own pocket, but it offers me absolutely zero personal protection.

SPEAKER_01

Yeah, none at all.

SPEAKER_02

That feels entirely backward. I mean, if I am the one paying the premium, why doesn't it cover my legal fees if I get sued?

SPEAKER_03

Because it is fundamentally not an insurance policy for you.

SPEAKER_02

Okay.

SPEAKER_03

It is an instrument of public trust. The state requires that surety bond to protect the public from your potential mistakes or intentional misconduct. Interesting. Think of it as a guarantee to the citizens of Michigan that if you, as an agent of the state, cause them financial harm through an improper notarization, they have a guaranteed avenue to recover up to $10,000.

SPEAKER_02

Okay, but if that bonding company pays out $10,000 to a victim because I, you know, failed to properly identify someone on a mortgage document, the bonding company isn't just going to absorb that loss, are they?

SPEAKER_03

Oh, not a chance. The concept is called indemnification. If the surety company pays out a claim on your behalf, they will immediately turn around and come after your personal assets to recoup every single penny of that $10,000.

SPEAKER_01

Wow.

SPEAKER_03

You are fully liable. Now, there is one very specific demographic that's exempt from this bond requirement in Michigan.

SPEAKER_02

Oh, right. Licensed attorneys in good standing with the state bar of Michigan.

SPEAKER_03

Exactly.

SPEAKER_02

They are completely exempt from purchasing and filing that $10,000 surety bond, though they still have to take the oath and file their paperwork with the clerk.

SPEAKER_03

Yeah. And the rationale there is that an attorney is already bound by an intense framework of ethical requirements, state bar oversight, and usually massive malpractice insurance policies. The state basically views them as inherently bonded by their existing professional licenses.

SPEAKER_02

Which perfectly highlights the immense vulnerability of a standard notary who doesn't have a law firm's malpractice insurance backing them up.

SPEAKER_01

Absolutely.

SPEAKER_02

So if the state's mandatory bond leaves you completely exposed to financial ruin, what actually protects the notary?

SPEAKER_01

Let's get into it.

SPEAKER_02

Let's explore that massive gap in coverage with our next scenario. Imagine a colleague named Brian.

SPEAKER_03

Okay, Brian.

SPEAKER_02

Brian operates primarily out of North Carolina, but he maintains a principal place of business in Michigan, which makes him legally eligible to be a non-resident Michigan notary.

SPEAKER_01

Right.

SPEAKER_02

Now Brian is a meticulous guy, but he is terrified of personal financial ruin from an unintentional error or just a frivolous lawsuit.

SPEAKER_03

As he should be.

SPEAKER_02

So here is question two. Which instrument is specifically designed to protect Brian the notary from financial ruin due to unintentional mistakes or false claims?

SPEAKER_03

Is it option A, the $10,000 surety bond?

SPEAKER_02

Option B, an errors and omissions insurance policy.

SPEAKER_03

Or option C, the notary fees fund.

SPEAKER_02

Take a few seconds on this one. One, two, three. Okay. The correct answer here is B, an errors and omissions insurance policy.

SPEAKER_03

Yeah, we just established that the surety bond is a shield for the public. Right. If you make a catastrophic mistake, the bond pays the victim, and then the bond company financially ruins you to get their money back. Errors and omissions insurance, commonly called EO, is your personal shield.

SPEAKER_02

It really is the stark difference between mandatory public indemnification and optional but practically essential self-preservation.

SPEAKER_03

Absolutely.

SPEAKER_02

I cannot overstate how important this is. Let's say Brian is just sitting in a room notarizing a perfectly standard real estate transaction.

SPEAKER_03

Okay.

SPEAKER_02

Six months later, the family members of the signer start suing each other over the estate, and they decide to name Brian in the lawsuit, claiming he shouldn't have notarized the deed.

SPEAKER_03

Which happens all the time.

SPEAKER_02

Brian did nothing wrong. His notarization was flawless. But he still has to hire a lawyer to prove he did nothing wrong.

SPEAKER_03

And that is the true value of an EO policy. Even if a claim is entirely false or frivolous, an EO policy steps in to cover his legal defense fees from day one.

SPEAKER_02

Wow.

SPEAKER_03

If you have to retain a lawyer to defend your notarial act, a $10,000 retainer can just vanish in a week. Your EO policy pays for that lawyer.

SPEAKER_02

That's incredible peace of mind.

SPEAKER_03

It is. And if by some chance Brian actually did make an unintentional error, say he missed a secondary signature line on a complex trust document. Right. The policy covers the damages awarded to the victim up to his policy limit without the insurance company coming after his personal bank account.

SPEAKER_02

I always hear people say, Well, I'm careful I don't need it.

SPEAKER_03

Yeah, that's a dangerous mindset.

SPEAKER_02

It really is, because you aren't just insuring against your own mistakes, you are insuring against other people's litigious behavior.

SPEAKER_01

Exactly.

SPEAKER_02

Now let's talk about option C, the notary fees fund. It sounds like a state-sponsored safety net. What is that money actually doing?

