What you need to know before starting a mobile notary business.

Notaries sometimes are approached by people who do not have common identification, and wonder if it’s legal to accept it. One such ID is Tribal Government ID. Michigan is home to 12 Native American tribes that are officially recognized by the U.S. government. These tribes aren’t just groups of people with Native American heritage—they are their own governments with special rights. They have the power to make their own laws, run their own police and courts, and sometimes even make decisions that affect people who aren't members of the tribe. These tribal governments also provide important services to their members, like health care, education, and other community programs. Tribal lands in Michigan—like reservations or trust lands—are mostly governed by the tribes themselves, not the state. This means that when tribal members are on their own land, the state doesn’t usually have legal power over them. Instead, the state and the tribes work together as separate governments and often make official agreements about things like fishing rights, taxes, clean water, business development, and casino gaming. Because tribes are recognized by the federal government as sovereign nations, their tribal ID cards are legal forms of identification. That means a Michigan notary can accept a tribal ID when verifying someone’s identity—as long as the ID has a clear photo of the person, their signature, and it’s not expired if it has an expiration date. The following are the 12 federally acknowledged tribes in the state of Michigan: Bay Mills Indian Community Grand Traverse of Ottawa and Chippewa Indians Hannahville Potawatomi Indian Community Huron Potawatomi-Nottawaseppi Huron Band of Potawatomi Keweenaw Bay Indian Community Lac Vieux Desert Band of Lake Superior Chippewa Indians Little River Band of Ottawa Indians Leslie Hocker is a contributing editor for the Michigan Notary Association blog. Leslie is the President and co-Founder of the Michigan Notary Association , and runs her own mobile notary business, Mobile Notary of Macomb , in Chesterfield Michigan

This article was published first at OnMyWay Mobile Notary

It’s important for notaries to stay on top of the changes to forms of identification. This is the most important component to our job – identifying the signer. Michigan law 55.285 Performance of notarial acts; scope; verification, Sec 25. 6 (c) states: A notary public has satisfactory evidence that an individual is the individual whose signature is on a record if that individual is any of the following: (a) Personally known to the notary public. (b) Identified upon the oath or affirmation of a credible witness personally known by the notary public and who personally knows the individual. (c) Identified on the basis of a current license, identification card, or record issued by a federal or state government that contains the individual's photograph and signature. This article relates to (c). The notary must identify the signer based on their current license or ID card or record that is issued by a state or federal government , and it must have, so it can be read, the individual’s photograph and signature. We are all familiar with a driver’s license and state ID card. That’s the easy one. So, let’s discuss other ID cards that we might think we can accept, but we cannot. But first, we must address current vs valid. In my experience, asking if the signer has valid ID leads to arriving and finding that the driver’s license is expired. The law says CURRENT, not VALID. Therefore, we must be clear when communicating with the client that the ID must not be expired, as the definition of current is belonging to the present time . This translates to not expired . A better way to ask is, “Does the signer have unexpired ID?” Next, let’s talk about “a” state or federal government. The first operative word here is “a” . Michigan law does not say we can only accept Michigan or even US identification. If you can read the ID, and you can communicate with the signer, and the notarial block is in English, you can notarize using the foreign ID, as long as it follows the same law: State or Federal issued. Now, on to the last part: that contains the individual's photograph and signature . Both the signature and the photograph must be on the ID. There doesn’t need to be an expiration date, as some IDs don’t expire. Take military veteran ID, for example. They don’t expire. Passports, driver’s licenses, and ID cards do expire. Speaking of Passports: When a person applies for a passport in the US, they have a choice of a passport book or card, or both. They are the same application, but the results make the difference in being able to be used as ID. When a passport book is received, the owner signs it, therefore it can be used as identification by a notary. But when a passport card is received, it is already laminated, and it does not get signed. Therefore, a notary cannot accept a passport card as identification, as it is missing the signature. And finally, we need to discuss Military ID. In 2020, the military began rolling out a new method of identifying military members. In 2024, all military members – including spouses and other dependents, and new veterans – began receiving the new ID cards when they needed a new one. These cards have a chip in them and are not signed, so, we cannot use the NEW military ID cards as identification, because they are missing the signature. As a bonus, let’s talk for a moment about CPLs – Concealed Pistol License. These are not to be used as valid ID, as they are not issued by the state or federal government. They are issued by the county, and therefore do not qualify for use by a notary for identification purposes. If you have more questions about this topic, or anything related to notarizing in Michigan, consider our Notary Basic Education class for $59 at https://www.michigannotaryassociation.org/ Group rates are available for groups of 6 or more. Contact LHocker@MichiganNotaryAssociation.org for more information.

