Creating an Effective Notary Employee PolicyBanker Resource
October 24, 2013 — 2,542 views
Many companies today employ notaries as employees. These employees are similar to other employees, in that they too are paid salary in the same way. But the major difference is that the work that is expected of them is radically different. Their work mostly consists of dealing with contracts and other legal documents.
The policies of a company towards notaries public are very different from those towards its ordinary employees. There are several fine points that must be kept in mind while designing policies towards notary employees.
A company can never ask a notary employee to perform an illegal act, whether or not it is paid for by the company. If a notary employee refuses to carry out an illegal or unethical act, the company cannot apply any pressure on him to do so.
Reimbursement of Expenses
It is the duty of the company to reimburse the expenses of the notary employee. These expenses can be for basic notary training, fees for commissions, supplies such as journals, notary handbooks, law primers, notary bond, insurance policy, travel expenses and membership of professional organizations.
The company must ensure that the notary has continuous access to reference materials, such as identification guides, handbooks, law primers and telephone counseling.
The company must ensure that official journals and seals always remain under control of the notary employee. Each notary employee must be provided with a safe and secure area where they can lock away their documents when not in use. If a notary employee engages in unethical or unprofessional behavior, he should be penalized by the company.
Responsibilities of Notary Supervisor
A notary supervisor must protect the notaries under his supervision, if they refuse to carry out an illegal demand of the company. He must prevent non notaries from advising notaries in carrying out their duties. A notary supervisor must have completed training in notary laws, rules and standards. Only then can he supervise the work of other notaries.
It is the duty of the notary supervisor to reimburse the expenses of the notary employee. These expenses can be for basic notary training, fees for commissions, supplies such as journals, notary handbooks, law primers, notary bond, insurance policy, travel expenses and membership of professional organizations.
The notary supervisor must also ensure that the notary has continuous access to reference materials, such as identification guides, handbooks, law primers and telephone counseling. A notary supervisor must maintain a list of all notary employees along with their commissions, bonds and insurance policies.
A notary supervisor must carry out a periodic assessment of the work carried out by notaries. He must ensure that the work meets the quality standards. If a notary engages in unethical or illegal practices during his work, it is the duty of the notary supervisor to take disciplinary action against him.
Responsibilities of Notary Employees
A notary employee can never waive any requirements for proper notarization. A notary employee must act as an impartial witness. At the time of notarization, the notary employee must require each signer to appear in person. A notary employee must never sign a false document. He must use the official seal for every notarization.
These were the policies to be followed by a company when dealing with notary employees. These policies are to be implemented by various stakeholders.