SPEAKER_03

Oh, it is a phenomenal distractor option. Right. But it has nothing to do with protecting the notary. Wow. When you submit your initial application, you pay a $10 processing fee to the state. Okay. The statute dictates that a portion of that fee is deposited into the notary education and training fund within the state treasury. Sure. But here's the irony that money doesn't go toward educating or training notaries.

SPEAKER_02

Wait, so we fund a training program that we aren't allowed to take?

SPEAKER_03

Exactly. The statute explicitly allocates those funds to provide education and training programs for county clerks and their administrative staffs. Unbelievable. Yeah. It ensures the local government employees know how to process your notary applications and handle various election duties. So it is an administrative fund, not a legal defense fund.

SPEAKER_02

Okay, so the breakdown is crystal clear. The mandatory bond protects the public.

SPEAKER_01

Right.

SPEAKER_02

The optional EO policy protects you. Yes. And your mandatory state fee protects the county clerk's training budget.

SPEAKER_01

Spot on.

SPEAKER_02

Okay, let's move from the theoretical protections of insurance to the absolute front line of the job. Yes. You can have a million-dollar EO policy, but if you fail to properly identify the human being sitting across from you, your insurance might not save you from a negligence claim.

SPEAKER_03

Oh, definitely not.

SPEAKER_02

Identifying the signer is the single most critical point of failure in any notarial act.

SPEAKER_03

Without a doubt.

SPEAKER_02

So imagine a client named Chloe, who just moved from Arizona, sits down at your desk with a newly issued federal ID. Okay. Here's question three. According to Michigan law, which of the following highly secure government-issued IDs is legally unacceptable for identity verification because of a missing element?

SPEAKER_03

Is it option A, a federally recognized tribal ID?

SPEAKER_02

Option B, a U.S. passport book.

SPEAKER_03

Or option C, a U.S. passport card or a new military ID.

SPEAKER_02

Let's give you a moment to think.

SPEAKER_03

One, two, three.

SPEAKER_02

Okay. If you guessed C, you are spot on. A U.S. passport card or a new military ID is legally unacceptable as a standalone credential in Michigan.

SPEAKER_03

This specific statue catches a shocking number of seasoned professionals completely off guard.

SPEAKER_02

I bet.

SPEAKER_03

We are talking about highly secure federal documents issued by the Department of State and the Department of Defense. They have holograms, microprinting, and RFID chips.

SPEAKER_02

Right. So why on earth wouldn't a notary accept them?

SPEAKER_03

The answer requires looking at the exact text of Michigan Compiled Law 55.285.

SPEAKER_02

Okay.

SPEAKER_03

The law demands that an identification document meet three strict criteria. What are they? It must be issued by a state or federal government agency. It must be current or unexpired. And this is the big one. It must contain both a photograph and a signature of the bearer.

SPEAKER_02

A photo without a signature on an ID is essentially like having a heavy-duty lockbox, but no key.

SPEAKER_01

Exactly.

SPEAKER_02

The photograph proves the physical card belongs to the person standing in front of you. It establishes physical presence. Right. But the signature on that card is the key. It gives the notary a baseline, a historical artifact to compare against the live signature the person's placing on the legal document today.

SPEAKER_01

Yes.

SPEAKER_02

Without that baseline comparison, a massive part of the notary's verification process is just entirely missing.

SPEAKER_03

That is a perfect analogy. The physical signature comparison is the historical anchor of the notarial act.

SPEAKER_02

Which makes sense.

SPEAKER_03

Let's look at the passport card. When you apply for a U.S. passport, you can get the traditional blue book, the wallet-sized card, or both. When the book arrives in the mail, there is a blank line on page three where you must physically write your signature to activate it. Therefore, it possesses a photo and a signature. It passes the statutory test.

SPEAKER_02

Okay, but the card.

SPEAKER_03

The passport card, however, was designed primarily for land border crossings and maritime ports of entry. It arrives fully laminated from the factory.

SPEAKER_01

Oh, I see.

SPEAKER_03

There is no physical signature printed on the card, and there is nowhere for the bearer to sign it. Because it lacks that signature, it strictly fails the Michigan statutory test for a notarial ID.

SPEAKER_02

Wow. And the military IDs fall into the exact same category due to recent technological upgrades, right?

SPEAKER_03

They do. Around 2020, the Department of Defense began rolling out the next generation Uniformed Services ID cards. These are incredibly sophisticated smart cards for active duty, dependents, and veterans. But for operational security reasons and to make room for larger embedded cryptographic chips, the DoD completely removed the printed signature of the cardholder from the physical face of the ID.

SPEAKER_02

Unbelievable. Yeah. So from a federal security standpoint, it's a massive upgrade.

SPEAKER_03

Oh, absolutely.

SPEAKER_02

But from a Michigan notarial standpoint, it completely disqualifies the card as a standalone ID, because you have nothing to compare the wet signature against.

SPEAKER_03

That's exactly right.

SPEAKER_02

That is fascinating. The technology of the ID literally outpaced the text of the statute.

SPEAKER_03

It really did.

SPEAKER_02

Now, what about option A, the federally recognized tribal ID? A lot of notaries get really nervous when someone hands them an ID they've never seen before, especially one not issued by a standard DMV.

SPEAKER_03

Yeah, but they shouldn't hesitate, provided the ID meets the physical criteria. The legal framework here is crucial.

