· web view(insert # of days after receipt of bank statement, e.g. fifteen days) of receipt of...

(Insert name of entity/agency) (Insert address)

Date: ______________

To whom it may concern:

Attached is the Best Practice Manual for (insert name of entity/agency). Last complete revision:

_________________________.

Any questions about our firm or this Best Practice Manual should be directed to:

(Insert title of position i.e. Office Manager)(Insert phone number)(Insert email address)

Note: you may need to adjust this introductory letter to comply with lender’s instructions or requests.

(Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.

(Insert name of entity/agency)Policies and Procedures

General(Small Office)

Policy (Insert name of entity/agency), (hereinafter “The Firm”) is committed to follow ALTA Best Practices.

The Firm is small and consists of (insert the number of attorneys) attorneys and (insert the number of support staff) support staff. The Firm only conducts business in Florida.

Procedures General (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements and incorporate those requirements in these procedures.)

The Firm will observe and follow all of ALTA’s Best Practices. We are in the process of developing written policies and procedures for all of the Best Practices.

Each pillar of the Best Practices will be developed separately. Each pillar will be complete by October 31, 2014. The development will follow the following schedule:

Due Date Pillar Objective05/23/14 Very basic draft of each pillar05/30/14 1 Licensing05/30/14 3 Clean Desk06/20/14 3 Mobile Devices06/27/14 6 Professional Liability Insurance07/11/14 3 Backup of Records07/25/14 7 Resolving Consumer Complaints08/01/14 3 IT Electronic Asset Disposition08/22/14 4 Settlement Process08/22/14 3 NPI09/19/14 5 Title Policy Procedures09/12/14 3 Security Information10/03/14 3 Privacy and Information Security10/17/14 2 Escrow Trust Accounts10/03/14 3 Privacy and Information Security10/31/14 3 IT Disaster Recovery Plan

This is a work in progress and dates are subject to change.

(Insert title of position i.e. Attorney or the name of the attorney) will


(Insert name of entity/agency)draft a policy and procedure which reflects The Firm’s functions including necessary forms, logs and other documents. The goal will be to have internal and automatic checks.

Contact Officer (Insert title of position i.e. Attorney or the name of the attorney, his/her signature and date)

Date Approved (Insert date approved)Date of Commencement

(Insert effective date of policy and procedure; date and how it will be announced i.e. staff meeting; and date of training)

Amendment DatesDate for Next Review

(Insert date for next review)



General

Policy (Insert name of entity/agency), (hereinafter “The Firm”) is committed to follow ALTA Best Practices.

Scope These policies and procedures are for all of The Firm’s locations including all satellite offices. These procedures are to be followed by all employees and independent contractors where applicable.

Procedures General (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements and incorporate those requirements in these procedures.)

The Firm will observe and follow all of ALTA’s Best Practices. We are in the process of developing written policies and procedures for all of the Best Practices.

Each pillar of the Best Practices will be developed separately. Each pillar will be complete by October 31, 2014. The development will follow the following schedule:

Due Date Pillar Objective

05/23/14 Very basic draft of each pillar

05/30/14 1 Licensing

05/30/14 3 Clean Desk

06/20/14 3 Mobile Devices

06/27/14 6 Professional Liability Insurance

07/11/14 3 Backup of Records

07/25/14 7 Resolving Consumer Complaints

08/01/14 3 IT Electronic Asset Disposition

08/22/14 4 Settlement Process

08/22/14 3 NPI

09/19/14 5 Title Policy Procedures

09/12/14 3 Security Information


(Insert name of entity/agency)10/03/1

4 3 Privacy and Information Security10/17/1

4 2 Escrow Trust Accounts10/03/1

4 3 Privacy and Information Security10/31/1

4 3 IT Disaster Recovery Plan

Delegation of each pillar for drafting will be complete by May 16, 2014.

This is a work in progress and dates are subject to change.

(Insert title of position i.e. Managing Partner)duties:1. Assign the pillars for development2. Review and approve each pillar

(Insert title of position i.e. Office Manager) duties:1. Follow up on the assigned pillars to maintain schedule2. Review each pillar prior to (insert title of position i.e. Managing

Partner)’s review3. Notify (insert title of position i.e. Managing Partner) if deadline needs

to be altered

(Insert title of position i.e. Employee) duties:1. Read, understand the assigned pillar2. Research the pillar requirements3. Draft a policy and procedure which reflects office functions4. Draft necessary forms5. Draft necessary logs6. Draft Employee Acknowledgement7. Ensure there are internal and automatic checks8. If the functions of the office need to be changed due to regulations, set

a meeting with the (insert title of position i.e. Managing Partner) to discuss

9. Submit draft policy and procedure to (insert title of position i.e. Office Manager) with supporting documentation and forms, logs and Employee Acknowledgment

Contact Officer (Insert title of position i.e. Managing Partner, his/her signature and date)Date Approved (Insert date approved)Date of Commencement






Licensing(Small Office)

Policy (Insert name of entity/agency), (hereinafter “The Firm”) shall maintain all mandated licenses and corporate registrations (as applicable) so that it is able to remain in good standing in Florida. The Firm is small and consists of (insert the number of attorneys) attorneys and (insert the number of support staff) support staff. The Firm only conducts business in Florida.

Procedures Licensing (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for licensing and incorporate those requirements in these procedures.)

The Firm maintains active business entity licenses in Florida (delete this sentence if you are not a business entity like and LLC or P.A. etc.). The Firm’s employees maintain active attorney, paralegal and notary licenses in Florida, as applicable, the only state in which The Firm’s employees practice and perform services.

Business licenses are maintained by (insert title of position i.e. Attorney or the name of the attorney) and updated annually. Copy of the same may be obtained from www.sunbiz.org. The website will also be reviewed for any changes in requirements.

Business LicenseName Formation date Last annual reportLaw Group, LLC 01/15/2005 01/15/2014

AttorneysAttached is a printout of the current completed continuing education courses for each attorney with The Firm from the Florida Bar website.

Each attorney receives an annual bar dues statement requiring certification of compliance with continuing education requirements. The attorney will review the Florida Bar website for their continuing education completed courses. A printout of the completed courses will be attached to this policy, annually.

Rules Reg. Fla. Bar, Rule 6-10.3, Minimum Continuing Legal Education Standards, is reviewed annually for any changes in requirements. A copy is attached.

ParalegalsAttached is a printout of the current completed continuing education courses for each Florida registered paralegal with The Firm from the Florida Bar website.


(Insert name of entity/agency)Each paralegal receives an annual dues statement requiring certification of compliance with continuing education requirements. The Florida registered paralegal will review the Florida Bar website for their continuing education completed courses. A printout of the completed courses will be attached to this policy, annually.

Rules Reg. Fla. Bar, Rule 20-6.1, Continuing Education Generally, is reviewed annually for any changes in requirements. A copy is attached.

Title AgentsTitle agents are required to complete continuing education every two years pursuant to FLA. ADMIN. CODE 69B-228.220 (2013). (Insert title of position i.e. Attorney or the name of the attorney) will review the code each year for any changes. A copy of this section is attached.

Each title agent is required to provide a printout of completed continuing education credits annually to ensure compliance. A copy of the same is attached.

Requirements:10 hours of continuing education and 3 hours of ethics every two years.

Name DFS # Due date

Credits Comp.

EthicsComp.

Lucia L123456 09/30/15 8 2

NotariesAppointments are for four years in Florida. Below is a list of notaries in the office and the expiration of their appointment as well as verification of the required bond.

FLA. STAT. § 117.01 (2013) is reviewed annually for any changes in requirements. A copy is attached.

Name Expiration date

Amount of bond

Bond

Linda 08/12/2017 $7,500 General Underwriters954-555-5557

ALTA LicenseThe Firm maintains a current license for use of ALTA’s policies. A copy of the same is attached.

(Insert title of position i.e. Attorney or the name of the attorney) duties:


(Insert name of entity/agency)3. Review the appropriate statutes, regulations and other official

documents to ensure The Firm, and all listed persons meet the current requirements for continuing licensure.

4. Review the Florida Bar, National Association of Legal Assistants (NALA), state notary, additional sources as deemed necessary and other business requirements annually.

5. Inform the underwriter of each licensed individual, and provide copies of their active licenses.

6. Notify the underwriter when a license becomes inactive.7. Maintain all records of licenses for (insert the number of years you

wish to maintain the records) calendar years.8. Keep a copy of the appropriate American Land Title Association Policy

Forms License.

Each person’s responsibility:1. Read and understand this licensing policy and procedures.2. Maintain the necessary continuing education requirements including

any necessary ethics requirements.3. Sign this policy and procedure as an acknowledgement of the

employee’s responsibilities.






Acknowledgement

Name Signature Date



Licensing

Policy (Insert name of entity/agency) shall maintain all mandated insurance licenses and corporate registrations (as applicable) so that it is able to remain in good standing in Florida and any other state in which it does business or it has a licensed attorney on staff.

Scope These policies and procedures are for all of (insert name of entity/agency) (hereafter referred to as “The Firm”) locations including all satellite offices. These procedures are to be followed by all employees and independent contractors where applicable.

Procedures Licensing

The Firm maintains active business entity licenses in Florida, the only state in which it does business. The Firm’s employees maintain active agent, attorney, paralegal and notary licenses in Florida, as applicable, the only state in which The Firm’s employees practice and perform services.

The attached tracking report includes persons who are licensed in accordance with FLA. STAT. §§ 626.841 and 626.8417 (4) (a) to act as title insurance agents, as well as attorneys, paralegals and notaries.

The tracking report is maintained by (insert title of position i.e. Office Manager) as a monitoring control and annually reviewed by (insert title of position i.e. Managing Partner) to help ensure the appropriate business professionals are licensed and licenses are renewed when necessary.

(Insert title of position i.e. Managing Partner) duties:9. Review the appropriate statutes, regulations and other official

documents to ensure The Firm, and all listed persons meet the current requirements for continuing licensure.

10. Review the Florida Bar, Department of Financial Services (DFS), National Association of Legal Assistants (NALA), state notary, additional sources as deemed necessary and other business requirements annually.

11. Print current regulations during the annual review and attach to this policy.

(Insert title of position i.e. Office Manager) duties:4. Review and update the attached tracking report monthly.5. Inform (insert title of position i.e. Managing Partner) if any listed

person is deficient in meeting their required continuing education credits for reporting period at least 60 days prior to end of reporting period.

6. Maintain copies of continuing education documentation as evidence the requirements have been met.

7. Electronically maintain all records of licenses for seven calendar (Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.

(Insert name of entity/agency)years.

8. Train employees on this policy and obtain a signed acknowledgment.9. Inform the underwriter of each licensed individual, and provide copies

of their active licenses.10. Notify the underwriter when a license becomes inactive.11. Keep a copy of the appropriate American Land Title Association

Policy Forms License.

(Insert title of position i.e. Employee) duties:10. Read, understand and attend training on the licensing policy and

procedures.11. Maintain the necessary continuing education requirements including

any necessary ethics requirements.12. Provide copies of documentation of such credits to (insert title of

position i.e. Office Manager).13. Sign an acknowledgement about the employee’s responsibilities.

Contact Officer (insert title of position i.e. Managing Partner, his/her signature and date)Date Approved (insert date approved)Date of Commencement

(insert effective date of policy and procedure; date and how it will be announced i.e. staff meeting; and date of training)


(insert date for next review)

Related References and Links

“License Monitoring Tracking Report” is kept with (insert title of position i.e. Office Manager) and (inset name of file i.e. Operation Manual and insert File Path).

Continuing education documentation for each licensee is kept with (insert title of position i.e. Office Manager). The hard copy will be organized by name and kept in the (insert location of the hard copy i.e. Operation Manual). The soft copy of the continuing education materials will be kept (insert location of the soft copy File Path).

Active licenses (agency and agent) are kept by (insert title of position i.e. Office Manager). The hard copy will be organized by name and kept (insert location of the hard copy i.e. Operation Manual). The soft copy of the continuing education materials will be kept (insert location of the soft copy File Path).

Employee acknowledgement will be organized by name and kept (insert location of the hard copy i.e. Operation Manual). The soft copy of the continuing education materials will be kept (insert location of the soft copy File Path). (Optional) Additional copies to be kept (insert department i.e. Human Resources Department and location within that department i.e. in the employee’s file).


(Insert name of entity/agency)

Employee Acknowledgement - Licensee requirements

I ___ (insert employee name) _______________, ___ (insert employee job title) ___

_______ of the (insert name of entity/agency) do hereby acknowledge that:

1. I have read the Licensing Policy and Procedures effective (insert effective date of policy and procedure).

2. I understand the Licensing Policy and Procedures effective (insert effective date of policy and procedure).

3. I had ample time and opportunity to ask questions in reference to Licensing Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Licensing Policy and Procedures effective (insert effective date of policy and procedure).

5. It is my responsibility to maintain my licence with ______ (insert which agency oversees the employee’s license (Bar, DFS, etc.))___.

6. It is my responsibility to ensure that I have completed all requirements to maintain my licenses with _____________________.

7. It is my responsibility to report all Continuing Education Credits to the (insert title of position i.e. Office Manager) when received, by delivering a copy of proof of credits.

8. It is my responsibility to notify the (insert title of position i.e. Office Manager) of any issue between me and my licensing agency within five business days. Failure to do so could result in my termination.

9. Failure to maintain my license with _______________________ could result in a change of job position or termination.

__________________________________ ________________Name of employee (for signature) Date



Trust Accounting(Small Law Firm)

Purpose (Insert name of entity/agency) (hereafter referred to as “The Firm”) shall establish internal controls to meet requirements for safeguarding client funds and to minimize the exposure to loss. The Firm currently does business only in Florida.

Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for trust accounts and incorporate those requirements in these procedures.)

Questions regarding any of The Firm’s trust accounts shall be directed to (insert title of position and the name, e.g. Gene Esposito, Attorney)

I. Trust AccountsA. Trust accounts and operating accounts are separate and are

labeled as such1. The Firm maintains five bank accounts2. Trust funds maintained under a fiduciary capacity by The Firm are

not commingled with The Firm’s, employee’s or attorney’s funds3. The Firm shall maintain funds in each trust account to cover bank

charges related to each trust account, in no event over $150.00 per account

4. Trust accounts will not have overdraft protection5. Trust accounts will not have debit cards6. Checks shall be

a. Secure “blind” checkb. Kept in a locked cabinet in (insert title of position and the

name, e.g. Gene Esposito, Attorney)’s office7. Any un-deposited funds will be kept in a locked cabinet overnight

for deposit next business day8. Cash deposits will be logged in the cash receipts and

disbursements journal9. Disbursements from trust account will only be made from collected

funds, unless the funds fall within an exception as outlined in a rule, regulation or statutea. If an exception is used, The Firm is prepared to pay the same

amount from The Firm’s operating account if the funds are not collected at the time of disbursement

10. Disbursement of The Firm’s fees shall occur at the time of settlement

11. The Firm has a dedicated standalone computer for online transactions and is configured to block all other web sites

12. Trust bank accounts (see chart below) are appropriately


(Insert name of entity/agency)designated as “trust account” ona. Original banking agreementsb. Checksc. Deposit slips andd. Bank statements

Bank Account number

Type of account

Name of account Check color

Chase 123456 Ops ABC Law Office – Operations

Yellow

Chase 123458 IOTA ABC Law Office Trust Account

Red

Chase 123459 IOTA ABC Law Office Trust Account – Incoming

N/A

Chase 123455 IOTA ABC Law Office Trust Account – Real Estate – The Fund

Green

Chase 123454 IOTA ABC Law Office Trust Account – e-recording

N/A

13. Trust accounts are with a federally insured Florida bank14. Electronic wire transfers from a trust account are limited to

a. Money required to be paid to a client or third party on behalf of a client

b. Expenses properly incurred on behalf of a clientc. Money transferred for attorney’s fees not in disputed. Money transferred from one trust account to another

15. If it is anticipated that the customer’s funds will be held for a length of time, then a separate interest bearing account will be opened for the benefit of the customer

16. All checks are signed in person, signature stamps are forbiddenB. The Firm maintains a separate real-estate related trust account

for The Fund that is available for review by The FundC. (Insert title of position and the name, e.g. Gene Esposito,

Attorney) duties1. Notify Staff Counsel at The Florida Bar, if there is no bank error

anda. Trust account is overdrawnb. Any trust check is

i. Dishonoredii. Returned due to

1) Insufficient funds2) Uncollected funds

c. Shall certify the trust account with the Florida Bar on the annual membership fee statement and if necessary, use form “FBF Form 200 (revised 6/13)”

D. Banking transactions conducted by (insert title of position, e.g. Attorney) – see specifics below – II. Transactional Procedure1. Via agreements with financial institutions, only (insert title of

position and the name, e.g. Gene Esposito, Attorney) shall make trust account transactions


(Insert name of entity/agency)2. (Insert title of position and the name, e.g. Gene Esposito,

Attorney) is designated as “‘wire transfer administrator” to set-up, make and change online banking permissions

3. All wires will have two person verification4. Former employees are immediately deleted as

a. Signatories andb. Authorized wire transfer individuals

5. Wires may only be initiated by (insert title of position and the name, e.g. Gene Esposito, Attorney) and will require a second persons verification

Persons with signatory approval*, of my transfer fundsName Ops

Acct. (yellow)

Trust Acct. (red)

Trust Acct. Incoming (no checks)

Trust Acct. Real Estate – The Fund (green)

Trust Acct. e-recording (no checks)

Gene Esposito Attorney

Yes Yes Yes Yes Yes

Kathy Johnson – paralegal

No No No Yes* No

* May only sign in an emergency and will need email approval (insert title of position and the name, e.g. Gene Esposito, Attorney)

E. Trust account reconciliations1. Each trust account (Trust Account; Trust Account – Incoming;

Trust Account – e-recording; Trust Account – Real Estate – The Fund) will be reconciled monthly using four-way reconciliation method which shall include the followinga. Book Balance (check register)b. Adjusted Bank Balance (bank statement with adjustments for

uncleared items)c. Trial Balanced. Cash receipts and disbursements journale. Reports

i. Reconciliation summary reportii. Trial balance reportiii. Outstanding deposits/wiresiv. Outstanding checks/wiresv. Bank statementsvi. Cleared items report

2. (Insert title of position and the name, e.g. Gene Esposito, Attorney) dutiesa. Standalone computer for banking purposesb. Said computer shall

i. Not have Java, Adobe or Flash programsii. Will have

1) Malware protection2) Automation updated


(Insert name of entity/agency)3) Strong authentication

c. Dailyi. Review each back account online for

1) Deposit activity2) Disbursements activity3) Errors or4) Unauthorized transactions

ii. Notify bank of any issues within 24 hours of discoveryd. Monthly

i. Each month reconcile each bank account within (insert # of days after receipt of bank statement, e.g. fifteen days) of receipt of monthly statement

ii. For each trust account use four-way reconciliation

iii. Monthly four-way reconciliations shall be completed within (insert # of days after receipt of bank statement, e.g. fifteen days)

iv. Each reconciliation shall be compared to appropriate file ledger balances

v. Any discrepancy of any amount shall be researchedvi. Each check which has not cleared should be added to

monthly report with an explanation as to why it has not cleared (e.g. check 1001 is for taxes not yet due and payable but collected at settlement)

vii. Any funds in trust which are determined to belong to customer shall be refunded within (insert an amount of time e.g. 10 business days)

viii. Create a monthly report1) Verifying three-way reconciliations2) Noting any

a) Discrepancyb) Outstanding checks with explanationsc) Any refunds to clients andd) Any balance in a matter’s subaccount

3) Any account reconciling items as mentioned above area) Followed up and addressed within (insert # of

days) daysb) Items shall not be carried over month-to-month

without written explanationix. The Fund may review reconciliations of its specific trust

account upon requeste. Annually

i. Prepare a report showing all trust account discrepancies for the year

f. Monthly reports, annual report and all reconciliations shall be retained for (insert a period of time e.g. seven years)

3. Quarterly, The Firm’s CPA willa. Review all reconciliations and bank accounts for any

discrepanciesb. Any discrepancy found will be reported to

i. (Insert title of position and the name, e.g. Gene (Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.

(Insert name of entity/agency)Esposito, Attorney) unless

ii. Issues appear to be from actions (insert title of position and the name, e.g. Gene Esposito, Attorney)

iii. Then CPA shall report to the Florida Barc. The CPA shall prepare a report for review regarding each

accountF. Follow up - Dormant file balances

1. Customer files with balances are reviewed monthly to determinea. If a refund is dueb. Why issued checks have not cleared

2. If The Firm is unable to locate owner of dormant funds it will follow procedures in Rules Reg. Fla. Bar, Rule 5-1.1 and FLA. STAT. § 717.103 (2013)

II. Transactional Procedure – File Ledger ReportsA. Individual closing procedure

1. (Insert title of position, e.g. Real Estate Assistant) duties for each closinga. Open a subaccount using the file numberb. Draft HUD-1 or other closing statement in compliance with

closing instructions received from lending institution and contract

c. Ensure there are no disbursement with further credit to third party, unless specified by the lender bank in closing instructions

d. Ensure that subaccount balances to zero after all deposits and directed withdrawals – recheck just prior to disbursement

e. Print file ledger reportf. Fill in wire transfer forms, checks and deposits in compliance

with file ledger report, HUD-1 or other closing statementg. Obtain approval of HUD-1 or other closing statement from

lending institutionsh. Give file, file ledger report, HUD-1 or other closing statement,

wire transfer forms, checks, deposits and lending institutions approvals to (insert title of position and the name, e.g. Gene Esposito, Attorney)for review and signature

i. Notify (insert title of position and the name, e.g. Gene Esposito, Attorney)if any changes are necessary

j. If there is a change, ensure that subaccount balances to zerok. Obtain approval from (insert title of position and the name,

e.g. Gene Esposito, Attorney) for disbursement of funds, if (insert title of position and the name, e.g. Gene Esposito, Attorney) cannot be reach for approval DO NOT disburse funds

l. Follow upi. Four days after closing check to see that following items

have cleared1) Payoff checks2) Recording checks and3) All deposits

ii. Ten days after closing check to see that following items


(Insert name of entity/agency)have cleared1) Government checks and2) Service providers checks

iii. Thirty days after closing check to see that disbursements greater than $1000 have cleared

iv. Forty-five days after closing ensure that all checks have cleared

v. Bring to the attention of (insert title of position and the name, e.g. Gene Esposito, Attorney) any checks or deposits which have not cleared by above stated deadlines

2. (Insert title of position and the name, e.g. Gene Esposito, Attorney) duties for each filea. Review

i. Each fileii. HUD-1 or other closing statementiii. Wire transfer formsiv. Draft checksv. Depositsvi. Payoff statementsvii. Lending institution’s closing instructionsviii. Contractix. Lending institution approval of HUD-1 or other closing

statementb. Compare HUD-1 or other closing statement and payoff

statements to ensure correct payee and correct amount oni. Checksii. Wire transfer formsiii. HUD-1 or other closing statementiv. Ensure there are no disbursements with further credit to

third party, unless specified by lender bank in closing instructions

c. Review deposit slip and initiald. Review rate sheet for title insurancee. Sign checksf. Sign wire transfer fromg. Sign and date file ledger reporth. Be available to approve disbursementi. Approve disbursement upon verification that all funds for

particular transaction are collected funds or meet an exception (see above)

3. Prepare a Positive Pay list for the bank

III. Trust account securityA. Trust account – incoming

1. This trust account is for receipt of incoming domestic wires only2. As soon as funds are deposited into this account, they will

immediately be transferred to Trust Account - Real Estate - The Fund

3. This account will not have checks4. This account is only to transfer funds to Trust Account - Real

Estate - The Fund


(Insert name of entity/agency)B. Trust account – e-recording

1. This trust account is for payment of e-recorded documents only2. At settlement, transfer funds sufficient for e-recording into this

trust account3. E-recording company will withdraw funds necessary for e-

recording4. This account will not have checks

C. Positive Pay1. Each trust account shall be set up with Positive Pay2. At 4:00 pm each day, a listing of all checks with check number,

payee and amount shall be given to the trust bank for payment3. Bank shall not pay any check that is not exactly as it appears on

the list4. Bank is to contact (insert title of position and the name, e.g.

Gene Esposito, Attorney) if a question about a check or wire should arise

5. If bank is in doubt of a check or a wire transfer and cannot obtain verification from (insert title of position and the name, e.g. Gene Esposito, Attorney) the check and/or wire transfer will not be paid

6. (Insert title of position and the name, e.g. Gene Esposito, Attorney)reviews positive pay exception report (insert when received and reviewed, e.g. daily)

7. All positive pay reports are maintained for (insert a number of years, e.g. seven) years

8. Any exceptions are documented and explainedD. ACH Blocks

1. Each trust account shall be set up with an ACH block2. All customers shall receive notice of ACH block3. There shall be no exceptions for accepting an ACH payment

E. International wire blocks1. Each trust account will be blocked from receiving international

wires2. All incoming international wires will need to be domesticated prior

to being deposited into Trust Account - IncomingF. Reporting issues with trust accounts

1. Bank shall notify (insert title of position and the name, e.g. Gene Esposito, Attorney) of any issues with any bank account

2. (Insert title of position and the name, e.g. Gene Esposito, Attorney) shall investigate the issue and respond to bank within 24 hours

G. Background checks1. Before an individual is hired, a background check (criminal and

credit) is performed by (insert vendor(s) used, e.g. ADP or www.hireright.com)

2. Every (insert how often, e.g. two) years a background check (including criminal and credit) is performed on existing employees who have access to trust account funds

H. Trust account training1. The Firm provides trust account training (insert when and

frequency) to individuals handling customer funds and conducting


http://www.hireright.com/

(Insert name of entity/agency)trust account reconciliations

2. Training is conducted by (insert vendor or role/function, e.g. CPA)

3. All training and continuing education is tracked and maintained by (insert function or role name, e.g. Real Estate Assistant)

IV. Record keepingA. (Insert title of position and the name, e.g. Gene Esposito,

Attorney) is to maintain originals or legible copies of the following including minimum listed details1. Deposit slips showing

a. Dateb. Source of funds receivedc. Client or matter for which funds were received

2. Sources of all trust funds received3. Canceled checks

a. Number consecutivelyb. Include all endorsementsc. Include tracking informationd. Identified by client or case in memo of check

4. Other documentary support for all disbursements and transfers including records of all electronic transfers from client, which includea. Name of person authorizing transferb. Name of recipientc. Confirmation of withdrawing trust account numberd. Date transfer complete

5. All records regarding all wire transfers into or out of trust account, includinga. Receiving and sending financial institution

i. ABA routing numberii. Name of each financial institutioniii. Both account holder’s

1) Name2) Address3) Account number

b. Intermediary banki. ABA routing numberii. Name of intermediary bank

c. Name of client or matter identificationd. Purpose of wire (e.g., “payment on invoice 1234” or “John Doe

closing”)6. Journal for cash receipts and disbursements including

a. Columns fori. Receiptsii. Disbursementsiii. Transfersiv. Account balance

b. Additional required informationi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)


