spw
Signing
Professionals
Workgroup
Notary
Signing Agent
Code of Conduct
January 21, 2016
Notary Signing Agent Code of Conduct ii
CONTENTS
INTRODUCTION ............................................................................................................................................. 1
DEFINITIONS .................................................................................................................................................... 3
D.1. Close Relative 3
D.2. Closing 3
D.3. Closing Agent 3
D.4. Closing Documents 3
D.5. Contracting Company 3
D.6. Critical Documents 3
D.7. Journal 3
D.8. Lender’s Representative 3
D.9. Non-Public Personal Information 3
D.10. Notarial Evidence Form 4
D.11. Notary Signing Agent or NSA 4
D.12. Settlement Services 4
D.13. Signer 4
D.14. Signing Assignment 4
D.15. Signing Presentation Guidelines 4
D.16. Signing Services 4
THE GUIDING PRINCIPLES ....................................................................................................................... 5
GUIDING PRINCIPLE 1: QUALIFICATIONS ....................................................................................... 6
1.1. Background Screening 6
1.2. Professional Licenses 6
1.3. Notary Laws and Rules 6
1.4. Federal Laws 6
1.5. Certification 6
1.6. Closing Documents 6
1.7. Ongoing Learning 6
1.8. Supervising Attorney 7
GUIDING PRINCIPLE 2: NOTARIZATION ........................................................................................... 8
2.1. Standard of Care 8
2.2. Improper Identification 8
2.3. Discrepancies in Names 8
2.4. Notary Seal 8
2.5. Seal Misuse 8
2.6. Journal of Notarial Acts 8
2.7. Notarial Evidence Form 8
2.8. Control of Seal and Journal 8
2.9. Legibility 9
2.10. Completion of Notarial Acts 9
2.11. Notary Public Code of Professional Responsibility 9
Notary Signing Agent Code of Conduct iii
2.12. Undue Cause for Refusal 9
GUIDING PRINCIPLE 3: IMPARTIALITY ......................................................................................... 10
3.1. Personal Interest 10
3.2. Professional Interest 10
3.3. Notary Signing Agent and Attorney in Fact 10
3.4. Notary Signing Agent and Witness 10
3.5. Appearance of Partiality 10
3.6. Personal Opinion 10
3.7. Exercise of Rescission Option 10
GUIDING PRINCIPLE 4: UNAUTHORIZED ADVICE OR SERVICES ........................................... 11
4.1. Legal Advice 11
4.2. Role and Limitations 11
4.3. Response to Questions 11
4.4. Presentation of Documents 11
4.5. Loan Terms 11
4.6. Settlement Fees 11
4.7. Disbursement or Funding Date 11
4.8. Loan Programs and Professionals 12
4.9. Contact Sources 12
4.10. Disclosure of Contact Sources 12
GUIDING PRINCIPLE 5: ILLEGAL AND SUSPICIOUS ACTIVITY ......................................... 13
5.1. Absent Signer 13
5.2. Pre- or Post-dated Certificate 13
5.3. False Document or Certificate 13
5.4. Extra Certificate 13
5.5. Approval of Power of Attorney Signing 13
5.6. Signer Awareness, Willingness and Disability 13
5.7. Inconsistent Signatures or Handwriting 13
5.8. Incomplete Documents 14
5.9. Presentation of Entire Document 14
5.10. Potential or Actual Misrepresentation 14
5.11. Unlawful Transaction 14
5.12. Evidence of Tampering 14
5.13. Disclosure of Wrongdoing 14
5.14. Cooperation with Authorities 14
GUIDING PRINCIPLE 6: PRIVACY AND CONFIDENTIALITY ................................................ 15
6.1. Nondisclosure of Signer Information 15
6.2. Journal Entries 15
6.3. Scrutiny of Documents 15
6.4. Reception and Delivery of Documents 15
6.5. Printing of Documents 15
6.6. Compromised Documents 15
Notary Signing Agent Code of Conduct iv
6.7. Security of Documents 15
6.8. Request for Electronic Documents 15
6.9. Return of Documents 16
6.10. Access Instructions 16
6.11. Unprotected Network 16
6.12. Transmission or Reception of Non-public Personal Information 16
6.13. Deletion of Electronic Documents 16
GUIDING PRINCIPLE 7: FEES ................................................................................................................ 17
7.1. Confirmation of Fee in Writing 17
7.2. Performance for Fee 17
7.3. Referral Fee 17
7.4. Collusion 17
7.5. Submission of Invoice 17
7.6. Invoice for Contracted Fee 17
7.7. Collection of Fee from Contracting Company 17
7.8. Collection of Fee from Signer 17
7.9. Separate Financial Records 17
GUIDING PRINCIPLE 8: ADVERTISING ............................................................................................ 18
8.1. Truthful Personal Assessment 18
8.2. False or Misleading Claims 18
8.3. Use of Professional Designation 18
8.4. Observation of Rules for Use 18
8.5. Use of Improper Designation 18
8.6. Solicitation of Outside Business 18
GUIDING PRINCIPLE 9: PROFESSIONALISM ................................................................................ 19
9.1. Refusal of Assignment 19
9.2. Overbooked Appointments 19
9.3. Delegation of Duties 19
9.4. Cancellation and Rescheduling of Appointments 19
9.5. Signing Presentation Guidelines 19
9.6. Assignment Requirements 19
9.7. Contracting Company Instructions 19
9.8. Review of Documents 20
9.9. Notification of Missing Documents 20
9.10. Appointment Confirmation 20
9.11. Professional Communications 20
9.12. Appropriate Attire 20
