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Notary Bulletin

Notary Signing Agent Document FAQ: USA PATRIOT Act CIP Forms

Sample USA PATRIOT Act CIP Form for Notary Signing Agents

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 Signing Agents must deal with a wide variety of different documents during a loan signing, and many of them come with particular or unusual instructions. In this article, we answer frequently asked questions about the USA PATRIOT Act Customer Identification Program Form.

What is the purpose of the USA PATRIOT Act CIP Form?

Signed into law in 2001 in the wake of the 9/11 terror attacks, the U.S. PATRIOT (Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act established measures to prevent, detect and prosecute persons engaging in money laundering and terrorism. In 2003, regulations to implement Section 326 of the Act required all financial institutions to establish a Customer Identification Program (CIP) for identifying all new account holders. This requires financial institutions—including banks and other lending institutions — to have a written procedure in place to establish the identity of customers, including home loan borrowers.

Because Notary Signing Agents must already positively identify borrowers during a loan document signing to execute acknowledgments on a mortgage or deed of trust, Signing Agents are often asked to complete a USA PATRIOT Act CIP form to certify the NSA properly identified the borrower at the signing appointment. Completing this form helps financial institutions, including the nation’s mortgage lenders, to fulfill their PATRIOT ACT regulatory obligations.

Are there other terms for a USA PATRIOT Act CIP Form?

Yes. It may be included in a loan package under other names, such as “Verification of Customer Identity,” “PATRIOT Act Information Form,” or “PATRIOT Act Disclosure — Borrower Identification,” among others.

What types of loan document packages include a USA PATRIOT Act CIP Form?

These forms have been regularly included in various types of loan packages since 2003.

Does a USA PATRIOT Act CIP form require notarization?

No, it does not. But because a Notary Signing Agent is present at the loan signing involving a lender’s loan, the NSA represents the lender in obtaining the information required in the form.

What information is required to complete a typical PATRIOT Act form?

Typically the Signing Agent will be asked to complete the following information on the form:

  • The name of the borrower(s), along with other information such as the borrower’s date of birth, Social Security number or tax ID number.
  • Information about any identification documents used to verify the borrower’s identity, such as the type of ID, the ID identification number, and the date of issuance and expiration for the ID. Some forms may also ask the NSA to include the state or organization that issued the ID.
  • The Signing Agent must sign a statement (under penalty of perjury on some forms) that the Signing Agent viewed and accurately recorded the borrower’s identification information and has reasonably confirmed the borrower’s identity.

David Thun is an Associate Editor at the National Notary Association.

 

 

 

6 Comments

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Audra Odom

21 Dec 2020

thanks for the useful information...

Theodora

21 Dec 2020

Which is the preferred title used when signing the Patriot Act? Is it Notary Public, Signing Agent or Notary Signing Agent?

National Notary Association

05 Jan 2021

Hello. We recommend NOT to use the title “Notary Public” on this form. This is because when an NSA complete this form, he/she is not doing in the capacity as a Notary. As such, the title “Notary Public” should not be used, and should only be used when completing an authorized notarial act.

Ardel Richter

22 Dec 2020

Many of these forms require that the NSA add their title. Some request that the notary use 'Notary Public' as their title. What does the NNA recommend?

National Notary Association

05 Jan 2021

Hello. We recommend NOT to use the title “Notary Public” on this form. This is because when an NSA complete this form, he/she is not doing in the capacity as a Notary. As such, the title “Notary Public” should not be used, and should only be used when completing an authorized notarial act.

Dawn

23 Dec 2020

I am pleased to see this article. I questioned this form on my 1st loan signing. I had the client sign instead of me after I added their id's.

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