By Leslie Hocker
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August 21, 2024
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