9.13. Notification of Late Arrival 20
9.14. Identifying Credentials 20
9.15. Changes to Documents 20
9.16. Status Reporting 20
9.17. Quality Assurance Review 21
9.18. Observance of Deadlines 21
Notary Signing Agent Code of Conduct v
GUIDING PRINCIPLE 10: STANDARDS .............................................................................................. 22
10.1. Association with Practitioners 22
10.2. Encouragement of Practitioners 22
10.3. Dispensing Knowledge 22
10.4. Higher Standards 22
NOTARY SIGNING AGENT’S ACKNOWLEDGMENT ............................................................... 23
Notary Signing Agent Code of Conduct vi
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Notary Signing Agent Code of Conduct 1
INTRODUCTION
Purpose of the Code
The Notary Signing Agent’s pivotal role in lending integrity to mortgage finance and real
property transactions necessitates sound standards for the performance of signing services.
While many occupations pose professional and ethical norms for their practitioners, the
need for guidelines for Notary Signing Agents is necessary given the fact that the vocation of
Notary Signing Agent is largely an unregulated profession. While state Notary Public laws and
regulations apply to the notarial acts performed by NSAs, these laws offer no guidance to the
non-notarial services rendered by NSAs.
The purpose of The Notary Signing Agent Code of Conduct (Code) is to enable Notary
Signing Agents to operate according to the highest standards of practice expected of like
professionals in the settlement services industry.
The Code Standards are of two types. Most are principles, policies and practices that have
proven to be effective in helping Notary Signing Agents perform their primary function of
witnessing the proper execution of loan and real estate documents. The rest address and guide
the NSA’s supportive duties, such as advertising services, charging and collecting fees, and
demonstrating responsible conduct with contracting companies and customers.
Because the acts of Notary Signing Agents affect property, and most importantly, personal
rights, it is imperative that standards of practice for NSAs be widely acknowledged as just, fair and
well-developed. To that end, the Standards in this Code were drafted with input from representatives
of occupational fields which employ NSAs, business professionals and NSAs themselves.
Organization of the Code
This Notary Signing Agent Code of Conduct is divided into ten sections or “Guiding
Principles” to enumerate the essential roles of the Notary Signing Agent. They are general
rules for responsible conduct.
Each Guiding Principle in turn sets forth particular “Standards of Practice” for the Notary
Signing Agent. Each Standard clarifies the NSA’s many duties.
Basis of the Code
The Guiding Principles and Standards of Practice are the distillation of interaction
between the National Notary Association, thousands of Notary Signing Agents from every
state and U.S. jurisdiction, lenders and the companies that employ NSAs. They address the
common problems, issues and questions encountered by NSAs.
The Principles and Standards reflect the conviction that Notary Signing Agents must
operate in a professional and businesslike fashion and always carefully document their official
activities.
Notary Signing Agent Code of Conduct 2
Statutory Requirements
In some jurisdictions, a particular Standard Practice may already be a requirement of
statute, such as the universal legal mandate to identify document signers when performing
notarial acts. For the overwhelming majority of Notary Signing Agents, no statute or
administrative rule will prevent adherence to the Standards of Practice in the Code. If
adherence to a Guiding Principle or Standard would result in violation of the law, the NSA
should always comply with the law.
Contracting Company Expectations
The Standards may contradict the policies or expectations of the Notary Signing Agent’s
contracting company, especially with regard to notarial practices. The point of conflict often
surfaces due to the unique pressures inherent in the settlement services industry to close loans
and transactions as quickly as possible.
Notary Signing Agents should understand that the Code is a model for preferred conduct.
A NSA should never violate the law if compliance with the law is against the wishes of the
contracting company or any other party to the transaction.
Uses and Benefits of the Code
This Code may serve as a tool to guide and educate not only Notary Signing Agents, but
also contracting companies employing NSAs and any users of NSA services.
Widespread implementation of the Code will reduce fraud and litigation.
Any Notary Signing Agent’s adherence to the Code’s Standards brings confidence that he
or she is acting in accord with the highest standards of the vocation.
Widespread adherence to the Standards by Notary Signing Agents will engender
heightened respect and recognition for NSAs.
Revision of the Code
The Notary Signing Agent Code of Conduct is not intended to be static and unchangeable.
Its organization allows the separable Standards to be added, deleted or amended with little or
no disruption of other elements in the Code.