SPEAKER_02

How so?

SPEAKER_03

Michigan is home to twelve federally recognized Native American tribes. These are not social clubs or cultural organizations. They are sovereign governments that engage in nation-to-nation treaties with the United States federal government.

SPEAKER_00

Right.

SPEAKER_03

Because they are recognized as sovereign nations, the identification cards they issue to their citizens are legally classified as government-issued documents.

SPEAKER_02

Okay, so as long as that tribal ID has a clear, recognizable photograph, an unexpired date, and a physical signature, it holds the exact same legal weight as a Michigan driver's license.

SPEAKER_03

Exactly. It is a perfectly legal and robust form of identification.

SPEAKER_02

Good to know. So we've established the intense scrutiny required to verify a legitimate signer. But what happens when the fraudster isn't the person sitting across the desk?

SPEAKER_03

Oh boy.

SPEAKER_02

What happens when the fraudster is out in the world pretending to be Yi Chi?

SPEAKER_03

In a nightmare scenario.

SPEAKER_02

Truly. Let's talk about the absolute nightmare scenario for any notary. A compromised physical seal. Disasters happen.

SPEAKER_03

They do.

SPEAKER_02

Imagine a Michigan notary named Omar. Omar leaves his bag in his car while running into a coffee shop.

SPEAKER_03

Never a good idea.

SPEAKER_02

Right. Someone smashes the window and steals the bag, which contains his official notary stamp and his tangible bound chronological journal. Wow. Let's look at question four. What is the recommended and legally prudent immediate action Omar must take regarding his stolen notary seal?

SPEAKER_03

Option A, immediately buy a replacement stamp and continue working.

SPEAKER_02

Option B, report the incident to the Secretary of State and local law enforcement.

SPEAKER_03

Or option C, post a public notice of a stolen seal in a local newspaper.

SPEAKER_02

Give yourself a couple of seconds to think about that. One, two, three. All right. The only protective answer here is B. Report the incident to the Secretary of State and local law enforcement.

SPEAKER_03

Yeah, and what is genuinely terrifying about this scenario is that if you comb through the Michigan law on notarial acts, you will not find a highly detailed, step-by-step statutory protocol dictating exactly what to do if your physical seal is stolen.

SPEAKER_02

Really?

SPEAKER_03

Really? In fact, Michigan doesn't even strictly require a notary to own an inked physical seal, although practically every receiving agency in the country expects to see one. Right. Because the statute is somewhat silent on the exact recovery procedure, the industry standard and the absolute best practice become your de facto legal shield.

SPEAKER_02

Because a stolen seal is basically a blank check for identity theft.

SPEAKER_03

It absolutely is.

SPEAKER_02

A thief with Omar's seal and his journal now has the physical tools to forge real estate deeds, transfer vehicle titles, and execute fraudulent powers of attorney.

SPEAKER_01

Yeah.

SPEAKER_02

And they have Omar's journal, which shows them exactly how Omar signs his name and structures his notarial blocks.

SPEAKER_03

It is the ultimate vulnerability.

SPEAKER_02

So what does reporting it do?

SPEAKER_03

By reporting the theft immediately to local police, Omar establishes a verifiable paper trail. He creates a police report with a timestamp. Okay, that makes sense. Then, by notifying the Office of the Great Seal at the Secretary of State, he puts the governing body on high alert. Right. He is officially stating any documents that appear to be notarized by Omar after 9 a.m. this morning are highly suspect and potentially fraudulent.

SPEAKER_02

So if he chose option A, just silently ordering a new stamp from an office supply store and pretending it never happened to avoid embarrassment.

SPEAKER_03

Oh, that's the worst thing he could do.

SPEAKER_02

He is leaving himself utterly defenseless. When those fraudulent real estate deeds inevitably show up in court a year later, Omar has no proof that he wasn't the one who stamped them.

SPEAKER_01

None at all.

SPEAKER_02

He could be deeply implicated in a massive fraud ring simply through his own silence.

SPEAKER_03

And the penalties for being implicated in fraud or committing official misconduct are career-ending and life-altering.

SPEAKER_02

I can imagine.

SPEAKER_03

The state does not tolerate ambiguity when it comes to the integrity of this office. If the Secretary of State revokes your commission for official misconduct, you are legally barred from even submitting an application to reapply for a minimum of five years.

SPEAKER_02

Wow. And it gets worse if criminal charges are involved, doesn't it?

SPEAKER_03

Significantly worse. If a notary is convicted of a felony or any crime that results in them serving time in a state or federal prison, their notary commission is revoked automatically the very second they step into the correctional facility.

SPEAKER_02

The very second.

SPEAKER_03

Yep. Once they have served their time and are released, they are barred from holding a notary commission for at least ten years after completing their entire sentence, which includes any time spent on parole or probation.

SPEAKER_02

The state is essentially saying that the public trust is a privilege, and once you violate it, the road back is incredibly long.

SPEAKER_01

Very long.

SPEAKER_02

The stakes are undeniably high. So let's transition from the physical theft of a rubber stamp to the complexities of the digital frontier.

SPEAKER_01

Oh, this is a big one.

