THURSDAY THINK TANK - Notary Signing Agent Code of Professional Responsibility, Guiding Principle #5 - Illegal or suspicious activity
ILLEGAL OR SUSPICIOUS ACTIVITY
What if you had knowledge of a Notary Public committing a crime? What should you do? On this week's edition of Thursday Think Tank we are going to discuss the Notary Signing Agent Code of Professional Responsibility, Guiding Principle #5: Illegal or 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.
This guiding principle not only applies to Notary Signing Agent's but applies to all Notary Publics. As we have stated several times, Notaries are trusted public officials and it is their duty and responsibility to act with integrity, professionalism, and reliability at all times.
Please see below all 14 Standards of Practice for this guiding principle. If you are a Notary Signing Agent and you are aware of illegal or suspicious activity it is your duty to notify a lawful authority as soon as you become aware that a criminal act has been committed.
ALABAMA ACT 2023-548
NOTARY MISCONDUCT
AND
DISCIPLINARY ACTION
One of the largest portions of new Notary Law, Alabama Act 2023-548 pertains to Notary Misconduct and Disciplinary Actions. The law was changed to stiffen the penalties. Below is information taken directly from the Alabama Probate Judges Association Website, Notary Training, in regards to Notary Misconduct and the penalties.
It is not worth it. Do not commit Notary fraud. Notify authorities immediately if you are aware of illegal or suspicious activity in regards to any notarization or signing assignment. We can help prevent fraud together by each of us doing our part.
If you need to report Notary Misconduct to the Alabama Secretary of State's Office, here is the link to the 'Alabama Notary Misconduct Affidavit'.
Click to download the form: Download now
A Notary’s essential duty is to authenticate identities to protect consumers from fraud. But if one of your notarizations is challenged, who protects you? If you do not have a Notary Errors and Omissions (E&O) insurance policy, you’re on your own. (Per the NNA arcticle 'Important FAQs about Notary E&O insurance').bout Notary E&O insurance
While all signing agents are notaries, not all notaries serve as signing agents. A notary's responsibilities are limited to conducting notarial acts, whereas signing agents undergo training to facilitate the presentation of loan documents to clients and assist lenders in the closing process. It's crucial to note that Notary Errors and Omissions (E&O) Insurance does not cover all losses resulting from errors during signings. For more specialized coverage, signing agents require Signing Agent Errors and Omissions (E&O) Insurance.
Notary E&O Insurance safeguards notaries in case a mistake made during notarization leads to financial losses for the client. However, it exclusively pertains to notarial acts and doesn't extend protection to signing agents when they engage in tasks like document review with clients, calculating rescission dates, or returning paperwork to the loan provider.
Signing Agent E&O Insurance is designed to bridge the gaps left by Notary E&O Insurance.
Click below to get your coverage today