While the 10 Guiding Principles of the Code are sufficiently general to embrace
considerable change in the duties and practices of Notary Signing Agents without amendment
to their current form, it is likely that the Code’s Standards may in time need revision or
supplement to accommodate technological developments.
Periodic review and revision of the Code is intended. The most current version of the
Code and a list of version changes will be made available upon release.
Notary Signing Agent Code of Conduct 3
DEFINITIONS
In this Notary Signing Agent Code of Conduct the following terms have the meaning ascribed:
D.1. Close Relative
“Close relative” means the Notary Signing Agent’s spouse, domestic partner, parent,
grandparent, sibling, child, stepchild, stepsibling, stepparent, step-grandparent, step-
grandchild or in-law.
D.2. Closing
“Closing” means the consummation of a transaction involving the purchase, sale or
financing of real property.
D.3. Closing Agent
“Closing agent” means a third party, including, but not limited to, an attorney, title agent
or escrow officer, that performs duties incident to the consummation of a transaction
involving the purchase, sale, or financing of an interest in real property.
D.4. Closing Documents
“Closing documents” mean the agreements, authorizations, contracts, disclosures,
instructions, notices and statements executed to consummate the purchase, sale or financing
of an interest in real property.
D.5. Contracting Company
“Contracting company” means an individual or entity that enters into an agreement with
and hires Notary Signing Agents to perform signing services.
D.6. Critical Documents
“Critical documents” mean the Note, Deed of Trust or Mortgage, and, as applicable, the
Truth in Lending Disclosure, HUD-1 Settlement Statement, Closing Disclosure and Notice of
Right to Cancel form contained in the closing documents, and other documents specified by
the lender.
D.7. Journal
“Journal” means a book or electronic medium to create and preserve a chronological
record of notarizations maintained and retained by a Notary Signing Agent in his or her
capacity as a Notary Public.
D.8. Lender’s Representative
“Lender’s representative” means an individual who acts on behalf of a lender, including,
but not limited to, a loan officer, mortgage broker, banker, or loan closer or processor.
D.9. Non-Public Personal Information
“Non-public personal information” means personally identifiable data provided by a
customer on a form or application, information about a customer’s transactions, or any other
information about a customer which is otherwise unavailable to the general public, and
Notary Signing Agent Code of Conduct 4
includes a customer’s first name or first initial and last name coupled with any of the
following: Social Security number, driver’s license number, state-issued ID number, credit
card number, debit card number, or other financial account numbers.
D.10. Notarial Evidence Form
“Notarial Evidence Form” means a record of notarizations performed in a transaction
involving the purchase, sale or financing of real estate that is completed by a Notary Signing
Agent and retained by the lender or closing agent.
D.11. Notary Signing Agent or NSA
“‘Notary Signing Agent’ or ‘NSA’” means an individual who has fulfilled all
requirements to earn and maintain the Notary Signing Agent designation prescribed by the
Signing Professionals Workgroup, and provides signing services as an independent contractor.
D.12. Settlement Services
“Settlement services” has the meaning ascribed in 12 USC § 2602, and includes any of the
following when performed in connection with a real property closing: title searches, title
examinations, the provision of title certificates, title insurance, services rendered by an
attorney, the preparation of documents, property surveys, the rendering of credit reports or
appraisals, pest and fungus inspections, services rendered by a real estate agent or broker, the
origination of a federally related mortgage loan (including, but not limited to, the taking of
loan applications, loan processing, and the underwriting and funding of loans), and the
handling of the processing, and closing or settlement.
D.13. Signer
“Signer” means an individual who is a buyer, seller or borrower in a transaction to
purchase, sell or finance an interest in real property.
D.14. Signing Assignment
“Signing assignment” means an engagement to provide signing services.
D.15. Signing Presentation Guidelines
“Signing presentation guidelines” means standardized written copy or answers used by a
Notary Signing Agent in providing signing services.
D.16. Signing Services
“Signing services” means performance by a Notary Signing Agent of any of the following:
coordination of the appointment at which closing documents are signed; receipt, duplication,
transportation to the parties for signatures, transmission by fax, and delivery to a shipping
carrier, of closing documents; care, custody, and control of closing documents while in the
possession of a NSA; presentation of closing documents to the parties for signatures;
notarization of closing documents; and supervision of the signing of documents by the parties.
Notary Signing Agent Code of Conduct 5
THE GUIDING PRINCIPLES
1. Qualifications
The Notary Signing Agent will satisfactorily meet and maintain all qualifications necessary to
perform signing services.
2. Notarization
The Notary Signing Agent will follow all laws, rules and best practices that apply to the
notarizing of closing documents.
3. Impartiality
The Notary Signing Agent will remain impartial to the transaction at all times.
4. Unauthorized Advice or Services
The Notary Signing Agent will not provide legal, personal, financial or other advice or
services to the signer in connection with a signing assignment nor explain the terms of any
closing document presented to the signer.