SPEAKER_02

The modern world demands digital speed, but notarial law requires highly specific cryptographic security. Right. Imagine a signer named Rachel, who's currently located in Colorado. She needs a document notarized quickly by you sitting in your office in Michigan.

SPEAKER_03

Okay.

SPEAKER_02

She signs a piece of paper while looking at you on a standard Zoom video call. And then she wants to scan that signed document and send it to you via Gmail attachment so you can print it, stamp it, and email it back.

SPEAKER_03

People ask for this all the time.

SPEAKER_02

All the time. Here is question five. Michigan permanently authorized remote online notarization. Can you legally conduct a RON using standard Zoom and Gmail?

SPEAKER_03

Option A, yes. As long as you record the entire Zoom call.

SPEAKER_02

Option B, no, you must use a state-approved RON technology provider.

SPEAKER_03

Or option C, yes, but only if she mails the physical paper to you afterward.

SPEAKER_02

Let's take two seconds. One, two, all right. The answer is absolutely B. Yeah. No, you must use a state approved RON technology provider.

SPEAKER_03

Yeah, and this is a massive coin of confusion that continuously trips up professionals who remember the early chaotic days of the pandemic.

SPEAKER_02

Aaron Powell Oh, the pandemic rules were wild.

SPEAKER_03

They were. Back in the spring of 2020, the governor issued executive orders. Order 2020 41. That was a desperate temporary emergency measure to keep commerce flowing while the world was locked down. Right. It allowed what the industry sometimes calls RIN or remote ink notarization. Under that specific temporary order, you could use standard two-way audio visual tech like Zoom, FaceTime, or Skype.

SPEAKER_02

Just standard apps.

SPEAKER_03

Right. You could physically watch someone sign a piece of paper through to webcam and have them fax or email the scan to you to apply your wet seal.

SPEAKER_02

Wow. But that emergency duct tape solution was completely stripped away, right? And the permanent highly secure architecture was built to replace it.

SPEAKER_03

Precisely. The permanent architecture is House Bill 5811, which formally and permanently codified remote online notarization in Michigan.

SPEAKER_02

Okay.

SPEAKER_03

Under permanent on rules, you cannot just fire up Skype and open your personal Gmail account.

SPEAKER_02

Not anymore.

SPEAKER_03

No. The law strictly requires notaries to operate within a closed, highly secure technology platform that has been explicitly reviewed and approved by the Michigan Secretary of State in conjunction with the Department of Technology, Management, and Budget.

SPEAKER_02

I always get asked what makes these approved platforms so different from a high-quality Zoom call? Like why is the state so rigid about the software?

SPEAKER_03

It comes down to structural document integrity and algorithmic identity verification.

SPEAKER_02

Tell me more about that.

SPEAKER_03

An approved platform like DocuSign, Notary Cam, or Blue Notary doesn't just provide a video feed, it provides automated identity proofing and credential analysis. It utilizes knowledge-based authentication or KBA.

SPEAKER_02

Oh, those are the incredibly stressful questions that pop up on the screen, right?

SPEAKER_03

Exactly.

SPEAKER_02

The software pulls from deep credit history and public records to ask which of these four streets did you live on in 2014? Or which of these banks held your auto loan in 2018?

SPEAKER_03

Yeah, they're questions that are almost impossible for a hacker to guess or find on a casual social media suite.

SPEAKER_02

That makes total sense.

SPEAKER_03

Exactly. The software verifies the ID and tests the human. Furthermore, these approved platforms apply tamper-evident cryptographic digital certificates to the final PDF the moment you apply your electronic seal.

SPEAKER_02

Right. Think of a cryptographic hash like a digital wax seal, but instead of just sitting on the outside of an envelope, the digital wax is microscopically woven into every single pixel of the document.

SPEAKER_03

That's a great way to describe it.

SPEAKER_02

If a fraudster later tries to change a $10,000 loan agreement into a $100,000 loan agreement, altering even a single pixel of that PDF instantly breaks the mathematical seal.

SPEAKER_03

Yes.

SPEAKER_02

The software immediately flags the document as tampered with and void. Zoom and Gmail cannot build a cryptographic wax seal.

SPEAKER_03

He absolutely cannot. And crucially, it is not enough just to buy a subscription to one of these platforms. Before you perform your very first remote notarization, you are legally required to file an electronic and remote notary request for change form with the state.

SPEAKER_02

I didn't realize that.

SPEAKER_03

Yeah, proving to the Secretary of State that you have formally contracted with one of these approved secure vendors.

SPEAKER_02

So technology handles the document security. As the notary, you still have to handle the human element.

SPEAKER_03

Always.

SPEAKER_02

Let's look at another complex scenario dealing with the messy reality of human interaction. Notaries are public servants, but they are not obligated to notarize every single piece of paper pushed across their desk.

SPEAKER_03

Far from it.

SPEAKER_02

Let's examine the safety bail, the moment when a notary's internal alarm bells go off.

SPEAKER_03

Okay.

SPEAKER_02

Imagine a signer named Amanda from South Carolina who appears on your webcam for a RON session. She seems highly agitated, she is aggressively rushing you to skip the instructional steps, and she keeps nervously glancing off camera.