(Insert name of entity/agency)iii. Check numbers for all disbursementsiv. Reason trust funds were received or disbursed

7. Separate file ledger for each client or matter (subaccount)a. Showing

i. Individual receiptsii. Disbursementsiii. Transfersiv. Unexpended balance

b. Includingi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)iii. Check numbers for all disbursementsiv. Reason trust funds were received or disbursed

8. All bank statements for all trust accounts

B. (Insert title of position and the name, e.g. Gene Esposito, Attorney) duties1. Supervise (insert title of position, e.g. Real Estate Assistant)2. Select random matters to review records monthly to ensure

compliance with this policy and procedure3. Investigate any issue, problem, complaint, irregularity in trust

accounts

Approving Officer

(Insert title of position, e.g. Attorney, his/her signature and date)

Contact Officer (Insert title of position and the name, e.g. Gene Esposito, Attorney)Date Approved (Insert date approved)

Date of Commencement

(Insert effective date of policy and procedure; date and how it will be announced, e.g. staff meeting; and date of training)

Amendment Dates

Date for Next Review



Policies and procedures relating to trust accounts are kept in The Firm’s Policy and Procedure book. Digital copy is kept at S:OfficePolicy/Trust account

Banking agreements and wire transfer user reports are kept with (insert title of position and the name, e.g. Gene Esposito, Attorney)

Trust Account Information is listed above and kept with (insert title of position and the name, e.g. Gene Esposito, Attorney)

Trust account regulationso FLA. STAT. § 626.8473 (2013)


(Insert name of entity/agency)o FLA. STAT. § 717.103 (2013)o Rules Reg. Fla. Bar, Rule 5-1.1o Rules reg. Fla. Bar, Rule 5-1.2

Acknowledge-ment

By signing below each person does hereby acknowledge that they

1. Have read Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure).

2. I understand Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure).

3. I had ample time and opportunity to ask questions in reference to Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure).

Name Signature DateGene Esposito – Operations Managing AttorneyKathy Johnson - Paralegal



Trust Accounting(Law Firm)

Purpose (Insert name of entity/agency) (hereafter referred to as “The Firm”) shall establish internal controls to meet requirements for safeguarding client funds and to minimize the exposure to loss. The Firm currently does business only in Florida.


Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for trust accounts and incorporate those requirements in these procedures.)

When there is a material change to these policies and procedures, there shall be

1. Announcement at staff meeting

2. At staff meeting all attorneys willa. Receive a copy of new policy and procedure andb. Sign original policy and procedure

3. Training on new procedure

Questions regarding any of The Firms trust accounts shall be directed to (insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney

V. Trust AccountsA. Trust accounts and operating accounts are separate and are

labeled as such1. The Firm maintains six bank accounts2. Trust funds maintained under a fiduciary capacity by The Firm are

not commingled with The Firm’s, employee’s or manager’s funds3. The Firm shall maintain funds in each trust account to cover bank

charges related to each trust account, in no event over $150.00 per account

4. Trust accounts will not have overdraft protection5. Trust accounts will not have debit cards6. Checks shall be

a. Secure “blind” checkb. Kept in a locked cabinet with supervisor access only

7. Any un-deposited funds will be kept in a locked cabinet overnight for deposit next business day


(Insert name of entity/agency)8. Cash deposits will be logged in the cash receipts and disbursements

journal

9. Disbursements from trust account will only be made from collected funds, unless the funds fall within an exception as outlined in a rule, regulation or statutea. If an exception is used, The Firm is prepared to pay the same

amount from The Firm’s operating account if the funds are not collected at the time of disbursement

10. Disbursement of The Firm’s fees shall occur at the time of settlement11. The Firm has a dedicated standalone computer for online

transactions and is configured to block all other web sites12. Trust bank accounts (see chart below) are appropriately designated

as “trust account” ona. Original banking agreementsb. Checksc. Deposit slips andd. Bank statements

Bank Account number

Type of account


B of A 123456 Ops ABC Law Office – Operations

Yellow

Citizens 123457 Payroll ABC Law Office – Payroll PurpleWells Fargo

123458 IOTA ABC Law Office Trust Account

Red

Wells Fargo

123459 IOTA ABC Law Office Trust Account – Incoming

N/A

Wells Fargo

123455 IOTA ABC Law Office Trust Account – Real Estate – The Fund

Green

Wells Fargo

123454 IOTA ABC Law Office Trust Account – e-recording

N/A

13. Trust accounts are with a federally insured Florida bank14. Electronic wire transfers from a trust account are limited to

a. Money required to be paid to a client or third party on behalf of a client

b. Expenses properly incurred on behalf of a clientc. Money transferred for attorney’s fees not in disputed. Money transferred from one trust account to another

15. If it is anticipated that the customer’s funds will be held for a length of time, then a separate interest bearing account will be opened for the benefit of the customer

16. All checks are signed in person, signature stamps are forbiddenB. The Firm maintains a separate real-estate related trust account for

The Fund that is available for review by The Fund


(Insert name of entity/agency)C. (Insert title of position, e.g. Operations Managing Attorney) duties

1. Notify Staff Counsel at The Florida Bar, if there is no bank error anda. Trust account is overdrawnb. Any trust check is

i. Dishonoredii. Returned due to

1) Insufficient funds2) Uncollected funds

c. Shall certify the trust account with the Florida Bar on the annual membership fee statement and if necessary, use form “FBF Form 200 (revised 6/13)”

D. Banking transactions conducted by authorized employees – see specifics below – II. Transactional Procedure1. Via agreements with financial institutions, The Firm management

authorizes employees for trust account transactions2. Individual(s) designated as “‘wire transfer administrator” to set-up

and change online banking permissions has been authorized by The Firm’s management

3. Wire transfer initiation and approval levels area. Set by The Firm’s management andb. Reviewed for changes in staff routinely, but not less than

annuallyc. All wires will have two person verification

4. Former employees are immediately deleted asa. Signatories andb. Authorized wire transfer individuals

5. Authorized check signers and wire individuals do not maintain trust accounting records or perform trust account reconciliations

6. Wires may only be initiated by persons with signatory approval as stated below and will require a second person’s verification

7. A list of authorized individuals is maintained in chart below

Persons with signatory approval*, of my transfer fundsName Ops

Acct. (yellow)

Payroll Acct. (purple)

Trust Acct. (red)

Trust Acct. Incoming (no checks)

Trust Acct. Real Estate – The Fund (green)

Trust Acct. e-recording (no checks)

Chris Keefer – Managing Partner

Yes Yes Yes Yes Yes Yes

Gene Esposito - Operations Managing Attorney

No No No No No No

Rob Jones – Supervising Attorney

No No Yes Yes Yes Yes


(Insert name of entity/agency)Sara Springs – Supervising Attorney

No No No Yes Yes Yes

Jody Lau – paralegal

No No No Yes** Yes** Yes**

Kathy Johnson – paralegal


* Any check from operations or payroll account over $5,000 will require two signatures; any check from a trust account over $10,000 will require two signatures, one of which must be a (Insert title of position Supervising Attorney or the Managing Partner); all wires will require two verifications

**May only sign in an emergency and will need email approval from (insert title of position, e.g. Managing Partner)

E. Trust account reconciliations1. Each trust account (Trust Account; Trust Account – Incoming; Trust

Account – e-recording; Trust Account – Real Estate – The Fund) will be reconciled monthly using four-way reconciliation method which shall include the followinga. Book Balance (check register)b. Adjusted Bank Balance (bank statement with adjustments for

uncleared items)c. Trial Balanced. Case receipts and disbursements journale. Reports


2. Monthly reconciliation cannot be performed by (insert title of position and name, e.g. Sara Springs or Rob Jones, Supervising Attorney) or person who authorized disbursements

3. (Insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney) dutiesa. Standalone computer for banking purposesb. Said computer shall


1) Malware protection2) Automation updated3) Strong authentication

c. Permission for (insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney)i. Shall be limited to review onlyii. All transactions shall be blocked

d. Daily


(Insert name of entity/agency)i. Review each back account online for


ii. Notify bank of any issues within 24 hours of discoveryiii. Ensure Positive Pay information has been given to the bank

(see Positive Pay procedures below) by (insert title of position, e.g. Managing Partner)

e. Monthlyi. Each month reconcile each bank account within (insert # of

days after receipt of bank statement, e.g. fifteen days) of receipt of monthly statement

ii. For each trust account use four-way reconciliationiii. Monthly four-way reconciliations shall be completed within

(insert # of days after receipt of bank statement, e.g. fifteen days)

iv. Each reconciliation shall be compared to appropriate file ledger balances

v. Any discrepancy of any amount shall be researchedvi. Each check which has not cleared should be added to


vii. Any funds in trust which are determined to belong to customer shall be refunded within (insert an amount of time, e.g. 10 business days)



3) Any account reconciling items as mentioned above area) Followed up and addressed within (insert # of days)

daysb) Items shall not be carried over month-to-month

i) Without special approval from (insert position, e.g. Managing Partner)

ii) Said approval shall be in writing and included with monthly report

ix. The Fund may review reconciliations of its specific trust account upon request

f. Annuallyi. Prepare a report showing all trust account discrepancies for

the yearg. Monthly reports, annual report and all reconciliations shall be

retained for (insert a period of time, e.g. seven years)4. Annually The Firm’s CPA will

a. Review all reconciliations and bank accounts for any


(Insert name of entity/agency)discrepancies

b. Any discrepancy found will be reported toi. (Insert title of position, e.g. Managing Partner) unlessii. Issues appear to be from actions of (insert title of position,

e.g. Managing Partner)iii. Then CPA shall report to (insert title of position, e.g.

Operations Managing Attorney)c. The CPA shall prepare a report for review of all partners

regarding each accountF. Follow up - Dormant file balances

1. Customer files with balances are reviewed monthly to determinea. If a refund is dueb. Why issued checks have not cleared

2. (Insert title of position and the name, e.g. Chris Keefer, Managing Partner)’s approval is required for any disbursement from an escrow which has had no activity for prior six months

3. Approval will be given in writing and a copy of the same shall be retained for (insert a period of time, e.g. seven years)

4. If The Firm is unable to locate owner of dormant funds it will follow procedures in Rules Reg. Fla. Bar, Rule 5-1.1 and FLA. STAT. § 717.103 (2013)

VI. Transactional Procedure – File Ledger ReportsA. Individual closing procedure

1. (Insert title of position, e.g. Real Estate Assistant) duties for each closinga. Open a subaccount using the assigned number (see below)b. Draft HUD-1 or other closing statement in compliance with

closing instructions received from lending institution and contractc. Ensure there are no disbursement with further credit to third

party, unless specified by the lender bank in closing instructionsd. Ensure that subaccount balances to zero after all deposits and

directed withdraws – recheck just prior to disbursemente. Print file ledger reportf. Fill in wire transfer forms, checks and deposits in compliance

with file ledger report, HUD-1 or other closing statementg. Obtain approval of HUD-1 or other closing statement from


wire transfer forms, checks, deposits and lending institutions approvals to (insert title of position, e.g. Supervising Attorney) for review and signature

i. Notify (insert title of position, e.g. Supervising Attorney) if any changes are necessary

j. If there is a change, ensure that subaccount balances to zerok. Obtain approval from (insert title of position, e.g. Supervising

Attorney) for disbursement of funds, if (insert title of position, e.g. Supervising Attorney) cannot be reached for approval DO NOT disburse funds, contact (insert title of position, e.g. Managing Partner) for further instructions or approval

l. Follow up


(Insert name of entity/agency)i. Four days after closing check to see that following items


ii. Ten days after closing check to see that following items have cleared1) Government checks and2) Service providers checks



v. Bring to the attention of (insert title of position and name, e.g. Sara Springs or Rob Jones, Supervising Attorney) any checks or deposits which have not cleared by above stated deadlines

2. (Insert title of position and name, e.g. Sara Springs or Rob Jones, Supervising Attorney) duties for each filea. Review



statements to ensure correct payee and correct amount oni. Checksii. Wire transfer formsiii. HUD-1 or other closing statementiv. Ensure there are no disbursements with further credit to third

party, unless specified by lender bank in closing instructionsc. Review deposit slip and initiald. Review rate sheet for title insurancee. Sign checksf. Sign wire transfer fromg. Sign and date file ledger reporth. Be available to approve disbursement, if unable to be available

notify (insert title of position, e.g. Managing Partner) for a substitute and notify (insert title of position, e.g. Real Estate Assistant) of the same

i. Approve disbursement upon verification that all funds for particular transaction are collected funds or meet an exception (see above)

3. Prepare a Positive Pay list for (insert title of position, e.g. Managing Partner)



VII. Trust account securityA. Trust account – incoming

1. This trust account is for receipt of incoming domestic wires only2. As soon as funds are deposited into this account, they will

immediately be transferred to Trust Account - Real Estate - The Fund

3. This account will not have checks4. This account is only to transfer funds to Trust Account - Real Estate

- The FundB. Trust account – e-recording

1. This trust account is for payment of e-recorded documents only2. At settlement, transfer funds sufficient for e-recording into this trust

account3. E-recording company will withdraw funds necessary for e-recording4. This account will not have checks

C. Positive Pay1. Each trust account shall be set up with Positive Pay2. At 4:00 pm each day, a listing of all checks with check number,

payee and amount shall be given to the trust bank for payment3. Bank shall not pay any check that is not exactly as it appears on the

list4. Bank is to contact (insert title of position and the name, e.g.