5. Illegal and Suspicious Activity
The Notary Signing Agent will not perform an illegal, deceptive or harmful act in connection
with a signing assignment and will report any suspicious activity to the NSA’s contracting
company.
6. Privacy and Confidentiality
The Notary Signing Agent will respect the privacy of each signer and protect closing
documents from unauthorized disclosure.
7. Fees
The Notary Signing Agent will follow all contractual obligations in charging and collecting
fees for services rendered.
8. Advertising
The Notary Signing Agent will not advertise signing services in a manner that is
unprofessional, false, misleading or deceptive.
9. Professionalism
The Notary Signing Agent will always act in a responsible manner towards contracting
companies and parties to the transaction.
10. Standards
The Notary Signing Agent will endeavor to maintain and raise standards of practice amongst
practitioners in the signing services industry.
Notary Signing Agent Code of Conduct 6
GUIDING PRINCIPLE 1: QUALIFICATIONS
The Notary Signing Agent will satisfactorily meet and maintain all qualifications
necessary to perform signing services.
Standards of Practice
1.1. Background Screening
The Notary Signing Agent will submit to a background screening of the NSA’s identity,
residence, record of state or federal criminal arrests and convictions, and state motor vehicle
record, and to a check of the NSA’s name against pertinent lists as required by rules
implementing the USA PATRIOT Act.
1.2. Professional Licenses
The Notary Signing Agent will obtain and maintain all licenses and commissions required
to perform signing services in the NSA’s state or jurisdiction.
1.3. Notary Laws and Rules
The Notary Signing Agent will keep current on all laws and official regulations that affect
the performance of notarial acts in the NSA’s state or jurisdiction.
1.4. Federal Laws
The Notary Signing Agent will demonstrate an understanding of the provisions of any
relevant federal laws and official regulations that pertain to the performance of signing services,
including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), Truth in Lending Act
(TILA), Real Estate Settlement Procedures Act (RESPA), Fair and Accurate Credit and
Transactions Act (FACTA) and the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act.
1.5. Certification
The Notary Signing Agent will earn and maintain any relevant certifications needed to
service contracting companies and parties to the transaction.
1.6. Closing Documents
The Notary Signing Agent will become familiar with the closing documents for each
assignment but will not use this knowledge to provide unauthorized counsel or advice to
signing parties.
1.7. Ongoing Learning
The Notary Signing Agent will keep informed on any technical matters, legal requirements
and other developments that affect the NSA’s competence or responsibilities in rendering signing
services.
Notary Signing Agent Code of Conduct 7
1.8. Supervising Attorney
The Notary Signing Agent will willingly submit to the supervision of an attorney if
required by law or rule in the NSA’s state or jurisdiction.
Notary Signing Agent Code of Conduct 8
GUIDING PRINCIPLE 2: NOTARIZATION
The Notary Signing Agent will follow all laws, rules and best practices that apply
to the notarizing of closing documents.
Standards of Practice
2.1. Standard of Care
The Notary Signing Agent will exercise reasonable care in the performance of notarial
duties generally and will exercise a high degree of care in verifying the identity of any person
whose identity is the subject of a notarial act.
2.2. Improper Identification
The Notary Signing Agent will not accept an unauthorized identification document or
other means of identification as satisfactory evidence of identity in order to expedite the
closing of the transaction or for any other reason, and will ensure that any identification
document presented has not expired, unless expressly authorized by law.
2.3. Discrepancies in Names
The Notary Signing Agent will not notarize the signature of a signing party whose name
on the document cannot be verified with reasonable certainty by examining a written
identification document or by the oaths of credible witnesses.
2.4. Notary Seal
The Notary Signing Agent will authenticate each notarial act performed on closing
documents with the NSA’s Notary seal, even if not required by law.
2.5. Seal Misuse
The Notary Signing Agent will not use the NSA’s Notary seal for any purpose other than
performing authorized notarial acts.
2.6. Journal of Notarial Acts
The Notary Signing Agent will record each notarial act performed on closing documents in
a journal of notarial acts even if not required by law.
2.7. Notarial Evidence Form
The Notary Signing Agent will complete and promptly return a Notarial Evidence Form for
each assignment when requested or required by a lender, title company, closing agent or
contracting company.
2.8. Control of Seal and Journal
The Notary Signing Agent will keep the NSA’s Notary seal and journal in a locked and
secure area when not in use and not allow any other person to possess or use them.
Notary Signing Agent Code of Conduct 9
2.9. Legibility
The Notary Signing Agent will ensure that the NSA’s handwriting and Notary seal on all
closing documents are legible and photographically reproducible.
2.10. Completion of Notarial Acts
The Notary Signing Agent will complete the notarial acts on all closing documents and the
journal entries for the notarizations in the presence of the signer at the appointment when the
documents are signed.
2.11. Notary Public Code of Professional Responsibility
The Notary Signing Agent will comply with all standards set forth in The Notary Public
Code of Professional Responsibility as adopted and amended by the National Notary
Association.