Because learning how to notarize has been largely a game of telephone, many Michigan notaries, no matter how long they have been notarizing, have no idea that we have three types of notarizations. Many states only have two. And when notaries learn how to notarize from social media, this is the most common misunderstanding they come away with. The three types of notarization in Michigan are: Acknowledgement Jurat Witness What is a Witness notarization? In order to fully understand the Witness notarization, we must first understand what an Acknowledgement and a Jurat are. The most common notarization is…truthfully, there isn’t a “most common” type. Let’s review all of them, one at a time. A notarial block is the only part of the document that a notary needs to read and understand, aside from the title of the document. Why? Because the contents of the document are the signer’s concern, the notarial block is the notary’s concern. Sometimes a notarial block will have words like “Acknowledged” or “Subscribed and Sworn”. Those are key words for a notary to know how to navigate this notarization. An Acknowledgement is, essentially, the signer saying - or acknowledging – that he has signed the document. In this instance, the signer can have signed on that date; on a past date; whether with the notary or not. It’s the signer saying, “yep, that’s my signature!” The notary will properly complete the notarial block, will sign, and stamp near the notary signature. The stamp is used to show all the legal credentials of the notary and should look like this, obviously with the notary’s information.

Federal laws govern voting rights, but state laws govern how an individual can vote. Your voter registration is based on your place of residence. College students may have the option to register to vote either in your hometown or in the state where they attend college, depending on their state's residency laws. While students might live in multiple places, they are only permitted to vote in one. If you're a college student studying outside of your home state, absentee voting is the most convenient way for you to cast your ballot. Absentee voting allows you to participate in elections even if you can't make it to your home polling place. However, some states require additional steps, like a notary or witness signature, to complete your absentee ballot. Here's what you need to know and how our website can help you find a notary for your voting needs. As a college student, you may be registered to vote in your home state but attending school here in Michigan. This makes absentee voting essential. However, depending on where you're registered, your state may require a notary or witness to validate your absentee ballot. Knowing the rules is crucial so your vote counts. Finding an educated and ethical notary can be challenging. The Michigan Notary Association makes it easy. Go to https://www.michigannotaryassociation.org/find-a-notary to locate a notary who can go to you. If your city or county isn’t listed, call or text 313-444-0614 for a direct referral. States Requiring Notary Signatures for Absentee Ballots

In 2010, the powers that governed Michigan decided that cursive does not need to be taught in schools anymore. So, it makes sense that many people did not learn cursive, and therefore, do not sign their name in cursive. But is their signature legal? Yes, it is legal. What is a signature? According to Wikipedia, “a signature is a handwritten depiction of someone's name, nickname, or even a simple "X" or other mark that a person writes on documents as a proof of identity and intent.” Notice it doesn’t mention cursive? What notaries don’t realize is that MiLona is not all encompassing for the laws that govern us. We sometimes must look beyond Michigan Law of Notarial Acts 238 of 2003 to find the answers to questions we might have. For instance: Michigan Law MCL - Section 8.3q “Written” and “in writing” construed (interpreted) The words "written" and "in writing" shall be construed (interpreted) to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. History: Add. 1959, Act 189, Imd. Eff. July 22, 1959 ;-- Am. 2005, Act 266 , Imd. Eff. Dec. 16, 2005 However, this situation is actually in MiLona, right on page 2. 55.267 Definitions; S to V. Sec. 7. (b) "Signature" means an individual's written or printed name, electronic signature, or mark, attached to or logically associated with a contract or other record and executed, adopted, or made by the individual with the intent to sign the record. Another instance of MiLona not being all encompassing for notaries is, to learn how to fill out a notarial block properly, one must go to the section of the law that governs deeds. MCL 565.201 Sec 1 states (b) A discrepancy does (can) not exist between the name of each person as printed, typewritten, or stamped beneath his or her signature and the name as recited in the acknowledgment or jurat on the instrument. It is in this same section that reads: (a) The name of each person purporting to execute the instrument is legibly printed, typewritten, or stamped beneath the original signature or mark of the person, and the signature or mark is in black or dark blue ink. Now let’s talk about “ink” . Gel is water based, and therefore not preferred for legacy documents. The law says black or dark blue ink . Notaries typically default to blue, to distinguish their signature from other markings on the page. There had been a law stating the notary must use black ink, but that was repealed in 2013. As for gel “ink”, it is wonderful to write with, however, it doesn’t hold up for legacy documents. Some gel inks are better than others, but how do we know which is which? Ballpoint ink is oil-based, and preferred because it won’t wash or fade if exposed to the elements. Gel can fade, and will run if exposed to water, so therefore, it is a best practice to use ballpoint ink, not gel. Fun fact: Michigan has a bill pending that will require schools to teach cursive, again. It is House Bill No. 4064, and it has passed in the House, and has been referred to the Committee on Education. Click here to learn more about Michigan Notary Laws, and how to incorporate them into your notary career. https://www.michigannotaryassociation.org/#Memberships