Chris Keefer, Managing Partner) if a question about a check or wire should arise

5. If bank is in doubt of a check or a wire transfer and cannot obtain verification from (insert title of position and the name, e.g. Chris Keefer, Managing Partner) the check and/or wire transfer will not be paid

6. (Insert title of position and the name, e.g. Chris Keefer, Managing Partner) reviews positive pay exception report (insert when received and reviewed, e.g. daily)



1. Each trust account shall be set up with an ACH block2. All customers shall receive notice of ACH block3. There shall be no exceptions for accepting an ACH payment

E. International wire blocks1. Each trust account will be blocked from receiving international wires2. All incoming international wires will need to be domesticated prior to

being deposited into Trust Account - IncomingF. Reporting issues with trust accounts

1. Bank shall notify (insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney) of any issues with any bank account

2. (Insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney) shall investigate the issue and respond to bank within 24 hours


(Insert name of entity/agency)3. Any attorney with The Firm who notices an issue with any of The

Firm’s accounts shall notify (insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney)

4. It is every attorney’s responsibility toa. First notify (insert title of position, e.g. Managing Partner)

and (insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney)of trust account impropriety

b. If trust account impropriety is not corrected in a reasonable time, then it is the responsibility of each attorney to report such impropriety to Staff Counsel at The Florida Bar in compliance with Rule 4-8.3 as well as The Fund, the underwriter



2. Every (insert how often, e.g. one) years a background check (including criminal and credit) is performed on existing employees who have access to trust account funds

H. Trust account training1. The Firm provides trust account training (insert when and

frequency) to individuals handling customer funds and conducting trust account reconciliations

2. Training is conducted by (insert vendor or role/function, e.g. CPA)3. All training and continuing education is tracked and maintained by

(insert function or role name, e.g. Office Manager)

VIII. Record keepingA. (Insert title of position and the name, e.g. Gene Esposito,

Operations Managing Attorney) is to maintain originals or legible copies of the following including minimum listed details1. Deposit slips showing


2. Sources of all trust funds received3. Canceled checks


4. Other documentary support for all disbursements and transfers including records of all electronic transfers from client, which includea. Name of person authorizing transferb. Name of recipientc. Confirmation of withdrawing trust account numberd. Date transfer complete

5. All records regarding all wire transfers into or out of trust account, includinga. Receiving and sending financial institution



(Insert name of entity/agency)i. ABA routing numberii. Name of each financial institutioniii. Both account holder’s






b. Additional required informationi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)iii. Check numbers for all disbursementsiv. Reason trust funds were received or disbursed



b. Includingi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)iii. Check numbers for all disbursementsiv. Reason trust funds were received or disbursed

8. All bank statements for all trust accounts9. To aid in individual accounting of each matter, (insert title of

position and the name, e.g. Gene Esposito, Operations Managing Attorney) shall assign a subaccount number for each matter which shall be reconciled prior to any disbursement

B. (Insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney) duties1. Supervise (insert title of position, e.g. Real Estate Assistant)2. Select random matters to review records monthly to ensure

compliance with this policy and procedure3. Investigate any issue, problem, complaint, irregularity in trust

accounts4. Report findings to (insert title of position, e.g. Managing Partner)

monthly

Approving Officer

(Insert title of position, e.g. Managing Partner, his/her signature and date)


(Insert name of entity/agency)Contact Officer

(Insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney)

Date Approved (Insert date approved)



Amendment Dates




Policies and procedures relating to trust accounts are kept in The Firm’s Policy and Procedure book. Digital copy is kept at S:OfficePolicy/Trust account

Banking agreements and wire transfer user reports are kept with (insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney)

Trust Account Information is listed above and kept with (insert title of position and the name, e.g. Gene Esposito, Operations Managing Attorney).

Trust account regulationso FLA. STAT. § 626.8473 (2013)o FLA. STAT. § 717.103 (2013)o Rules Reg. Fla. Bar, Rule 5-1.1o Rules reg. Fla. Bar, Rule 5-1.2

Acknowledge-ment


5. Have read Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure).

6. I understand Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure).

7. I had ample time and opportunity to ask questions in reference to Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

8. I have completed training on Trust Accounting Policy and Procedures effective (insert effective date of policy and procedure).

Name Signature DateChris Keefer – Managing PartnerGene Esposito – Operations Managing AttorneyRob Jones – Supervising AttorneySara Springs –


(Insert name of entity/agency)Supervising AttorneyAndrea White – AssociateJon Doe – AssociateJane Smith – AssociateBradley Keefer – AssociateStuart Braxton - AssociateJody Lau – paralegalKathy Johnson - paralegal



Escrow Accounting(Small Title Agency)

Purpose (Insert name of entity/agency) (hereafter referred to as “The Agency”) shall establish internal controls to meet requirements for safeguarding client funds and to minimize the exposure to loss. The Agency currently does business only in Florida.

Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for escrow accounts and incorporate those requirements in these procedures.)


1. Announcement at a staff meeting2. At staff meeting everyone will

a. Receive a copy of new policy and procedure andb. Sign original policy


Questions regarding any of The Agency’s escrow accounts shall be directed to (Insert title of position and the name, e.g. Gene Esposito, Manager)

I. Escrow AccountsA. Escrow accounts and operating accounts are separate and are

labeled as such1. The Agency maintains five bank accounts2. Escrow funds maintained under a fiduciary capacity by The Agency

are not commingled with The Agency’s, employee’s or manager’s funds

3. The Agency shall maintain funds in each escrow account to cover bank charges related to each escrow account, in no event over $150.00 per account

4. Escrow accounts will not have overdraft protection5. Escrow accounts will not have debit cards6. Checks shall be


7. Any un-deposited funds will be kept in a locked cabinet overnight for deposit next business day

8. Disbursements from escrow account will only be made from collected funds, unless the funds fall within an exception as outlined in a rule, regulation or statute


(Insert name of entity/agency)9. Disbursement of The Agency’s fees shall occur at the time of

settlement10. The Agency has a dedicated standalone computer for online

transactions and is configured to block all other web sites11. Escrow bank accounts are appropriately designated as “escrow

account” ona. Original banking agreementsb. Checksc. Deposit slips andd. Bank statements

Bank Account number

Type of account


B of A 123456 Ops ABC Title Agent – Operations

Yellow

Citizens 123457 Payroll ABC Title Agent – Payroll PurpleWells Fargo

123459 Escrow ABC Title Agent Escrow Account – Incoming

N/A

Wells Fargo

123455 Escrow ABC Title Agent Escrow Account – Real Estate

Green

Wells Fargo

123454 Escrow ABC Law Office Trust Account – e-recording

N/A

12. Escrow accounts are with a federally insured Florida bank13. All checks are signed in person, signature stamps are forbidden

B. Banking transactions conducted by authorized employees1. Via agreements with financial institutions, The Agency management

authorizes employees for escrow account transactions2. Individual(s) designated as “wire transfer administrator” to set-up

and change online banking permissions has been authorized by The Agency’s management

3. Wire transfer initiation and approval levels area. Set by The Agency’s management andb. Reviewed for changes in staff routinely, but not less than



5. Authorized check signers and wire individuals do not maintain escrow accounting records or perform escrow account reconciliations

6. Wires may only be initiated by persons with signatory approval as stated below and will required a second person verification


Persons with signatory approval*, of my transfer funds:Name Ops.

Acct. Payroll Acct.

Escrow Acct.

Escrow Acct.

Escrow Acct.

Escrow Acct. e-


(Insert name of entity/agency)(yellow) (purple) (red) Incomin

g (no checks)

Real Estate – The Fund (green)

recording (no checks)

Chris Keefer – Owner


Gene Esposito – Manager

No No No No No No

Jody Lau – Closer


Kathy Johnson - Closer


* Any check or wire from operations or payroll account over $5,000 will require two signatures; any check from an escrow account over $10,000 will require two signatures, one of which must be a (insert title of position, e.g. Owner); all wires will require two verifications

**May only sign in an emergency and will need email approval from (insert title of position, e.g. Owner)

C. Escrow account reconciliations1. Each escrow account (Escrow Account – Incoming; Escrow Account

– e-recording; Escrow Account – Real Estate – The Fund) will be reconciled monthly using three-way reconciliation method which shall include the followinga. Book Balance (check register)b. Adjusted Bank Balance (bank statement with adjustments for

uncleared items)c. Trial Balanced. Reports


2. Monthly reconciliation cannot be performed by (insert title of position and name, e.g. Chris Keefer, Owner; Kathy Johnson, Closer; Jody Lau, Closer) or person who authorized disbursements

3. (Insert title of position and the name, e.g. Gene Esposito, Manager) dutiesa. Standalone computer for banking purposesb. Said computer shall



c. Permission for (insert title of position and the name, e.g.


(Insert name of entity/agency)Gene Esposito, Manager)i. Shall be limited to review onlyii. All transactions shall be blocked

d. Dailyi. Review each back account online for



(see Positive Pay procedures below) by (insert title of position, e.g. Owner)


days after receipt of bank statement, e.g. fifteen days) of receipt of the statement

ii. For each escrow account use three-way reconciliationiii. Monthly three-way reconciliations shall be completed within

(insert # of days after receipt of bank statement, e.g. fifteen days) days

iv. Each reconciliation shall be compared to file ledger balancesv. Any discrepancy of any amount shall be researchedvi. Each check which has not cleared should be added to


vii. Any funds in escrow which are determined to belong to customer shall be refunded within (insert an amount of time, e.g. 10 business days)





i) Without special approval from (insert position, e.g. Owner)

ii) Said approval shall be in writing and included with monthly report

ix. The Fund may review reconciliations upon request

f. Annuallyi. Prepare a report showing all escrow account discrepancies

for the yearg. Monthly reports, annual report and all reconciliations shall be


(Insert name of entity/agency)retained for (insert a period of time, e.g. seven years)

4. Annually The Agency’s CPA willa. Review all reconciliations and bank accounts for any

discrepanciesb. Any discrepancy found will be reported to

i. (Insert title of position, e.g. Owner) unlessii. Issues appear to be from actions of (insert title of position,

e.g. Owner)iii. Then CPA shall report to (insert title of position, e.g.

Manager)c. The CPA shall prepare a report for review of management

regarding each account5. Monthly escrow reconciliation will be provided to Florida Department

of Financial ServicesD. Follow up

1. Dormant file balancesa. Customer files with balances are reviewed monthly to determine

i. If a refund is dueii. Why issues check have not cleared

b. (Insert title of position and the name, e.g. Chris Keefer, Owner)’s approval is required for any disbursement from an escrow which has had no activity for prior six months

c. Approval will be given in writing and a copy of the same shall be retained for (insert a period of time, e.g. seven years)

d. If The Agency is unable to locate owner of dormant funds it will follow procedures pursuant FLA. STAT. § 717.103


1. (Insert title of position, e.g. Closer) duties for each closinga. Open a subaccount using the file numberb. Draft HUD-1 or other closing statement in compliance with

closing instructions received from lending institution and contractc. Ensure there are no disbursement with further credit to third



with trial balance report, HUD-1 or other closing statementg. Obtain approval of HUD-1 or other closing statement from


wire transfer forms, checks, deposits and lending institution to (insert title of position, e.g. Owner) for review and signature

i. Notify (insert title of position, e.g. Owner) if any changes are necessary

j. If there is a change, ensure that subaccount balances to zerok. Obtain approval from (insert title of position, e.g. Owner) for

disbursement of funds, if (insert title of position, e.g. Owner) cannot be reach for approval DO NOT disburse funds, contact


(Insert name of entity/agency)(insert title of position, e.g. Owner) for further instructions or approval



ii. Ten days after closing check to see that following items have cleared1) Government checks and2) Service providers checks


iv. Forty-five days after closing endure that all check have cleared

v. Bring to the attention of (insert title of position and , e.g. Chris Keefer, Owner) any checks or deposits which have not cleared by above stated deadlines

2. (Insert title of position and name, e.g. Chris Keefer, Owner) duties for each filea. Review



statements to ensure correct payee and amount is listed oni. Checksii. Wire transfer formsiii. HUD-1 or other closing statementiv. Ensure there are no disbursement with further credit to third

party, unless specified by lender bank in closing instructionsc. Review deposit slip and initiald. Review rate sheet for title insurancee. Sign checksf. Sign wire transfer fromg. Sign and date file ledger reporth. Be available to approve disbursement, if unable to be available

notify (insert title of position, e.g. Owner) for a substitute and notify (insert title of position, e.g. Closer) of the same

i. Approve disbursement upon verification that all funds for particular transaction are collected funds, or meet an exception

3. Prepare a Positive Pay list for (insert title of position, e.g. Owner)


(Insert name of entity/agency)III. Escrow account security:

A. Escrow account – incoming1. This escrow account is for receipt of incoming domestic wires only2. As soon as funds are deposited into this account, they will

immediately be transferred to Escrow Account - Real Estate3. This account will not have checks4. This account is only to transfer funds to Escrow Account - Real

EstateB. Trust account – e-recording



C. Positive Pay1. Each escrow account shall be set up with Positive Pay2. At 4:00 pm each day, a listing of all checks with check number,

payee and amount shall be given to the escrow bank for payment3. Bank shall not pay any check that is not exactly as it appears on the


Chris Keefer, Owner) if a question about a check or wire should arise

5. If bank is in doubt of a check or a wire transfer and cannot obtain verification from (insert title of position and the name, e.g. Chris Keefer, Owner) the check and/or wire transfer will not be paid