2.12. Undue Cause for Refusal
The Notary Signing Agent will not refuse to perform a notarial act solely because a signer
refuses to comply with a practice that is not a legal requirement for notarization in the NSA’s
state or jurisdiction.
Notary Signing Agent Code of Conduct 10
GUIDING PRINCIPLE 3: IMPARTIALITY
The Notary Signing Agent will remain impartial to the transaction at all times.
Standards of Practice
3.1. Personal Interest
The Notary Signing Agent will not provide signing services for a transaction in which the
NSA or the NSA’s close relative is directly or indirectly involved as a party.
3.2. Professional Interest
The Notary Signing Agent will not provide signing services for a transaction in which the
NSA or NSA’s close relative is the loan officer, real estate agent, mortgage broker, or a
settlement services provider.
3.3. Notary Signing Agent and Attorney in Fact
The Notary Signing Agent will not sign documents in the capacity of Notary Signing
Agent and as attorney in fact for a principal in the same transaction.
3.4. Notary Signing Agent and Witness
The Notary Signing Agent will not perform signing services in the capacity of Notary
Signing Agent and witness to a deed, Deed of Trust or Mortgage in the same transaction
unless expressly allowed by law.
3.5. Appearance of Partiality
The Notary Signing Agent will refrain from performing signing services in any transaction
that would raise the appearance of or the potential for a conflict of interest.
3.6. Personal Opinion
The Notary Signing Agent will not offer a personal opinion to a signer about executing or
not executing closing documents or consummating or not consummating a transaction.
3.7. Exercise of Rescission Option
The Notary Signing Agent will not recommend that a borrower proceed with the signing of
any closing document on the grounds that the rescission option provides three business days
to thoroughly read loan documents, ask questions of the lender and decide whether to
consummate the transaction, but will recommend that the borrower contact the lender’s
representative immediately before signing the documents.
Notary Signing Agent Code of Conduct 11
GUIDING PRINCIPLE 4: UNAUTHORIZED ADVICE OR SERVICES
The Notary Signing Agent will not provide legal, personal, financial or other
advice or services to the signer in connection with a signing assignment nor
explain the terms of any closing document presented to the signer.
Standards of Practice
4.1. Legal Advice
The Notary Signing Agent will not offer legal advice to a signer during an assignment
to provide signing services unless the NSA is an attorney representing a party in the
transaction.
4.2. Role and Limitations
The Notary Signing Agent will clearly explain to the signing parties that the NSA is solely
responsible for providing signing services connected with the transaction and cannot answer
specific questions about the transaction or the legal effect of the closing documents.
4.3. Response to Questions
The Notary Signing Agent may respond to a signer’s specific question by directing the
individual to read the provisions in the critical or other closing documents identified by the
NSA that may answer the question or by referring the individual to the lender’s representative
or closing agent associated with the transaction.
4.4. Presentation of Documents
The Notary Signing Agent will present each closing document to a signer in conformance
with a signing presentation guidelines authorized by the contracting company, and by naming
and stating the general purpose of the document, specifying the number of pages and
indicating where signatures, dates or initials are to be placed.
4.5. Loan Terms
The Notary Signing Agent may identify and provide a general description of a loan or
payment amount, interest rate, annual percentage rate, finance charge, payment schedule,
assumption option, prepayment penalty or any other loan term to a borrower in the closing
documents, but may not explain, interpret or provide legal advice about the loan terms.
4.6. Settlement Fees
The Notary Signing Agent may identify and provide a general description of a fee or
charge appearing on a signer’s HUD-1, Closing Disclosure or other closing statement, as
applicable, but may not explain, interpret or provide legal advice about the fee or charge.
4.7. Disbursement or Funding Date
The Notary Signing Agent will neither attempt to forecast nor disclose an actual
disbursement or funding date to a signer unless expressly requested in writing by a lender’s
Notary Signing Agent Code of Conduct 12
representative or closing agent or the date is clearly identified in a closing document the NSA
can present to the individual.
4.8. Loan Programs and Professionals
The Notary Signing Agent will not advise a borrower on loan products, programs,
competitive rates or mortgage loan professionals at a signing appointment or in any verbal or
written communication in connection with an assignment.
4.9. Contact Sources
A Notary Signing Agent will not commence a signing appointment without having
obtained the contact information of the lender’s representative and closing agent associated
with the transaction.
4.10. Disclosure of Contact Sources
The Notary Signing Agent will provide the borrower with the contact information of the
lender’s representative and closing agent who may answer questions about the loan and
explain the terms of the loan or any closing document presented to the borrower.
Notary Signing Agent Code of Conduct 13
GUIDING PRINCIPLE 5: ILLEGAL AND SUSPICIOUS ACTIVITY
The Notary Signing Agent will not perform an illegal, deceptive or harmful act in
connection with a signing assignment and will report any suspicious activity to
the NSA’s contracting company.