SPEAKER_03

Big red flags.

SPEAKER_02

Huge. You feel highly suspicious of the entire interaction. Question six. Under Michigan law, a notary has wide discretion to refuse service when things feel wrong. However, what is the one absolute basis upon which a notary is strictly forbidden from refusing a notarial act?

SPEAKER_03

Option A, the signer refuses to consent to an audio video recording during Iran.

SPEAKER_02

Option B. The notary suspects the ID is fraudulent or tampered with.

SPEAKER_03

Or option C, discrimination based on race, gender, religion, or nationality. Let's pause for a second.

SPEAKER_02

One, two, three. Okay. The correct answer is C. Discrimination based on race, gender, religion, or nationality.

SPEAKER_03

Yeah. As a notary, your primary directive is to assess two invisible factors: willingness and awareness. Right. If Amanda is highly agitated, rushing the process and glancing nervously off camera, you have every right to hit the brakes. You are assessing willingness.

SPEAKER_02

Is there someone standing just out of frame coercing her into signing away the deed to her house?

SPEAKER_03

Exactly. If you suspect she is under duress or if you suspect her ID has been altered, you have the absolute legal right and frankly the ethical duty to refuse service immediately. That is your safety bail.

SPEAKER_02

And if we look at option A, if you are conducting a remote notarization and the signer says, I don't want this recorded, turn the camera off, you must refuse service.

SPEAKER_03

You have to.

SPEAKER_02

The 10-year video recording is a non-negotiable legal mandate for a wrong session. If they don't consent to the recording, the notarization simply cannot proceed.

SPEAKER_03

Correct. But the line is firmly drawn at discrimination. It is a hard, impenetrable wall in the statute.

SPEAKER_02

As it should be.

SPEAKER_03

Michigan law explicitly prohibits a notary from refusing service based on race, age, gender, religion, nationality, ethnicity, lifestyle, or political viewpoint.

SPEAKER_02

You are an agent of the state.

SPEAKER_03

Right. You hold a public commission. Maintaining strict neutrality is an absolute ethical and legal obligation.

SPEAKER_02

And let's look at the practical reality of this. Beyond the severe legal penalties and potential loss of your commission, discriminating against clients is terrible for the longevity of your business.

SPEAKER_01

Oh, it's business suicide.

SPEAKER_02

If your professional presence, whether online or in person, signals intolerance or bias, you instantly alienate massive portions of your potential market. People talk. Reviews matter. Absolutely. As a notary, you have to leave your personal beliefs at the door and serve the public impartially. Your job is not to judge the lifestyle of the signer. Your job is to verify their identity and ensure they are signing under their own free will.

SPEAKER_03

Well articulated. Impartiality is the absolute core of the office.

SPEAKER_02

It really is.

SPEAKER_03

Which leads us directly to the situations where the law assumes it is humanly impossible for you to remain impartial no matter how honest you think you are.

SPEAKER_02

Ah, yes. The family trap.

SPEAKER_03

The trap.

SPEAKER_02

It is incredibly tempting to do a quick favor for a family member who needs a document stamped right now, usually on a Sunday night when everything else is closed.

SPEAKER_03

Always on a Sunday.

SPEAKER_02

But Michigan law draws a fierce line on familial conflicts of interest. Let's say who falls inside the trap and who escapes it. Here is question seven. Which of the following relatives is a Michigan notary legally permitted to perform a notarial act for?

SPEAKER_03

Option A, a sibling or half sibling.

SPEAKER_02

Option B, a spouse or stepchild.

SPEAKER_03

Or option C, a former in-law or cousin.

SPEAKER_02

Think about it for a second. One, two, three. Okay, the answer is C. A former in-law or cousin.

SPEAKER_03

This specific statute is wonderfully precise, and it all revolves around preserving the sacred doctrine of the impartial witness. Right. When a notarized document is eventually challenged in a court of law, a judge needs absolute confidence that the notary who verified the signature had no direct stake in the outcome of the transaction.

SPEAKER_02

The notary must be a completely neutral third party.

SPEAKER_01

Exactly.

SPEAKER_02

If you are notarizing a real estate deed that transfers a summer cabin to your spouse, you clearly have a direct financial and beneficial stake in the outcome of that document. You cannot be an impartial witness to your own household's financial gain.

SPEAKER_03

Exactly. So the law meticulously maps out the prohibited relationships.

SPEAKER_02

Who is on the list?

SPEAKER_03

It specifically forbids notarizing any document for your current spouse. It prohibits notarizing for any lineal ancestors, meaning your parents, grandparents, and great-grandparents.

SPEAKER_02

Okay, that makes sense.

SPEAKER_03

It equally prohibits notarizing for lineal descendants, your children, grandchildren, and great-grandchildren. And it goes further to explicitly include step-relatives and half-relatives within those direct lines. It also strictly forbids notarizing for your siblings, your half-siblings, and your current in-laws.

SPEAKER_02

That is a massive web of prohibition. But the net doesn't catch the entire family tree, does it?

SPEAKER_03

It doesn't. It catches the immediate direct financial and familial structures.

SPEAKER_02

Okay.