6. (Insert title of position and the name, e.g. Chris Keefer, Owner) reviews positive pay exception report (insert when received and reviewed, e.g. daily)



1. Each escrow account shall be set up with an ACH block2. All customers shall receive notice of ACH block3. There shall be no exceptions for accepting an ACH payment

E. International wire blocks1. Each escrow account will be blocked from receiving international

wires2. All incoming international wire will need to be domesticated prior to

being deposited into any escrow accountF. Reporting issues with escrow accounts

1. Bank shall notify (insert title of position and the name, e.g. Gene Esposito, Manager) of any issues with any bank account

2. (Insert title of position and the name, e.g. Gene Esposito, Manager) shall investigate the issue and respond to bank within 24 hours

3. Any employee with The Agency who notices an issue with any of The Agency’s accounts shall notify (insert title of position and the name, e.g. Gene Esposito, Manager)

G. Background checks


(Insert name of entity/agency)1. Before an individual is hired, a background check (criminal and


2. Every (insert how often, e.g. one) years a background check (including criminal and credit) is performed on existing employees who have access to escrow account funds

H. Escrow account training1. The Agency provides escrow account training (insert when and

frequency) to individuals handling customer funds and conducting escrow account reconciliations


(insert function or role name, e.g. Manager)

IV. Record keepingA. (Insert title of position and the name, e.g. Gene Esposito, Manager)

is to maintain originals or legible copies of the following including minimum listed details1. Deposit slips showing


2. Sources of all escrow funds received3. Canceled checks


4. Other documentary support for all disbursements and transfers including records of all electronic transfers from client, which includea. Name of person authorizing transferb. Name of recipientc. Confirmation of withdrawing escrow account numberd. Date transfer complete

5. All records regarding all wire transfers into or out of escrow account, includinga. Receiving and sending financial institution

i. ABA routing numberii. Name of each financial institutioniii. Both account holder’s





a. Columns for



(Insert name of entity/agency)i. Receiptsii. Disbursementsiii. Transfersiv. Account balance

b. Additional required informationi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)iii. Check numbers for all disbursementsiv. Reason escrow funds were received or disbursed



b. Includingi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)iii. Check numbers for all disbursementsiv. Reason escrow funds were received or disbursed

8. All bank statements for all escrow accounts9. To aid in the individual accounting of each matter, (insert title of

position and the name, e.g. Gene Esposito, Manager) shall set up a separate subaccount for each matter which shall be reconciled prior to any disbursement

B. (Insert title of position and the name, e.g. Gene Esposito, Manager) duties1. Supervise (insert title of position, e.g. Closer)2. Select random matters to review records monthly to ensure

compliance with this policy and procedure3. Investigate any issue, problem, complaint, irregularity in escrow

accounts4. Report findings to (insert title of position, e.g. Owner) monthly

Approving Officer

(Insert title of position, e.g. Owner, his/her signature and date)

Contact Officer

(Insert title of position and the name, e.g. Gene Esposito, Manager)




Amendment Dates


(Insert name of entity/agency)Date for Next Review



Policies and procedures relating to escrow accounts are kept in The Agency’s Policy and Procedure book. Digital copy is kept at S:OfficePolicy/escrow account

Banking agreements and wire transfer user reports are kept with (insert title of position and the name, e.g. Gene Esposito, Manager)

Escrow Account Information is listed above and kept with (insert title of position and the name, e.g. Gene Esposito, Manager).

Escrow account regulationso FLA. STAT. § 626.8473 (2013)o FLA. STAT. § 717.103 (2013)o FLA. ADMIN. CODE 69O-186.008 (2013)o FLA. ADMIN. CODE 69O-186.009 (2013)

Acknowledge-ment

By signing below each person does hereby acknowledge that they:

1. Have read Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure).

2. I understand Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure).

3. I had ample time and opportunity to ask questions in reference to Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure).

Name Signature DateChris Keefer – OwnerGene Esposito –ManagerJody Lau – CloserKathy Johnson - Closer



Escrow Accounting(Title Agency)

Purpose (Insert name of entity/agency) (hereafter referred to as “The Agency”) shall establish internal controls to meet requirements for safeguarding client funds and to minimize the exposure to loss. The Agency currently does business only in Florida.

Scope These policies and procedures are for all of The Agency’s locations including all satellite offices. These procedures are to be followed by all employees and independent contractors where applicable.

Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for escrow accounts and incorporate those requirements in these procedures.)


1. Announcement at a staff meeting2. At staff meeting everyone will

a. Receive a copy of new policy and procedure andb. Sign original policy


Questions regarding any of The Agency’s escrow accounts shall be directed to (Insert title of position and the name, e.g. Gene Esposito, Operations Manager)

I. Escrow AccountsA. Escrow accounts and operating accounts are separate and are

labeled as such1. The Agency maintains five bank accounts2. Escrow funds maintained under a fiduciary capacity by The Agency

are not commingled with The Agency’s, employee’s or manager’s funds

3. The Agency shall maintain funds in each escrow account to cover bank charges related to each escrow account, in no event over $150.00 per account

4. Escrow accounts will not have overdraft protection5. Escrow accounts will not have debit cards6. Checks shall be



(Insert name of entity/agency)7. Any un-deposited funds will be kept in a locked cabinet overnight for

deposit next business day8. Disbursements from escrow account will only be made from

collected funds, unless the funds fall within an exception as outlined in a rule, regulation or statute

9. Disbursement of The Agency’s fees shall occur at the time of settlement

10. The Agency has a dedicated standalone computer for online transactions and is configured to block all other web sites

11. Escrow bank accounts are appropriately designated as “escrow account” ona. Original banking agreementsb. Checksc. Deposit slips andd. Bank statements

Bank Account number

Type of account


B of A 123456 Ops ABC Title Agent – Operations

Yellow

Citizens 123457 Payroll ABC Title Agent – Payroll PurpleWells Fargo

123459 Escrow ABC Title Agent Escrow Account – Incoming

N/A

Wells Fargo

123455 Escrow ABC Title Agent Escrow Account – Real Estate

Green

Wells Fargo

123454 Escrow ABC Law Office Trust Account – e-recording

N/A

12. Escrow accounts are with a federally insured Florida bank13. All checks are signed in person, signature stamps are forbidden

B. Banking transactions conducted by authorized employees1. Via agreements with financial institutions, The Agency management

authorizes employees for escrow account transactions2. Individual(s) designated as “wire transfer administrator” to set-up

and change online banking permissions has been authorized by The Agency’s management

3. Wire transfer initiation and approval levels area. Set by The Agency’s management andb. Reviewed for changes in staff routinely, but not less than



5. Authorized check signers and wire individuals do not maintain escrow accounting records or perform escrow account reconciliations

6. Wires may only be initiated by persons with signatory approval as stated below and will require a second person verification



(Insert name of entity/agency)Persons with signatory approval*, of my transfer funds:Name Ops.

Acct. (yellow)

Payroll Acct. (purple)

Escrow Acct. (red)

Escrow Acct. Incoming (no checks)

Escrow Acct. Real Estate – The Fund (green)

Escrow Acct. e-recording (no checks)

Chris Keefer – CEO


Gene Esposito – Ops Mgr.

No No No No No No

Rob Jones – Supervisor

No No Yes Yes Yes Yes

Sara Springs – Supervisor

No No No Yes Yes Yes

Jody Lau – Closer


Kathy Johnson - Closer


* Any check or wire from operations or payroll account over $5,000 will require two signatures; any check from an escrow account over $10,000 will require two signatures, one of which must be a (insert title of position, e.g. Supervisor or CEO); all wires will require two verifications

**May only sign in an emergency and will need email approval from (insert title of position, e.g. CEO)

C. Escrow account reconciliations1. Each escrow account (Escrow Account – Incoming; Escrow Account

– e-recording; Escrow Account – Real Estate – The Fund) will be reconciled monthly using three-way reconciliation method which shall include the followinga. Book Balance (check register)b. Adjusted Bank Balance (bank statement with adjustments for

uncleared items)c. Trial Balanced. Reports


2. Monthly reconciliation cannot be performed by (insert title of position and name, e.g. Sara Springs or Rob Jones, Supervisor) or person who authorized disbursements

3. (Insert title of position and name e.g. Gene Esposito, Operations Manager) dutiesa. Standalone computer for banking purposes


(Insert name of entity/agency)b. Said computer shall



c. Permission for (insert title of position and the name, e.g. Gene Esposito, Operations Manager)i. Shall be limited to review onlyii. All transactions shall be blocked

d. Dailyi. Review each back account online for



(see Positive Pay procedures below) by (insert title of position e.g. CEO)


days after receipt of bank statement, e.g. 15 days) of receipt of the statement

ii. For each escrow account use three-way reconciliationiii. Monthly three-way reconciliations shall be completed within

(insert # of days after receipt of bank statement, e.g. 15 days) days

iv. Each reconciliation shall be compared to file ledger balancesv. Any discrepancy of any amount shall be researchedvi. Each check which has not cleared should be added to


vii. Any funds in escrow which are determined to belong to customer shall be refunded within (insert an amount of time, e.g. 10 business days)





i) Without special approval from (insert position, e.g. CEO)

ii) Said approval shall be in writing and included with


(Insert name of entity/agency)monthly report

ix. The Fund may review reconciliations of its specific escrow account upon request

f. Annuallyi. Prepare a report showing all escrow account discrepancies

for the yearg. Monthly reports, annual report and all reconciliations shall be

retained for (insert a period of time, e.g. seven years)4. Annually The Agency’s CPA will

a. Review all reconciliations and bank accounts for any discrepancies

b. Any discrepancy found will be reported toi. (Insert title of position, e.g. CEO) unlessii. Issues appear to be from actions of (insert title of position,

e.g. CEO)iii. Then CPA shall report to (insert title of position, e.g.

Operations Manager)c. CPA shall prepare a report for review of management regarding

each account5. Monthly escrow reconciliation will be provided to Florida Department

of Financial ServicesD. Follow up

1. Dormant file balancesa. Customer files with balances are reviewed monthly to determine

i. If a refund is dueii. Why issued checks have not cleared

b. (Insert title of position and the name, e.g. Chris Keefer, CEO)’s approval is required for any disbursement from an escrow which has had no activity for prior six months

c. Approval will be given in writing and a copy of the same shall be retained for (insert a period of time, e.g. seven years)

d. If The Agency is unable to locate owner of dormant funds it will follow procedures pursuant to FLA. STAT. § 717.103


1. (Insert title of position, e.g. Closer) duties for each closinga. Open a subaccount using the assigned number (see below)b. Draft HUD-1 or other closing statement in compliance with

closing instructions received from lending institution and contractc. Ensure there are no disbursements with further credit to third



with trial balance report, HUD-1 or other closing statementg. Obtain approval of HUD-1 or other closing statement from


wire transfer forms, checks, deposits and lending institution to


(Insert name of entity/agency)(insert title of position, e.g. Supervisor) for review and signature

i. Notify (insert title of position, e.g. Supervisor) if any changes are necessary

j. If there is a change, ensure that subaccount balances to zerok. Obtain approval from (insert title of position, e.g. Supervisor)

for disbursement of funds, if (insert title of position, e.g. Supervisor) cannot be reached for approval. DO NOT disburse funds, contact (insert title of position, e.g. CEO) for further instructions or approval



ii. Ten days after closing check to see that following items have cleared1) Government checks and2) Service provider checks

iii. Thirty days after closing check to see that disbursements greater than $1,000 have cleared


v. Bring to the attention of (insert title of position and name, e.g. Sara Springs or Rob Jones, Supervisor) any checks or deposits which have not cleared by above stated deadlines

2. (Insert title of position and name, e.g. Sara Springs or Rob Jones, Supervisor) duties for each filea. Review



statements to ensure correct payee and amount is listed oni. Checksii. Wire transfer formsiii. HUD-1 or other closing statementiv. Ensure there are no disbursements with further credit to third

party, unless specified by lender bank in closing instructionsc. Review deposit slip and initiald. Review rate sheet for title insurancee. Sign checks


(Insert name of entity/agency)f. Sign wire transfer formg. Sign and date file ledger reporth. Be available to approve disbursement, if unable to be available

notify (insert title of position, e.g. CEO) for a substitute and notify (insert title of position, e.g. Closer) of the same

i. Approve disbursement upon verification that all funds for particular transaction are collected funds, or meet an exception

3. Prepare a Positive Pay list for (insert title of position, e.g. CEO)

III. Escrow account security:A. Escrow account – incoming

1. This escrow account is for receipt of incoming domestic wires only2. As soon as funds are deposited into this account, they will

immediately be transferred to Escrow Account - Real Estate3. This account will not have checks4. This account is only to transfer funds to Escrow Account - Real

EstateB. Trust account – e-recording



C. Positive Pay1. Each escrow account shall be set up with Positive Pay2. At 4:00 pm each day, a listing of all checks with check number,

payee and amount shall be given to the escrow bank for payment3. Bank shall not pay any check that is not exactly as it appears on the


Chris Keefer, CEO) if a question about a check or wire should arise5. If bank is in doubt of a check or a wire transfer and cannot obtain

verification from (insert title of position and the name, e.g. Chris Keefer, CEO) the check and/or wire transfer will not be paid

6. (Insert title of position and the name, e.g. Chris Keefer, CEO) reviews positive pay exception report (insert when received and reviewed, e.g. daily)



1. Each escrow account shall be set up with an ACH block2. All customers shall receive notice of ACH block3. There shall be no exceptions for accepting an ACH payment