Standards of Practice
5.1. Absent Signer
The Notary Signing Agent will not comply with a request to notarize the signature of a
signer who does not personally appear before the NSA.
5.2. Pre- or Post-dated Certificate
The Notary Signing Agent will not pre- or post-date a notarial certificate in order to meet a
funding deadline, avoid an expiring rate lock or for any other reason.
5.3. False Document or Certificate
The Notary Signing Agent will not comply with a request of a lender’s representative,
contracting company, closing agent, signer or any other person to falsify information in a
closing document or certificate of a notarial act.
5.4. Extra Certificate
The Notary Signing Agent will not comply with a request of a lender’s representative,
contracting company or closing agent to mail a signed and sealed notarial certificate that is
not securely attached to an actual closing document notarized by the NSA.
5.5. Approval of Power of Attorney Signing
The Notary Signing Agent will not commence an appointment involving an attorney in
fact signing for an absent principal unless specifically approved by the lender’s representative
or closing agent for the transaction.
5.6. Signer Awareness, Willingness and Disability
The Notary Signing Agent will immediately contact the NSA’s contracting company if the
NSA has a reasonable belief that a signer is not aware of the loan or the significance of the
transaction at the time closing documents are signed, possesses a physical disability requiring
accommodation that the NSA has not been trained or authorized to perform, or the person is
being overtly influenced or pressured into signing or not signing the documents.
5.7. Inconsistent Signatures or Handwriting
The Notary Signing Agent will immediately contact the NSA’s contracting company if the
NSA has a reasonable belief that a person’s signature or handwriting appears to be overtly
inconsistent with any identification card, journal entry or document presented or signed in
connection with the transaction.
Notary Signing Agent Code of Conduct 14
5.8. Incomplete Documents
The Notary Signing Agent will immediately contact the NSA’s contracting company if any
closing document required to be notarized is incomplete or contains blank spaces.
5.9. Presentation of Entire Document
The Notary Signing Agent will present all pages of a closing document, and not just the
signature page, to a signer for signature.
5.10. Potential or Actual Misrepresentation
The Notary Signing Agent will immediately report any potential or actual misrepresentation
or falsehood known or witnessed by the NSA in connection with a transaction to the NSA’s
contracting company.
5.11. Unlawful Transaction
The Notary Signing Agent will immediately contact the NSA’s contracting company if the
NSA has knowledge or a reasonable belief that a transaction is unlawful.
5.12. Evidence of Tampering
The Notary Signing Agent will immediately contact the NSA’s contracting company if the
NSA has knowledge or a reasonable belief that a closing document or notarial certificate has
been tampered with or altered.
5.13. Disclosure of Wrongdoing
The Notary Signing Agent will not conceal knowledge of a criminal act committed in
connection with a signing assignment but will immediately notify a lawful authority as soon
as the NSA becomes aware that a criminal act has been committed.
5.14. Cooperation with Authorities
The Notary Signing Agent will fully cooperate with law enforcement investigating an
allegation of criminal activity of which the NSA has knowledge or that implicates the NSA.
Notary Signing Agent Code of Conduct 15
GUIDING PRINCIPLE 6: PRIVACY AND CONFIDENTIALITY
The Notary Signing Agent will respect the privacy of each signer and protect
closing documents from unauthorized disclosure.
Standards of Practice
6.1. Nondisclosure of Signer Information
The Notary Signing Agent will not disclose the transaction or personal information of a
signer to any person not directly a party to the transaction.
6.2. Journal Entries
The Notary Signing Agent will take reasonable steps to prevent other parties from viewing
completed entries in the NSA’s Notary journal.
6.3. Scrutiny of Documents
The Notary Signing Agent will not inspect or examine the closing documents beyond
what is needed to determine the requirements and conditions for the assignment and to
complete any journal entries for notarizations on the documents.
6.4. Reception and Delivery of Documents
The Notary Signing Agent will reasonably attempt to receive and deliver all closing
document packages in person or via secure means.
6.5. Printing of Documents
The Notary Signing Agent will personally download and print all closing documents and
not assign this responsibility to any other person.
6.6. Compromised Documents
The Notary Signing Agent will ensure that any package of closing documents is properly
sealed upon reception and delivery and will immediately report to the contracting company
any circumstance leading the NSA to reasonably believe that the contents of the package
have been compromised.
6.7. Security of Documents
The Notary Signing Agent will keep all closing documents committed to the NSA under
personal control or lock and key before and during the appointment, and until delivering them
via secure means to a reliable delivery service, including but not limited to a secured drop box
location or hand delivery at a facility or office, or the closing agent for the transaction.
6.8. Request for Electronic Documents
The Notary Signing Agent will not comply with a request from a signer to provide
electronic closing documents, but will notify the NSA’s contracting company of the
individual’s request for documents.
Notary Signing Agent Code of Conduct 16
6.9. Return of Documents
The Notary Signing Agent will return all executed or unexecuted closing documents in
compliance with instructions from the contracting company or closing agent for the
transaction in the event that an assignment is postponed or canceled.