SPEAKER_03

But once you step laterally outside that direct lineal web into collateral relatives, the statutory prohibition lifts. Oh, really? Yeah. You are legally permitted to notarize documents for your aunts, your uncles, your nieces, your nephews, and your cousins.

SPEAKER_02

Fascinating. And interestingly, because the legal bond of marriage has been entirely severed by a court, you are technically permitted to notarize for a former spouse or former in-law.

SPEAKER_03

Yep. Technically true.

SPEAKER_02

The law says I can legally notarize a document for my ex-husband. Though honestly, my right to refuse service based on agitated and erratic behavior might magically kick in the moment he walks through my office door.

SPEAKER_03

I think a lot of notaries would exercise their right to refuse in that specific scenario.

SPEAKER_02

Absolutely.

SPEAKER_03

And that's a great practical point. Just because the law strictly permits you to do something doesn't always mean you should do it if the situation feels ethically compromised or prone to future legal challenges.

SPEAKER_02

That's a really good rule of thumb. You could turn away your ex, but what about turning away a fundamentally flawed request from a paying client?

SPEAKER_01

That's tougher.

SPEAKER_02

People constantly misunderstand the limits of a notary's authority. Can you certify this photocopy of my college diploma? Is an incredibly common question that puts notaries in a tough spot.

SPEAKER_03

Oh, it happens all the time.

SPEAKER_02

Let's look at how to handle it in question eight. A client walks in, places a photocopy of a university diploma on your desk, and asks you to stamp it and legally certify that it is a true copy of the original document. How should a Michigan notary respond?

SPEAKER_03

Option A, stamp the copy, apply your seal, and charge the standard $10 fee.

SPEAKER_02

Option B, refuse the request because Michigan notaries are strictly prohibited from certifying that a record is an original or a true copy.

SPEAKER_03

Or option C, stamp it only if you personally operated the photocopy machine to make the copy.

SPEAKER_02

Take two seconds on this one. One, two. Okay. The only correct action here is B. Refuse because Michigan notaries are prohibited from certifying that a record is an original or a true copy.

SPEAKER_03

This scenario is one of the most frequent friction points between a notary and a client.

SPEAKER_02

I can imagine.

SPEAKER_03

The client is frustrated because they just need a stamp and they don't understand why you are saying no, but the refusal is absolutely mandatory. Right. In Michigan, a notary public does not possess the statutory authority to declare that a document is authentic or a legally true copy of an original.

SPEAKER_02

I always try to explain the logic to the client. I'll say, I am looking at this piece of paper and it looks incredibly official. It has a gold foil seal and beautiful calligraphy. Yeah. But I am not a forensic document examiner. I have no way of independently verifying if this diploma from a university three states away is a legitimate document or a highly sophisticated fake you bought online.

SPEAKER_03

Exactly.

SPEAKER_02

Therefore, I cannot place my state seal on it to certify its authenticity.

SPEAKER_03

That is the exact underlying logic. The state limits your authority because you lack the forensic capability to authenticate the paper.

SPEAKER_02

So who can certify a copy?

SPEAKER_03

The law generally limits that power to the original issuer of the document, like the university registrar's office, or the actual holder of the document, meaning the person whose name is printed on it.

SPEAKER_02

Aaron Powell But we don't just want to turn a client away empty-handed without offering a legal alternative.

SPEAKER_03

No, you want to help them if you can.

SPEAKER_02

How do we help a client who desperately needs to send a copy of this diploma to a foreign employer? We can't practice law without a license, but we can offer a different notarial act.

SPEAKER_03

You pivot to an act you are authorized to perform, an acknowledgement or a girat.

SPEAKER_02

Okay. How does that work?

SPEAKER_03

You explain to the client, the document holder, that while you cannot certify the copy, they can. The client writes a declarative statement directly on the photocopy or on an attached piece of paper stating something to the effect of I, John Doe, swear that this is a true, accurate, and unaltered copy of my original university diploma. The client then signs that written statement.

SPEAKER_02

And then the notary's role becomes crystal clear. You verify John Doe's identity, you watch him sign that statement or acknowledge that he signed it, and you notarize his signature on his declaration.

SPEAKER_03

Exactly. You are emphatically not authenticating the diploma itself. You are verifying that Justin Doe, identified by his driver's license, signed a piece of paper claiming it's his diploma.

SPEAKER_02

Which is a huge difference.

SPEAKER_03

It is. You are witnessing a human act, not verifying a piece of paper. It is a vital legal distinction that keeps you out of trouble.

SPEAKER_02

It perfectly highlights the ultimate boundaries of the office. We authenticate the signature, not the contents of the paper.

SPEAKER_03

Precisely.

SPEAKER_02

And speaking of limits, we aren't allowed to certify a person's physical status either.

SPEAKER_03

Correct. You cannot issue a notarized certification stating that a person is physically alive, often called a proof of life. Wow. Or that a business is legally incorporated. Those require entirely different legal authorities. You also cannot simply stamp blank pages just to show they belong in a larger packet of documents. Every single time your state seal hits a piece of paper, it must be accompanied by a witness signature and a complete notarial block detailing what act was performed.

SPEAKER_02

And if you perform that act correctly, how long does the record of it haunt you?