E. International wire blocks1. Each escrow account will be blocked from receiving international

wires2. All incoming international wires will need to be domesticated prior to

being deposited into any escrow accountF. Reporting issues with escrow accounts

1. Bank shall notify (insert title of position and the name, e.g. Gene


(Insert name of entity/agency)Esposito, Operations Manager) of any issues with any bank account

2. (Insert title of position and the name, e.g. Gene Esposito, Operations Manager) shall investigate the issue and respond to bank within 24 hours

3. Any employee with The Agency who notices an issue with any of The Agency’s accounts shall notify (insert title of position and the name, e.g. Gene Esposito, Operations Manager)



2. Every (insert how often, e.g. one) year(s) a background check (including criminal and credit) is performed on existing employees who have access to escrow account funds

H. Escrow account training1. The Agency provides escrow account training (insert when and

frequency) to individuals handling customer funds and conducting escrow account reconciliations


(insert function or role name, e.g. Office Manager)

IV. Record keepingA. (Insert title of position and the name, e.g. Gene Esposito,

Operations Manager) is to maintain originals or legible copies of the following including minimum listed details1. Deposit slips showing


2. Sources of all escrow funds received3. Canceled checks


4. Other documentary support for all disbursements and transfers including records of all electronic transfers from client, which includea. Name of person authorizing transferb. Name of recipientc. Confirmation of withdrawing escrow account numberd. Date transfer complete

5. All records regarding all wire transfers into or out of escrow account, includinga. Receiving and sending financial institution

i. ABA routing number



(Insert name of entity/agency)ii. Name of each financial institutioniii. Both account holder’s






b. Additional required informationi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)iii. Check numbers for all disbursementsiv. Reason escrow funds were received or disbursedv.



b. Includingi. Identification of client and matter attached to fundsii. Date funds moved (transferred in or out)iii. Check numbers for all disbursementsiv. Reason escrow funds were received or disbursed

8. All bank statements for all escrow accounts9. To aid in the individual accounting of each matter, (insert title of

position and the name, e.g. Gene Esposito, Operations Manager) shall set up a separate subaccount for each matter which shall be reconciled prior to any disbursement

B. (Insert title of position and the name, e.g. Gene Esposito, Operations Manager) duties1. Supervise (insert title of position, e.g. Closer)2. Select random matters to review records monthly to ensure

compliance with this policy and procedure3. Investigate any issue, problem, complaint, irregularity in escrow

accounts4. Report findings to (insert title of position, e.g. CEO) monthly

Approving Officer

(Insert title of position, e.g. CEO, his/her signature and date)

Contact (Insert title of position and the name, e.g. Gene Esposito, Operations


(Insert name of entity/agency)Officer Manager)Date Approved (Insert date approved)



Amendment Dates




Policies and procedures relating to escrow accounts are kept in The Agency’s Policy and Procedure book. Digital copy is kept at S:OfficePolicy/escrow account

Banking agreements and wire transfer user reports are kept with (insert title of position and the name, e.g. Gene Esposito, Operations Manager)

Escrow Account Information is listed above and kept with (insert title of position and the name, e.g. Gene Esposito, Operations Manager).

Escrow account regulationso FLA. STAT. § 626.8473 (2013)o FLA. STAT. § 717.103 (2013)o FLA. ADMIN. CODE 69O-186.008 (2013)o FLA. ADMIN. CODE 69O-186.009 (2013)

Acknowledge-ment

By signing below each person does hereby acknowledge that they:

1. Have read Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure).

2. I understand Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure).

3. I had ample time and opportunity to ask questions in reference to Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Escrow Accounting Policy and Procedures effective (insert effective date of policy and procedure).

Name Signature DateChris Keefer – CEOGene Esposito – Operations ManagerRob Jones – SupervisorSara Springs – SupervisorAndrea White –


(Insert name of entity/agency)AssociateJon Doe – AssociateJane Smith – AssociateBradley Keefer – AssociateStuart Braxton - AssociateJody Lau – CloserKathy Johnson - Closer



Policies and Procedures

Privacy and Information Security

Purpose Document a privacy and information security program (policies and procedures) to help ensure (insert name of entity /agency) maintains written protocols for the protection of data and Non-public Personal Information (NPI).

Scope These policies and procedures are for all of (insert name of entity /agency) (hereafter referred to as “The Firm”) locations including all satellite offices. These procedures are to be followed by all employees and independent contractors where applicable.

Procedures [The Firm should review its legal, contractual, and statutory requirements for privacy and information security and incorporate those requirements in these procedures.]

The Firm has a formal privacy and information security program that is appropriate with the size and complexity, the nature and scope of The Firm’s activities and the sensitivity of the information in The Firm’s possession. As part of this program, The Firm maintains a Privacy Policy Notice (see attached) that is posted on The Firm’s website and provided to customers and consumers for each order processed. Additional information about The Firm’s privacy and information security program is available to consumers and customers upon request.

The Firm’s policies associated with the privacy and information security program are given to all employees and the employees must acknowledge in writing that they have read and understand such policies. It is the responsibility of (insert role/function) to help ensure The Firm has received all employee acknowledgements.

The Firm makes an assessment (insert frequency) of the standards and requirements affiliated with The Firm’s information security program, including those set out in this policy and procedure document. This assessment is conducted by (insert role/function/vendor) and a formal report on compliance is issued to The Firm management.

Physical Security of NPI

The Firm utilizes (insert vendor name) as the information provider for background and credit checks. The Firm individuals who have access to NPI are restricted to authorized principals and employees who have undergone a formal background check and credit report process which identified no irregularities.



Removable media devices, including but not limited to external hard drives, compact discs, magnetic tapes and USB/flash drives are issued by The Firm with the approval of (insert role/function). The use of removable media devices is prohibited unless (insert role/function) has authorized such use. Removable media is kept in a secure area and accounted for via (insert method or role/function) when not in use.

Other standard procedures for security of NPI include closing paper files other than the one currently being worked on, stow files away when away from workspace and lock desks and file cabinets at the end of the day. Hardcopy NPI that is transmitted outside The Firm is done so using only secured envelopes and/or locked document bags.

Network Security of NPI

At the direction of (insert role/function), The Firm’s designated Network Administrator grants appropriate access to The Firm’s various computer technology applications. The Firm’s file server(s) or main central processing unit is housed (describe where and if in a secured environment). The Firm’s computer network utilizes up-to-date anti-virus, anti-spyware and data encryption software applications. The Network Administrator is responsible for such software maintenance.

Access to The Firm’s information technology computers and network is secured by individual and unique passwords. The Firm utilizes a computer application that prompts employees to change passwords in regular frequency (specify frequency, i.e. 90/60/30 days). All The Firm’s computers no mater, desktop or laptop run a “screen timeout” application causing automatic system sign off when the system detects no activity for a period of (insert length of time).

Disposal of NPI

The Firm has defined and communicated to employees the types of data/information that falls into the NPI category. Any NPI data is disposed of accordingly. Paper records by shredding. Small shredders are available throughout the office. Large, secure shredding bins provided by (insert vendor name) can also be found in the office. When disposing of computers and portable storage devices, The Firm uses a software application to erase/wipe clean the device.

Disaster Management Plan for NPI

The Firm has a documented disaster management plan to help ensure adequate back-up, recovery and business continuation procedures. The plan also includes required procedures for



notification and response to security incidents and breaches. (Specify name of document, i.e. Disaster Management Plan). The Firm also maintains insurance coverage (Indicate types of insurance coverage including commercial property insurance, business interruption coverage, and cyber-security coverage if applicable) for such circumstances. The disaster management plan is reviewed on an annual basis by (insert role/function) and updated as appropriate.

Security Practices of Independent Service Providers

If independent service providers for The Firm receive NPI from The Firm, The Firm shares this policy document with the service provider and/or conducts appropriate due diligence of the NPI security measures of the service provider before transmitting any NPI data. Service providers are aware they must notify The Firm regarding NPI security breaches of NPI data that has been transmitted.

If security breaches occur, proper notification is provided to consumers and law enforcement in accordance with The Firm’s privacy and information security program and disaster management plan.

Contact Officer Provide the position title and name of person(s)Date Approved Day Month Year


Day Month Year

Amendment Dates

List the dates the policy has been amended (Day Month Year)


Month Year


Internal Company Policies:

Reference any specific privacy and information security program policies and where they are kept.



Clean Desk Policy

1. Overviewa. The purpose for this policy is to establish a culture of security and trust for all

employees at <company>. An effective clean desk effort involving the participation and support of all <Company Name> employees can greatly protect paper documents that contain sensitive information about our clients, customers and vendors. All employees should familiarize themselves with the guidelines of this policy.

2. Purposea. The main reasons for a clean desk policy are:

i. A clean desk can produce a positive image when our customers visit the company.

ii. It reduces the threat of a security incident as confidential information will be locked away when unattended.

iii. Sensitive documents left in the open can be stolen by a malicious entity.

3. Responsibilitya. All staff, employees and entities working on behalf of <company> are subject

to this policy4. Scope

a. At known extended periods away from your desk, such as a lunch break, sensitive working papers are expected to be placed in locked drawers.

b. At the end of the working day the employee is expected to tidy their desk and to put away all office papers. <Company> provides locking desks and filing cabinets for this purpose.

5. Actiona. Allocate time in your calendar to clear away your paperwork.b. Always clear your workspace before leaving for longer periods of time.c. If in doubt - throw it out. If you are unsure of whether a duplicate piece of

sensitive documentation should be kept - it will probably be better to place it in the shred bin.

d. Consider scanning paper items and filing them electronically in your workstation.

e. Use the recycling bins for sensitive documents when they are no longer needed.

f. Lock your desk and filing cabinets at the end of the dayg. Lock away portable computing devices such as laptops or PDA devicesh. Treat mass storage devices such as CDROM, DVD or USB drives as

sensitive and secure them in a locked drawer6. Enforcement

a. Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.

7. Revision Historya. Policy is in effect on <date>b. Document revised on <date>



IT Disaster Recovery Plan Template

CONTENTS:

Section 1: Determine Scope and Size of DR Plan

Section 2: Definitions of Disaster

Section 3: Framework Design/Hardware and Software

Section 4: Framework Design/Environmental

Section 5: Framework Design/Customers and Applications

Section 6: Framework Design/Labor Resources

Section 7: Framework Design/Networking

Section 8: Framework Design/Cultural, Political, Financial

Section 9: Administrative Processes

Section 10: Logistical Processes

Section 11: Testing Processes

Section 12: Training Processes

Section 13: Maintenance of plan

Section 1 - Scope and Size of Disaster Recovery PlanA. Over-arching considerations

Campus issues and checks: Records management requirements by individual state Requirement for business continuity plan (Definition: Business continuity plan is a

customer’s plan to delivery service “manually” while IT disaster recovery restores electronic service.)

HIPAA requires a disaster recovery plan University is a “business” and there is a big loss to the student when business is

out of order. Do we need a business continuity plan for the students? Need to be practical and usable, not just theoretical Need to be understandable Can’t spend a lot of money

B. Determine Scope and Size Agree upon level of scope Can a “non-IT shop” person come in and understand the plan? Is the plan practical? Do we outsource the plan? Need to share examples Need to consider in overarching Campus crisis plan



Within this, need to include master data center recovery plan Within this, need to include respective customer and individual service

plans, e.g., PeopleSoft services, Mainframe services, enterprise storage services, individual customers’ computers, etc.

Section 2 -- Definitions of DisasterA. What are (and what are not) the criteria to determine a disaster?

Physical, data, hardware How do we know if a disaster has been detected?

B. Examples of a disaster Outage by hours Outage by hours greater than certain level requiring contact of disaster team

to declare disaster (for ex., notify campus crisis team) When day-to-day plans no longer work (i.e., day-to-day work drill is gone, or when

there is a build-up, escalation procedures are exhausted, and operation no longer meets common baseline planning

When there are threats that scope up to become a disaster (i.e., Sept. 11, campus unrest, etc.)

When we lose a data center or building that houses the data center When we lose complete staff (labor resources) of data center When we lose a core business service (i.e., email) When we require Risk Mgmt and Insurance to declare a disaster in order to get

vendor action in recovery Need to share other examples of disaster in order to clarify for your own institution Need to develop own definitions of disaster that are practical as opposed to industry

definitions.

Section 3 -- Framework Design: Hardware and SoftwareA. Who is the vendor?

Proprietary (Sun Solaris, Linux, windows, AIX) Homegrown (you are the vendor) Mainframes Needs Service Level Agreements (SLA) with vendors to replace the equipment if

disaster strikesB. Hardware configured environments (i.e., production, test, crash and burn, etc.)C. What is your hardware asset inventory? (Let’s share the data elements we are keeping

about your assets.) i.e., “Assets Center” by Peregrine; “LDR Plus” by Vendor?; Oracle

database/homegrown systems (i.e., SOAPI) Damage assessment by Risk management and insurance Photos of equipment Naming conventions of the hardware

D. Change information system (how do you make changes to your hardware environment?)E. Tracking system for problems with hardware, applications, and networkF. Categories of operating system softwareG. Proprietary factors of softwareH. Redundancy of dataI. Backing up the software, data and OSJ. Storage

Single copy Redundant copy



Security of data, software and applications How do you test for this item of disaster?