6.10. Access Instructions
The Notary Signing Agent will not share with any person the logon credentials or access
instructions to a website for the purpose of viewing, downloading or printing closing
documents.
6.11. Unprotected Network
The Notary Signing Agent will not use a public or unsecured computer network to retrieve
electronic communications in connection with a signing assignment, to access, download or
print closing documents, or to fax signed documents to a lender’s representative, contracting
company or closing agent.
6.12. Transmission or Reception of Non-public Personal Information
The Notary Signing Agent will use encryption, strong passwords and other secure delivery
methods to send or receive closing documents or communications containing a signer’s non-
public personal information, whether by fax, email or other means.
6.13. Deletion of Electronic Documents
The Notary Signing Agent will permanently erase any files containing electronic closing
documents from the NSA’s personal or a shared computer immediately upon conclusion of
an assignment.
Notary Signing Agent Code of Conduct 17
GUIDING PRINCIPLE 7: FEES
The Notary Signing Agent will follow all contractual obligations in charging and
collecting fees for services rendered.
Standards of Practice
7.1. Confirmation of Fee in Writing
The Notary Signing Agent will confirm the fee to be paid by the contracting company for
an assignment to provide signing services in writing prior to the appointment with the signer.
7.2. Performance for Fee
The Notary Signing Agent will not refuse to perform services for an assignment that the
NSA has previously accepted in dispute over a negotiated fee unless the requirements for the
assignment materially change after the NSA has accepted the assignment.
7.3. Referral Fee
The Notary Signing Agent will only charge and receive the fee for rendering signing
services in connection with a transaction and will not accept, charge or pay an illegal referral
fee, rebate, fee-split, unearned fee or kickback.
7.4. Collusion
The Notary Signing Agent will not collude with other NSAs to set fees for signing services.
7.5. Submission of Invoice
The Notary Signing Agent will submit an invoice for payment to the contracting company
for each completed assignment in a form that complies with the terms of the written
agreement between the NSA and contracting company.
7.6. Invoice for Contracted Fee
The Notary Signing Agent will invoice the contracting company for the exact fee
negotiated between the NSA and company and will not over- or understate this fee.
7.7. Collection of Fee from Contracting Company
The Notary Signing Agent will not attempt to collect on a nonpaying account without first
establishing that the contracting company has failed to fulfill its contractual obligations.
7.8. Collection of Fee from Signer
The Notary Signing Agent will not attempt to collect the signing fee from the signer in the
event that the contracting company fails to remit timely payment.
7.9. Separate Financial Records
The Notary Signing Agent will keep a separate and detailed record of all fees received for
each assignment.
Notary Signing Agent Code of Conduct 18
GUIDING PRINCIPLE 8: ADVERTISING
The Notary Signing Agent will not advertise signing services in a manner that is
unprofessional, false, misleading or deceptive.
Standards of Practice
8.1. Truthful Personal Assessment
The Notary Signing Agent will not misrepresent the NSA’s background, education,
training or expertise in an application or interview to provide signing services, on a website
or in any promotional materials distributed by the NSA.
8.2. False or Misleading Claims
The Notary Signing Agent will not make exaggerated or excessive claims, promises or
guarantees about the NSA’s services.
8.3. Use of Professional Designation
The Notary Signing Agent will not advertise or promote the NSA’s services by using
professional designations or certifications the NSA has not received or earned.
8.4. Observation of Rules for Use
The Notary Signing Agent will comply with all requirements governing the use of
membership and professional designations, logos and marks as may be required by the
issuing, certifying or accrediting entity.
8.5. Use of Improper Designation
The Notary Signing Agent will not use any false, misleading, nonexistent or meaningless
designation to lend credence to the NSA’s background, education, expertise or services.
8.6. Solicitation of Outside Business
The Notary Signing Agent will not directly or indirectly solicit a signer for products or
services other than as a Notary Signing NSA or Notary Public at an appointment to provide
signing services or in any written, verbal or electronic communication in connection with the
assignment.
Notary Signing Agent Code of Conduct 19
GUIDING PRINCIPLE 9: PROFESSIONALISM
The Notary Signing Agent will always act in a responsible manner towards
contracting companies and parties to the transaction.
Standards of Practice
9.1. Refusal of Assignment
The Notary Signing Agent will refuse to accept an assignment if the NSA reasonably
foresees that he or she will be unable to meet the contracting company’s expectations for the
assignment, including, but not limited to, arriving at the appointment at the set time, and
printing and providing copies of closing documents.
9.2. Overbooked Appointments
The Notary Signing Agent will schedule appointments with sufficient time to complete the
assignment and not so closely schedule same-day appointments that the NSA cannot
reasonably meet the expectations for any prior or subsequent assignment.
9.3. Delegation of Duties
The Notary Signing Agent will not authorize another Notary Signing Agent to perform
signing services on the NSA’s behalf without the express approval of the contracting
company providing the assignment.