SPEAKER_03

For a very long time.

SPEAKER_02

If you transition to remote online notarization, your record keeping responsibilities don't just increase, they become absolute and staggering.

SPEAKER_01

They really do.

SPEAKER_02

Let's look at the digital vault in question nine. For how long is a remote online notary mandated by law to retain the tamper evident electronic journal and the audiovisual video recording of the notarial act?

SPEAKER_03

Option A. Option B?

SPEAKER_02

Seven years.

SPEAKER_03

Or option C, ten years.

SPEAKER_02

Give it a couple of seconds. One, two, three. Okay, the answer is a massive C, ten years.

SPEAKER_03

Let's dive deep into the implications of Michigan compiled law 55.286B. This statute outlines a dramatic shift in how notaries operate.

SPEAKER_02

Tell me about it.

SPEAKER_03

If you are doing traditional pen and paper notarizations in a coffee shop, keeping a journal is highly, highly recommended as your best defense in court, but it is not strictly required by Michigan law.

SPEAKER_01

Right.

SPEAKER_03

However, the absolute moment you decide to perform a remote online notarization, maintaining a journal shifts from a best practice to a strict legal mandate.

SPEAKER_02

Aaron Powell And you can't just have multiple notebooks floating around.

SPEAKER_03

No. You are allowed to maintain exactly one active journal for our acts at a time.

SPEAKER_02

Okay.

SPEAKER_03

It can be a tangible, permanently bound book, but most professionals use a tamper evident electronic format.

SPEAKER_02

Which makes sense for digital acts.

SPEAKER_03

Yeah. Modern e-journals, like the robust systems provided by Notary Central, utilize those secure cryptographic hashes we discussed earlier. Once you finalize and save an entry in an e-journal, the system locks it. If a hacker or even the notary tries to alter that entry two years later, the hash breaks, irrefutably proving the record was tampered with.

SPEAKER_02

That's incredible security.

SPEAKER_03

It is. The software also automatically captures IP addresses, digital thumbprints, ID scans, and unalterable timestamps.

SPEAKER_02

But the retention period is what truly boggles the mind. Ten years. It's a decade. Think about the sheer volume of data privacy implications involved in storing a decade's worth of high-definition video files. You are recording the inside of someone's living room. You're recording their face, their voice, and the ID they hold up to the camera.

SPEAKER_03

It is an immense responsibility. The law dictates that the 10-year clock starts from the date of the last recorded act in that specific journal.

SPEAKER_01

Wow.

SPEAKER_03

And that tenure requirement applies equally to both the written journal entries and the massive audiovisual video recordings of the entire Zoom style sessions.

SPEAKER_02

That's a lot of data.

SPEAKER_03

It is. You, the notary, are responsible for ensuring those video files are preserved securely, usually in redundant cloud storage provided by your Ron vendor for an entire decade.

SPEAKER_02

Which raises a terrifying question. What happens if I decide to retire from being a notary after three years?

SPEAKER_01

Okay.

SPEAKER_02

I surrender my stamp, I close up shop, but I still have seven years left on the clock for those digital records. Does the obligation just vanish?

SPEAKER_03

Absolutely not. Your obligation to those records survives the end of your career.

SPEAKER_02

Really?

SPEAKER_03

Yeah. If your commission naturally expires and is not renewed, if you resign, or even if your commission is revoked by the state, the law strictly requires you to inform the Secretary of State exactly where those ten-year records are being securely kept.

SPEAKER_00

Wow.

SPEAKER_03

Alternatively, if the state directs you to do so, you must surrender the entire digital vault to a designated state repository. The digital record of the truth must survive, regardless of what happens to the notary who created it.

SPEAKER_02

It really makes you realize the gravity of stepping into the Auron space. You are basically becoming a long-term archivist of legal history.

SPEAKER_03

You really are.

SPEAKER_02

Okay, for our final question, let's pull back from the digital clouds and talk about the bottom line and the physical tools you hold in your hand.

SPEAKER_03

The basics.

SPEAKER_02

Let's look at the business of notarizing in question 10. What is the maximum statutory fee a Michigan notary can charge for a single notarial act? And what type of ink is legally or practically preferred for physical signatures on legacy documents?

SPEAKER_03

Is it option A, $15, using any color gel ink?

SPEAKER_02

Option B, $10 using black or dark blue ballpoint ink.

SPEAKER_03

Or option C, $25 using black ink only.

SPEAKER_02

Let's take two seconds for our final question. One, two, all right. And the final answer of the day is B, $10, using black or dark blue ballpoint ink.

SPEAKER_03

Let's unpack this by separating the finances from the chemistry.

SPEAKER_02

Okay.

SPEAKER_03

First, the financial restrictions. Michigan law places a strict cap on the fee you can charge for the actual core notarial act. The maximum fee is $10 per act.

SPEAKER_02

$10? Yes.

SPEAKER_03

It does not matter if it is a traditional paper notarization, an in-person electronic notarization, or a complex remote online notarization. The value of your official state seal being applied to the document is capped at exactly $10.

SPEAKER_02

Now I can hear the mobile notaries screaming at their speakers right now.

SPEAKER_03

Oh, I'm sure.