It’s understandable that notaries wonder if they are doing things correctly, because the state doesn’t train us. The state mandates that new notaries read the law, but they don’t add all the information to the law that we need to notarize properly. For instance, how to fill out a notarial block is in the part of the law for mortgage deeds and is not included in the Michigan Law of Notarial Acts. It only makes sense that notaries understand that the entire Michigan Compiled Laws applies to us, and that the excerpt they call MiLona is only part of what we need to know. It also makes sense that notaries don’t understand, because I have been trying to get the Office of the Great Seal to answer my questions pertaining to the interpretation of MiLona laws, and they won’t. I have asked attorneys too, and some won’t touch my questions, because they don’t interpret the law. Then who does? If interpretation of the law is left to notaries, and what goes wrong is only checked on when someone complains, then being a notary is just a wildcard game. The Michigan Notary Association has been working tirelessly with lawmakers and attorneys and registers of deeds to understand the law, get answers, and bring those answers to all Michigan notaries. From day one, we have been dedicated to the education of all things notary. We are expecting our first Bill numbers this week and will begin the process of raising awareness to the lawmakers who vote for or against legislation. We are asking for mandatory education for notaries. We are asking for all notaries applying for a commission to pass an examination. If this succeeds, we will become the 32 nd state to require either education, an examination, or both. I can’t think of any other job that doesn’t require an education or training of some sort. Yet a notary, whose primary responsibility is to help deter fraud, has no mandated education. If you are craving an education so you can avoid using your surety bond, you can now get a proper education at MINA’s new Copper level. It’s the same class as the full membership receives, and the exam is included. Click here to get started. If you are one of those people who don’t think education is needed, I challenge you to take our mini exam, and see if you can pass it. Email me at LHocker@MichiganNotaryAssociation.org for more information.

Confidentiality is the most basic principle of notarial practice. By focusing on your core duties of verifying identity, awareness, and willingness, and by avoiding any unnecessary reading of the documents, notaries can maintain the highest standards of privacy and trust. This not only protects their clients but also preserves the integrity and reputation of the notarial profession. Confidentiality is not just a professional courtesy—it's an ethical obligation. Notaries serve as impartial witnesses in the signing of important documents, but their role extends beyond mere verification. One of the cornerstones of their duty is to ensure the privacy and confidentiality of their clients' information. Confidentiality is a non-negotiable principle. Your clients trust you with paperwork that contains their sensitive personal and financial information, and it is imperative that this trust is not breached. The easiest way to not breach this trust is to not read the document, ever. Remember, the contents of the document are not your concern. You will never be asked, in court or otherwise, to tell anyone what the paperwork said. You will be asked if you issued an oath, if and how you verified the signer’s identity, if your signers were aware of what they signed, and if they were signing willingly or under duress. It is not the duty of the notary to guarantee any of the information in the document. There was a trend for a while where the notary fanned the document and stamped or embossed across all pages. In the State of Michigan’s handbook, it states that a notary Cannot apply their notary stamp or notary embosser pages to show a page belongs within the document. Every stamp or embossing is considered a notarization and requires witnessing a signature and having all the elements of a proper notarization. Notaries must resist the temptation to delve into the specifics of the documents they notarize. Reading the contents of a document is not only unnecessary but also inappropriate. The notary's role is strictly to authenticate the signing process, not to read or know the details of the document. By maintaining this boundary, notaries uphold the integrity of their profession and the confidentiality of their clients. Leslie Hocker is a contributing editor for the Michigan Notary Association blog. Leslie is the President and co-Founder of the Michigan Notary Association , and runs her own mobile notary business, Mobile Notary of Macomb , in Chesterfield Michigan.