9.4. Cancellation and Rescheduling of Appointments
The Notary Signing Agent will not cancel or attempt to reschedule an appointment with a
signer once the appointment has been set, but will immediately notify the contracting company
providing the assignment if an emergency prohibits the NSA from attending the appointment.
9.5. Signing Presentation Guidelines
The Notary Signing Agent will follow any signing presentation guidelines in performing
signing services as may be required by the contracting company.
9.6. Assignment Requirements
The Notary Signing Agent will thoroughly review the requirements and expectations for a
given assignment, noting in particular what stipulated documents and payments the NSA
must receive from the signer, and what documents and copies the NSA must leave with that
individual.
9.7. Contracting Company Instructions
The Notary Signing Agent will review each lender’s and contracting company’s
instructions and signing presentation guidelines for the assignment prior to the signing
appointment and follow such instructions and guidelines provided they do not violate a
statute, regulation or official directive related to the performance of notarial acts.
Notary Signing Agent Code of Conduct 20
9.8. Review of Documents
The Notary Signing Agent will review the closing documents prior to commencing the
signing appointment to confirm the documents identify the correct signing party or parties
and to determine which documents must be signed, dated, initialed and notarized.
9.9. Notification of Missing Documents
The Notary Signing Agent will immediately contact the closing agent for the transaction
prior to the appointment if the NSA discovers that the Note, Mortgage or Deed of Trust, and,
as applicable, the Truth in Lending Disclosure, Closing Disclosure, or other closing statement
is either incomplete or missing from the closing package.
9.10. Appointment Confirmation
The Notary Signing Agent will confirm the appointment to sign closing documents with
the signer, ensuring that all parties and witnesses signing documents, identification cards,
stipulated documents and checks will be available upon the NSA’s arrival, unless expressly
prohibited by the contracting company.
9.11. Professional Communications
The Notary Signing Agent will ensure that the NSA’s verbal and written communications,
including, but not limited to, phone conversations, voicemail greetings, emails, faxes,
Internet forum responses and social network postings, convey a professional tone and
demeanor at all times.
9.12. Appropriate Attire
The Notary Signing Agent will dress for an assignment in a manner that conforms to the
business requirements of the contracting company providing the assignment.
9.13. Notification of Late Arrival
The Notary Signing Agent will notify the signer and contracting company providing the
assignment at least 30 minutes prior to the scheduled appointment time in the event that the NSA
will arrive late to the appointment due to traffic, inclement weather or any other contingency.
9.14. Identifying Credentials
The Notary Signing Agent will present a government-issued identification document
containing a photograph to identify the NSA upon meeting a signer at the appointment to sign
closing documents.
9.15. Changes to Documents
The Notary Signing Agent will immediately inform the NSA’s contracting company about
any change to a closing document that is requested by a signer, and will not alter or add a
document unless expressly authorized in writing by the lender’s representative or contracting
company; provided however, that a NSA may modify a notarial certificate on a document
requiring notarization to comply with law in the NSA’s state or jurisdiction.
9.16. Status Reporting
The Notary Signing Agent will immediately inform the NSA’s contracting company about
any development affecting the timely execution and return of the documents.
Notary Signing Agent Code of Conduct 21
9.17. Quality Assurance Review
The Notary Signing Agent will ensure that closing documents are properly completed,
signed and notarized, and that all stipulations are present, before adjourning the signing
appointment and delivering the package of closing documents for shipment to the closing
agent or lender for the transaction.
9.18. Observance of Deadlines
The Notary Signing Agent will perform each assignment in a timely manner, and timely
return all expected documents, duly executed, to the contracting company or closing agent
for the transaction according to the requirements of the lender.
Notary Signing Agent Code of Conduct 22
GUIDING PRINCIPLE 10: STANDARDS
The Notary Signing Agent will endeavor to maintain and raise standards of
practice amongst practitioners in the signing services industry.
Standards of Practice
10.1. Association with Practitioners
The Notary Signing Agent is encouraged to join and participate in national and regional
associations of Notaries Public, Notary Signing Agents and real property services
professionals.
10.2. Encouragement of Practitioners
The Notary Signing Agent will encourage signing services practitioners to aspire to the
highest standards of professional practice and enhance their professional competencies.
10.3. Dispensing Knowledge
The Notary Signing Agent will provide expertise to less experienced Agents and assist
them in their professional advancement.
10.4. Higher Standards
The Notary Signing Agent will support the development and improvement of laws,
regulations and standards of practice as will foster competence and ethical conduct among
NSAs and will benefit contracting companies and parties to the transaction.
Notary Signing Agent Code of Conduct 23
NOTARY SIGNING AGENT’S ACKNOWLEDGMENT
I have read The Notary Signing Agent Code of Conduct and agree to perform signing services
in conformance with the Standards of Practice of this Code.
Date
Notary Signing Agent’s Signature
Notary Signing Agent’s Printed Name
The Notary Signing Agent Code of Conduct
is published by the Signing Professionals Workgroup
