Occupations: notaries public; use of communication technology to perform electronic notarizations and remote electronic notarizations; modify and expand. Amends secs. 3, 5, 26, 26a, 26b, & 27 of 2003 PA 238 (MCL 55.263 et seq.).

2025-2026 Regular Session Introduced by Sarah Lightner

HB 5658 modernizes Michigan's notary laws to allow remote electronic notarizations, increasing accessibility for digital transactions while raising concerns about fraud preventi...

bill electronically reproduced 03/03/2026

#occupations:notariespublic

Legislative bill overview

HB 5658 modifies Michigan's notary public laws to expand the use of communication technology for electronic notarizations and remote electronic notarizations. The bill amends multiple sections of the 2003 Notary Public Act, specifically addressing how notaries can conduct business using electronic means and remote platforms. The legislation is currently in the Judiciary Committee following its introduction in March 2026.

Why is this important

Notarization is a critical component of legal and financial transactions, from real estate deals to loan documents. This bill modernizes Michigan's notary framework to align with digital transaction practices that have become standard, particularly post-pandemic. Expanding remote notarization capabilities can increase accessibility for businesses and individuals while reducing in-person friction in document authentication processes. However, the changes also raise security and fraud prevention considerations in how documents are verified electronically.

Potential points of contention

Fraud and identity verification concerns: Remote notarization without in-person verification creates potential vulnerabilities to identity fraud and document forgery. Questions will likely arise about authentication standards and technology safeguards.

Technology requirements and equity: Mandating electronic notarization may disadvantage populations without reliable internet access or digital literacy, creating accessibility gaps rather than solving them.

Liability and notary training: Expanding remote capabilities without clear liability frameworks or mandatory technology training could leave notaries and consumers exposed to legal disputes.

Multi-state recognition: Unclear whether Michigan's standards will align with other states' remote notarization rules, potentially creating complications in interstate transactions.

Implementation details missing: The bill summary lacks specifics on required technology platforms, cybersecurity standards, and record-keeping requirements—critical for stakeholder assessment.