K. Enterprise systemsL. Client server services

Section 4 -- Framework Design: EnvironmentalA. One data center or Multiple data center sitesB. What are your campus building plans? Tag a 2nd data center into new building plans; C. Hot site (exact duplicate of data center site)D. Warm site (physical site and certain aspects ready, but need servers)E. Run at another site but at a lower capacity (not hot, warm, but operable)F. Cold site (we have a room and everything has to be planned)G. Physical security system for site

Re-entry after disaster Protection and Safety of disaster site Silent panic button Who issues building “all clear?” Check out 911 service in relation to disasters Flood plain of the site Water detection at the site HVAC at the site Cooling glycol inventory “run wet” (use of chilled water to control room temperature) Fire suppression (Halon) Alternate power sources Diesel generators Check diesel levels Uninterruptable power source (UPS) Batteries Do you have UPS on individual computer systems? (Check out electrical certification

of this with local campus electrical shop and then figure out how to test.) (NOTE: This is NOT a good idea.)

Section 5 -- Framework Design: CustomersA. Business continuity plan (customers should be asked how they will operate their business

while they are down)B. Business impact analysis (rate the impact of your services to determine how and when to

bring your service back upC. Webification of customers’ applications, global use versus local client use on campus.D. Priority processing—campus customer calendarE. Ranking Business Processes (i.e., Core, T1, T2, T3, etc.)

PeopleSoft Student systems Financial systems

Payroll Multi-campus based courses/distance education class “Research” customers (as a Core process)

F. Service Level agreements with customers Need customer organization charts for DR Determine amount of money for instantaneous disaster recovery or delayed disaster

recovery(Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.


Section 6 -- Framework Design: Labor ResourcesA. Staff availability

Depends on the disaster; have staff been wiped out by the disaster? (i.e., weather disaster, physical disaster, etc.)

B. Staff dependability/reliability Union agreements/labor contracts Who does what in a disaster? Are staff excellent in day-to-day but horrible under pressure? “Burnout” of staff during disaster Are there any SLA (support level agreement) with peer agencies (state or other IT

campus agencies)C. Counseling services availabilityD. IT Management tier (see cultural, political, financial)E. Top campus mgmt (see cultural, political, financial)F. Mass campus retirement—how to replace expertise?

How do we teach others before they retire?G. Accounting for labor resources with reorganization processesH. Vendor consulting services—do we use vendors as a resource for DR staff (could be

for one person or a whole team)?I. Escalation team (separate from DR team or day2day—decide when to escalate)J. Disaster recovery teamK. Restoration teamL. Day-to-day Operation team

Section 7 -- Framework Design: NetworkingA. Topology map of the network

Inter-company collaboration Incorporate webification of services over the network Redundancy Each campus’ expansion within its own state (IN’s I-Light project and UW-Mad with

WiscNet)B. Other characteristics of networking

Duel network feeds to site Dark Fiber requires multiple paths Underground or overhead Satellite feeds? How do you replace the “Support equipment” to monitor and maintain topology?

Section 8 -- Framework Design: Cultural, Political, FinancialA. KEY ITEM: Buy-in and support by top mgmt on campus from beginning (i.e., chancellor or

provost)B. Money/budget/financial for DR—where from??

Who has the purse? Is it funded by infrastructure? Is it funded by each individual customer service? Is it part of technologist’s fee? (“tack on”)

C. Campus crisis planning IT disaster recovery plan and IT disaster services recovery plan should be an item on

campus crisis planD. Terrorists (Sept. 11, disgruntled grad students?)(Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.


E. Staff acceptanceF. Customer acceptanceG. Auditor’s acceptance

Main doorway for most disaster recovery planningH. Campus records bldg (where do they reside)I. Relation of IT DR to physical plant and other campus infrastructures

Section 9 -- Administrative ProcessesA. IT Organization Chart for DR (and customers’ Org chart)B. Initial response notification

Calling tree No phone service available? “Radio communications”; batteries? Which top offices will

have radio communications available—need to documentC. Communication to external media (via IT media person or Campus Crisis media person)D. Who signs off and authorizes which team?E. Each campus needs to define its own administrative processes and protocol.

Section 10 -- Logistical ProcessesA. Temporary Workspace/physicalB. Setup a temporary command centerC. Provide telephone lines to command centerD. Time elements of the planE. When do “Disaster Recovery Operations” (for a customer or service) end and day-to-day operations begin?F. Each campus needs to define logistical processes

Section 11 -- Testing ProcessesA. Each campus needs to define the testing process

Define testing process for each aspect of “how to test” the component pieces IT processes Administrative processes Logistical processes

B. Examples of testing include: Structured walk-through (possibly including other IT staff) Once/year annual audit (ex. Payroll checks) Include customers’ business continuity plan Matrix of options; what is “standard” or “Benchmark” for testing? Easier to test “everything” than to test the parts What about loss of labor (for ex., death, injury, incapacity) and how to test this (See

Section 6—Labor Resources)



Section 12 -- Training of Staff on Plan A. What is the Objective of training?

Heighten awareness So a new person can get through DR education Ensure that it is “practically” understood.

Do you “read the book” or do you “show how”B. Who is cross-trained for DR?C. Where is documentation for DR located? (i.e., DR team members’ homes, trunks of their cars, etc.)D. Could IT Disaster Recovery group assist each other with training?

Do individual institutions have an IT training department that could assist? Can our individual institutions’ IT data center staff train each other?

Section 13 -- Maintenance of PlanA. Documentation repositoryB. Plan must be maintained annually, BUT parts of the plan need to be updated more

frequently (for ex., phone lists) Plan should be in a dynamic database that can be updated automatically

C. “Who does what” for DR plan maintenance? Who updates what section? Prints copies of the plan? Who files the plan? Kept with which members at home or in trunk of car? Kept on wallet card? (DRP team instructions) Who keeps log for audit of the maintenance?

D. Changes to the asset inventory should automatically update the disaster recovery planE. Problems with testing the plan should cause an update of planF. Annual agreement by top campus management to keep plan at level of funding, etc. G. Return to Day-to-Day Operations

Have maintenance agreements in place Have customer service level agreements in place (sign-offs)

H. “Lite” version of plan—also see Section 1—Scope and Size Provides some preparedness for DR; Drives items for more detail of DR Could be an interim plan; if “this”, then we do “that” Could mitigate or lessen disaster

Who responds How does it get resolved How can we prevent it

A road map to assist with the check-off process to make sure everything has been recovered



COMPANY POLICIES AND PROCEDURE MANUAL


SECTION

COMPANY POLICIES

Approval Signature Subject

Information Technology Electronic Asset Disposition Policy

GENERAL

SCOPE AND PURPOSE

The storage, maintenance and destruction of electronic assets and the information contained on these assets, is a critical function of (Insert name of entity/agency) (“the Company”). It is important that when handling these types of assets, that it is done safely and properly, and in a manner that is consistent with Company policy, and state and federal guidelines.

The purpose of this policy is to protect the regulatory environment of the personal and confidential information of our employees and customers, including, but not limited to: proprietary and competition-sensitive information, and trade secrets contained on hard drives or memory within electronic assets; and to comply with state and federal regulations in the protection/destruction of the Company’s electronic assets.

POLICY

This policy is intended to provide direction regarding acceptable methods for the destruction of electronic assets in order to avoid putting the Company, its customers, and employees at risk.

Compliance with this policy and the requirements herein is a condition of employment for all employees. This policy applies to all fulltime and part-time employees. Failure to adhere to the requirements set forth in this policy may result in disciplinary action, up to and including termination of employment and/or legal prosecution.

DEFINITIONS

The following are examples of electronic device technologies. Since technology is ever-changing, this list may not be exhaustive:

1. Micro Media: A plastic or acetate film medium containing images of recorded information. Also known as “microfilm” or “microfiche”.

2. Magnetic Tape/Optical Media: A plastic or acetate film on which information is recorded magnetically, usually as a reeled tape or a tape within a hard plastic case. This includes video-recorded and sound-recorded tapes, as well as data-recorded tapes in plastic or metal cartridges, i.e., CDs, DVDs, USB/flash drives.

3. Electronic Equipment with Magnetic Storage Media: Types of equipment include: computers (desktops/laptops) and related apparatus, such as: mouse, keyboard, power and video cables; CRT monitors and flat panel (LCD) monitors; routers, servers, switches and any equipment utilizing a hard drive/memory device; multi-functional



machines, such as: printers, scanners, copiers and fax machines; loose hard drives; and phone systems.

4. Portable/Mobile Phones: Company-owned handheld computing or processing devices, such as: Smart Phones (Blackberries, IOS Devices (iPhone, iPad), Android Devices, Windows Mobile Devices)), and Personal Device Assistants.

DISPOSITION OF ASSETS

All Company electronic assets have a lifespan. When the asset no longer is functional and it is determined that its storage, maintenance and/or use is no longer necessary, or of value to the Company, it is critical that the asset is properly disposed. Under no circumstances will end-of-life Company assets be sold, donated or given away for any reason. Below are the appropriate steps that must be taken when disposing of electronic assets:

1. The operations manager contacts the Business Technology Support Center for disposal instructions. Please email the Support Center at (insert email address).

2. You will be asked to complete the Information Technology Electronic Asset Disposition Request Form.

3. Each operations manager is responsible for designating a secure and locked location for all Company assets scheduled for destruction.

4. Company employees are not permitted to use the aforementioned method for the destruction of non-Company-owned electronic devices, i.e., personal items such as: home computers, cell phones, CDs, DVDs, and pc monitors, etc.

5. The operations manager is responsible for providing all employees, including new hires, in his/her operating location, with a copy of this policy. This person also is responsible for collecting signed acknowledgement forms and sending them via scan and email to: (insert email address). The acknowledgement form can be found at the end of this policy.

COMPLIANCE

All full- and part-time employees are responsible for adherence to this policy. The IT Department is responsible for managing the implementation of the destruction of electronic assets. This policy will be reviewed annually, or when there are substantive changes in regulatory requirements, or under circumstances that provide cause for such review.

VIOLATION

Violation of this policy should be reported to an employee’s supervisor, who should then report the violation to Human Resources. Violation of the policy may subject the employee to discipline up to and including termination. The Company will not engage in or tolerate any discrimination, retribution, retaliation, punishment or persecution of any employee who exposes any potential risk or violation of this policy.

COMPLIANCE WITH OTHER POLICIES

The disposition of the Company’s electronic assets must be in compliance with related policies, including:


mailto:[email protected]



-Privacy of Personal Information of Consumers and Customers-Security of Information and Records Policy-Records and Information Management Policy-Portable/Mobile Electronic Devices Policy-Internet and Email Use Policy

ACKNOWLEDGEMENT

All employees must acknowledge receipt of this policy at the time of issuance or hire. By signing the Acknowledgement Form, the employee acknowledges his/her responsibility to protect the Company’s electronic information and to comply with the policy. A copy of the signed acknowledgment form will be placed in the employee’s personnel file.

All questions regarding the disposition of electronic assets are to be directed to the IT Department at (555) 555-5555, Monday through Friday, 7 a.m. to 7 p.m. CST. Questions also can be emailed to the Support Center at (insert email address).




INFORMATION TECHNOLOGY ELECTRONIC ASSET DISPOSITION POLICY

CONSENT AND ACKNOWLEDGEMENT FORM

As an employee of the Company, I recognize that electronic information is sensitive and confidential, and must be disposed of properly in accordance with this policy. I understand that the disposition of an electronic asset at the end of its useful life and legal retention requirements is an important element in fulfilling the Company’s responsibilities to customers and employees, as well as state and federal governments. I acknowledge receipt and understanding of the Company’s Information Technology Electronic Asset Disposition Policy.

I agree to adhere to the requirements set forth in the above referenced policy. I am aware that violations of this policy may subject me to disciplinary action, up to and including termination of my employment.

_______________________________ _________________________________Signature Date

_________________________________ _________________________________Name (Printed) Your location: City/state (Printed)





SECTION

COMPANY POLICIES


Mobile Device Management Policy

GENERAL

SCOPE AND PURPOSE

This Mobile Device Management Policy (the “Policy”) applies to all Employees (each an “Employee”) of (Insert name of entity/agency) and each of its affiliates and subsidiaries (the “Company”), who are approved to connect to the Company network with a mobile device.

The purpose of the Policy is to define standards, procedures, and restrictions for Employees who have legitimate business needs for accessing Company data from a mobile device connected to a network outside of the Company’s direct control. The Policy applies to, but is not limited to, all mobile devices and accompanying/related media that fit the following mobile device classifications:

Mobile/cellular telephones Smartphones Tablets and portable devices capable of storing email and/or data that can connect to

the Company data network

The Policy also applies to any hardware and related software that could be used to access Company resources, particularly if the said equipment is not Company-sanctioned, -owned or -supplied. The goal of the Policy is to protect the integrity of the private and confidential client and business data that resides within the Company’s technology infrastructure. The Policy intends to prevent data from being deliberately or inadvertently stored insecurely on a mobile device or carried over an insecure network, where it can potentially be accessed by unsanctioned resources and/or persons. A breach of this type could result in, but is not limited to: loss of information and revenue, damage to critical applications and the Company’s public image, and liability to the Company or its customers. Therefore, all Employees utilizing a mobile device connected to a network outside of the Company’s direct control to backup, store, or otherwise access Company data of any type, must adhere to the processes described in the Policy.



POLICY

PROCUREMENT & OWNERSHIP

Company-Owned Mobile Devices

It is the Company’s preference that Employees who need a mobile device in order to perform Company-sponsored business activities secure the mobile device through the Company’s equipment request process.

Company-owned mobile devices subscribe to the Company carrier contract for all services. All Company-owned mobile devices and associated telephone numbers supplied by the Company are the property of the Company and are managed by the policies outlined below.

In the event that an Employee leaves the Company or no longer needs a mobile device to perform his/her job duties, the mobile device must immediately be returned to Corporate IT. The telephone number assigned to the mobile device may be transferred to the Employee at his/her request, pending the approval of the Employee’s manager. Unless requested and approved, the telephone number will remain with the Company for reuse in the future.

