Notary Signing Agent Code of Conduct Introduction: TERMS

Question 1

Notary Signing Agent Code of Conduct Introduction: TERM TOPICS

Answer 1

• Purpose of the Code
• Organization of the Code
• Basis of the Code
• Statutory Requirements
• Contracting Company Expectations
• Uses and Benefits of the Code
• Revision of the Code

Question 2

Purpose of the Code

Answer 2

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 able 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 roven 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.

Question 3

Organization of the Code

Answer 3

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.

Question 4

Basis of the Code

Answer 4

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.

Question 5

Statutory Requirements

Answer 5

• 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

Question 6

Contracting Company Expectations

Answer 6

• 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

Question 7

Uses and Benefits of the Code

Answer 7

• 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.

Question 8

Revision of the Code

Answer 8

• 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