SPEAKER_02

That does not mean a mobile notary only makes $10 to drive 45 minutes across town in the snow, correct?

SPEAKER_03

Correct. The state recognizes that your time and Huel have value. You are permitted to charge a separate additional travel fee.

SPEAKER_02

Phew. But and this is a massive but that leads to countless consumer complaints that travel fee must be explicitly discussed and agreed upon by the client prior to the commencement of your travel.

SPEAKER_01

No surprises.

SPEAKER_02

Exactly. You cannot arrive at a hospital, perform a $10 notarization, and then surprise the family with an undisclosed $75 driving fee. It must be completely transparent.

SPEAKER_03

That makes perfect sense.

SPEAKER_02

Similarly, in the ARON space, while the technology platform vendor might charge the client a $25 session fee for using their proprietary software and identity verification tools, your specific fee as the commissioned official for the notarial act within that digital session remains capped at $10.

SPEAKER_03

Okay. So the business side requires transparency and strict adherence to the cap. Now let's talk about the chemistry of ink. Why is ballpoint strictly preferred over a gel pen?

SPEAKER_02

Let me tell you, it matters.

SPEAKER_03

I personally love writing with gel pens. They glide so smoothly across the paper.

SPEAKER_02

Gel pens do write beautifully, but they are an absolute disaster for legacy documents.

SPEAKER_03

Really Yes. Think about documents that need to survive for 50 years. Mortgages, last wills and testaments, complex trusts. Okay. The ink in a gel pen is water-based. If a document gets wet from a spilt coffee, or if it is stored in a humid filing cabinet in a basement for two decades, water-based gel ink can run, smudge into illegibility, or fade entirely from the page.

SPEAKER_02

Oh wow. I never thought about that.

SPEAKER_03

Yeah. Ballpoint ink, on the other hand, is oil-based. The oil paste essentially binds with the fibers of the paper. It withstands the elements drastically better and ensures the signature physically survives for generations.

SPEAKER_02

And as for the color, the law requires black or dark blue. Yes. Blue is often practically preferred by county recorders and title companies because it instantly and visually distinguishes an original wet signature from a crisp black and white photocopy.

SPEAKER_03

It is a quick visual verification of an original document.

SPEAKER_02

That's a great tip. And what is a person that has terrible handwriting, or they don't even write in cursive? Can they just print their name on the signature line?

SPEAKER_03

Absolutely. We often conflate the idea of a signature with looping cursive handwriting, but the law is much broader. The statute defines a signature as an individual's written name, printed name, or even a simple mark, provided it is made with the explicit intent to sign the record. Cursive is not a legal requirement for a valid signature. Intent is the requirement.

SPEAKER_02

Intent over aesthetics. I like that. That completely wraps up our 10 complex scenarios. You survived the hot seat.

SPEAKER_03

It was a tough one today.

SPEAKER_02

It really was. But before we let you get back to your day, let's zoom out from the granular statutes and look at the massive picture of what this profession is becoming.

SPEAKER_03

I want to leave you with a thought about the monumental era we are currently navigating. Okay. We are witnessing a massive historical shift in real time. For centuries, a notary was purely a physical witness, bound entirely by the physical limitations of geographic proximity, wet oil-based ink, and milled paper. Right. You looked someone directly in the eye across a wooden desk and verified their humanity. Today, the introduction of cryptographic hashes, automated algorithmic identity proofing, and 10-year digital video vaults have rapidly turned notaries into digital identity gatekeepers for the global economy.

SPEAKER_02

It is a completely different, almost science fiction landscape compared to even 10 years ago.

SPEAKER_03

It really is. And as artificial intelligence becomes indistinguishable from reality, and as deep fakes become more prevalent and sophisticated in mimicking human behavior, the human element of the notary does not disappear into obsolescence. It becomes infinitely more critical.

SPEAKER_02

That's a really powerful point.

SPEAKER_03

Assessing a signer's genuine willingness, verifying their uncoerced awareness, and connecting with their core humanity through the barrier of a digital screen is more vital and honestly more challenging than ever before in the history of the profession. Wow. The technology is evolving at breakneck speed, but the core duty of the impartial witness remains the ultimate, indispensable safeguard of our entire legal system.

SPEAKER_02

That is a profound and empowering way to look at the immense work you do every single day. Remember to rate the show, subscribe, and share this program with other professionals who need to hear these vital insights to protect their business. Email your questions to Derek at Dereksprule.com. We will try to answer as soon as possible at the end of our shows.

SPEAKER_01

Exec Producer, Derek Spruel, Lead Writer, Marilyn Lee Trotter, Graphics, Eddie Montes Travis, Music, Thomas Bynum. Produced by Magnificent Works Business Solutions.

SPEAKER_02

Don't just be listeners of the knowledge, be doers of the knowledge. This is notary knowledge. Until next time.

SPEAKER_00

To obtain more notary knowledge, explore the full collection of books by Derek Spruel and find the perfect book for your notary business. Visit any online bookstore, Amazon.com, Barnes and Noble Bookstore, Bookofmillion.com, Bookshop.org, Mobile Notary by DerekSprowel.com, or download from Kindle to obtain your essential notary book to help with all your notarizations starting today.