Company-approved devices are listed in the Approved Mobile Devices section below. All costs associated with the mobile device, mobile device acquisition, and the related monthly voice and data plan will be charged back to the requesting business unit.

Employee-Owned Mobile Devices

In cases where the Employee owns a mobile device and wants to use that mobile device for business purposes, including accessing Company information systems, such as email, and applications or data, the following procedures will apply:The Employee must register the mobile device type and telephone number with IT. To register a mobile device, Employees may do so automatically through the Mobile Device Management interface.

The mobile device will be approved for access to Company information systems based on the Policy, as described below.

The Employee will receive a fixed rate reimbursement for voice and data access based on the current cost of similar services through the Company-sponsored voice and data contract. Reimbursement for the said services is the responsibility of the Employee and will be handled by submitting an expense report.

The contents of the mobile device will be managed by the Policy, per the data management and security guidelines defined below.

The Company will not retroactively reimburse Employees for mobile devices or plans to which they have already subscribed and that exceed the fixed rate reimbursement.

NON–EXEMPT EMPLOYEE USE OF COMPANY-OWNED OR COMPANY-ALLOWED MOBILE DEVICES

Non-exempt status applies to employees who are eligible to work and to earn overtime pay for time worked that exceeds the standard number of work week hours. Non-exempt employees are not authorized to use Company-owned or Company-allowed mobile devices for business (Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.


purposes after normal business hours in a work day, unless this work is pre-authorized by their supervisors before it is worked. As a reminder, time worked by non-exempt employees, that exceeds the number of hours in a standard week, must be submitted on timesheets each pay period and is subject to overtime pay.

DATA MANAGEMENT

The Company retains ownership of all Company data residing on mobile devices and can remove all Company data from the device at any time, specifically if the device is reported lost or stolen, or the Employee terminates.

Any Employee who uses a mobile device to access the Company’s information systems is responsible for ensuring that all security procedures used in the management of data on conventional storage infrastructure also are applied here.

Any mobile device used to conduct Company business must be utilized appropriately, responsibly, and ethically. Failure to do so may result in immediate suspension of the Employee’s account and/or other forms of discipline, up to and including termination.

The following applies to Company-owned and Employee-owned mobile devices: Telephone numbers for Company-owned mobile devices will remain the property

of the Company, unless specifically requested by the Employee and approved by the Employee’s manager. Telephone numbers will be reassigned to a new mobile device if the Employee no longer needs the mobile device or terminates.

Company-owned mobile devices must be returned to IT when they are no longer needed/serve legitimate business purposes or if the Employee terminates.

Company-owned mobile devices may be reused at the discretion of IT once the contents of the mobile device are erased.

The following applies to Employee-owned mobile devices: Company data on Employee-owned mobile devices are governed by the same

policies and procedures as any other data on Company-owned mobile devices. Connectivity to Company information systems must be granted explicitly for both

the mobile device and the Employee requesting access. The Company may deny access to Company data for mobile devices that the

Company does not believe can be managed to the standards described in the Policy.

Employees are responsible for all personal data that is kept on a mobile device. This includes backing up personal data to a non-Company backup target. Non-Company data cannot be backed up to any Company storage devices.

The Company is not responsible for any personal data that is lost or compromised in the administration of the Policy.

ACCESS CONTROL

Prior to the initial use of the Company network or related infrastructure, all mobile devices must meet the minimum security and access requirements for mobile devices, related software applications, and utilities, as stated below. Mobile devices that do not meet these requirements will not be allowed to connect to the Company’s information systems. Minimum requirements include, but are not limited to:



Ability to be supported by Company management platforms Ability to support a password policy Ability to have contents managed from the Company management platform,

including the removal of all mobile device content, if necessary.The Company reserves the right to refuse the connection of mobile devices to Company-connected infrastructure, if it is determined that the mobile device is being used in a manner that puts the Company’s systems, data, Employees, and/or customers at risk. Prior to a decision being made by the Director of IT, IT will inform the Employee of the steps that must be taken, which could result in the Employee being denied access to connect to the Company’s information systems.In situations where mobile devices require synchronization with an external data source for activation, i.e., iTunes, the synchronization must be conducted on a non-Company asset. Specifically, the Company prohibits the storage of personal mobile device content such as music, photos, media and other non-business-related data on Company workstations, file servers and mass storage devices.

SECURITY

All Company-owned or Company-allowed mobile devices used to store Company data must conform to the minimum security standards supported and enforced by the Company’s mobile management platform. This includes password protection and data encryption of stored data on the device. IT will manage all applicable security policies, network, application, and data access centrally by using the appropriate technology solutions. Any attempt to contravene or bypass said security implementation will be deemed an attempt at intrusion and will be dealt with in accordance with existing Company policies. Employees using mobile devices and related software for network and data access must, without exception, follow secure data management procedures. All mobile devices must be protected by password and encryption, as supported and enforced by the Company’s mobile management platform. Reasonable security measures must be utilized to protect Company-owned or Company-allowed mobile devices with access to proprietary Company data. Employees are expected to secure all such mobile devices whether or not they are actually in use and/or being carried. Securing a mobile device containing Company data includes, but is not limited to, use of passwords and encryption, as well as physical control (e.g. place in locked trunk when left in an unattended vehicle).In the event that a Company-owned or Company-allowed mobile device is lost or stolen, it is the Employee’s responsibility to immediately report the loss to his/her manager, as well as the Support Center, at (insert email address and phone number).

MOBILE DEVICE SUPPORT

Mobile Devices are intended to be used for business-related applications including email, calendar, contacts and telephone functions. Support beyond these basic application functions will be limited to Company deployed mobile applications. IT will maintain a list of supported company applications.Additional support provided by IT will vary depending on whether the device is Company-owned or employee-owned.Employee-Owned Devices



Support for the physical device is the responsibility of the contracted parties (Employee and the provider). Contract terms and conditions, including warranties, insurance or other vendor account management issues, are the responsibility of the contracted parties (Employee and the provider). Company-Owned DevicesIS will manage and maintain the relationship with the responsible vendors for account management, device purchases and warranty issues. Employees with Company-owned devices should contact the Support Center for business related-support issues of these types.

APPROVED MOBILE DEVICES

An approved mobile device must be able to be managed by the tools supported by IT. If it is determined that a mobile device cannot be managed to the Policy guidelines described above, it will not be approved for access to the network. Mobile devices include smart phones and tablets running the following operating systems:

Company–Supplied/-Allowed Devices/Mobile OS Platforms

Research In Motion Blackberry- This is the default Company standard mobile device. Unless there is business justification for additional features or capabilities, this is the Company’s default choice for mobile voice and data access.

Apple iPhone iOS– iPhones are provided on an exception basis based on business justifications.

Google Android– There are currently many versions of the Android OS that make it difficult to manage with the Company’s uniform standards. Android devices will be supplied only for those Employees who have a demonstrated need for this type of device.

Non-Company-Supplied/-Allowed Devices/Mobile OS Platforms

For Employees that provide their own mobile devices, the following mobile device operating systems will be supported for access to Company information systems. Specific hardware devices will be supported on a best-efforts basis.

Research In Motion Blackberry Apple iPhone iOS Microsoft Windows Mobile Google Android



COMPLIANCE WITH OTHER POLICIES AND GUIDELINES

The management of Company-owned and Company-allowed mobile devices that have access to the Company’s information systems must be done in compliance with the Company’s other related policies, to include:

• Portable/Mobile Electronic Devices Policy• E-mail Policy• Internet and E-mail Use• Records and Information Management Policy• Security of Information & Records

VIOLATIONS

Any Employee who suspects a violation of the Policy, i.e., the mismanagement of a Company-owned or Company-allowed mobile device, should immediately report the suspected violation to IT, which will then investigate the matter.

If it is determined by IT that the Employee has violated the Policy, the Employee will be subject to discipline, up to and including termination.

ACKNOWLEDGEMENT

When accessing Company information systems with a mobile device, the Employee accepts the terms and conditions of the Policy.

All Employees who have been/are provided with a Company-owned or Company-allowed mobile device will be given a copy of the Policy. All such Employees are then responsible for completing and signing the Consent and Acknowledgement Form.

Completed Consent and Acknowledgement Forms should be emailed to (insert email address)


http://hrweb.oldrepublictitle.com/HRWeb2/Policies/60-300-9Security%20of%20Information%20and%20Records.PDF

http://hrweb.oldrepublictitle.com/HRWeb2/Policies/32-300-3%20Records%20Information%20Mgmt.pdf

http://hrweb.oldrepublictitle.com/HRWeb2/Policies/91-400-9Internet%20and%20E-Mail%20Use.pdf

http://hrweb.oldrepublictitle.com/HRWeb2/Policies/91-301-9%20Email%20Policy.pdf

http://hrweb.oldrepublictitle.com/HRWeb2/Policies/91-401-9%20Portable%20Mobile%20Electonic%20Devices%20Policy.pdf



MOBILE DEVICE MANAGEMENT POLICY

CONSENT AND ACKNOWLEDGEMENT FORM

I acknowledge receipt of the Company’s Mobile Device Management Policy. I understand that the Policy is in place in order to protect the integrity of the private and confidential client and business data that resides within the Company’s technology infrastructure. The Policy intends to prevent data from being deliberately or inadvertently stored insecurely on a mobile device or carried over an insecure network, where it can potentially be accessed by unsanctioned resources and/or persons.

I agree to adhere to the requirements set forth in the above-referenced policy. I am aware that violations of the Policy may subject me to disciplinary action, up to and including termination of my employment and/or termination of my consulting contract and/or independent contractor agreement.

I acknowledge that I have read and understand this Consent and Acknowledgement Form, as well as the attached Mobile Device Management Policy.

________________________________ _________________________________Signature Date

________________________________ _________________________________Name (Printed) Your location: City/state (Printed)





SECTION

COMPANY POLICIES


PRIVACY OF PERSONAL INFORMATION OF CONSUMERS AND CUSTOMERS

GENERAL

Scope and Purpose

This policy applies to all directors, officers and employees of the Company and its affiliates and sets forth a requirement to comply with the privacy requirements of the Gramm-Leach-Bliley Act and the complementary and similar statutes enacted by the States and their insurance departments.

The Gramm-Leach-Bliley Act (GLB) is federal law which applies to all financial activities including the services provided by title insurance companies and their agents. Most states have complemented GLB by enacting state statutes or promulgating regulations. This policy does not attempt to respond to such state laws and regulations. It is focused upon the primary provisions of GLB. Company personnel are reminded that state statutes, regulations, orders, or interpretations which provide greater privacy protection than GLB are effective and not superseded by GLB. See e.g. 15 USC 6807.

The purpose of this policy is to protect the privacy of individual consumers by restricting the disclosure of their nonpublic personal information and to forbid all information sharing with nonaffiliated third parties without the consent of the consumer.

POLICY

It is the policy of the Company to respect the privacy of its customers and to protect the security and confidentiality of their nonpublic personal information. Company personnel may not, directly or through any affiliates of the Company, disclose to a nonaffiliated third party any nonpublic personal information unless required or otherwise authorized by law. It is also the policy of the Company to prohibit the disclosure of nonpublic personal information to affiliates except as necessary to process a transaction or to provide services requested or authorized by the consumer. Nonpublic personal information may be disclosed as provided by GLB in 15 USC 6802(e), see Exhibit A.

NOTICE

GLB applies to the provision of settlement services by title insurance companies and their agents in connection with the sale, purchase or finance of an individual consumer’s home. The performance of closings, escrows, surveys, appraisals, flood certifications, exchange services, tax searches, title searches, issuance of title insurance commitments and policies, credit reports, notary services, and document preparation requires compliance with GLB. The notice specified in Exhibit B must be provided to each individual consumer who obtains a settlement service from the Company or the Company’s agents. (Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.


DEFINITIONS

Affiliate Affiliate means any company that controls, is controlled by, or is under common control with another company.

Company Company means any corporation, limited liability company, business trust, general or limited partnership, association, or similar organization.

Consumer Consumer means an individual who obtains or has obtained settlement services from the Company or agent of the Company that is to be used primarily for personal, family, or household purposes, or that individual’s legal representative.

Customer Customer means a consumer who has a customer relationship with you.

Financial Institution A financial institution means any institution the business of which is engaging in financial activities. An entity that provides real estate settlement services is a financial institution. The Federal functional regulators have determined that providing real estate settlement services is a financial activity. See e.g. 16 CFR 313.3(2)(x), 12 USC 1843(k)(4).

Nonpublic Personal Information Nonpublic personal information is personally identifiable financial information that is not publicly available.

Personally Identifiable FinancialInformation Personally identifiable financial information

is any information a consumer provides to us in order to obtain settlement services which contains personal identifiers such as account numbers, names, or addresses.

Publicly Available Information Publicly available information means any information we have a reasonable basis to believe is lawfully made available to the general public from Federal, State or local government records. Publicly available information in government records includes information in government real estate



records. There is a reasonable basis to believe information contained in the land records is lawfully made available to the general public if we have determined that the information is of the type included on the public record in the jurisdiction where a deed or mortgage would be recorded.



US Code: Title 15, Section 6802Exhibit A

US Code as of: 01/23/00Sec. 6802. Obligations with respect to disclosures of personal information

(a) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

(b) Opt out (1) In general

A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless - (A) such financial institution clearly and conspicuously discloses to the

consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party;

(B) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and

(C) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

(2) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institution's own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.

(c) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.

(d) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

(e) General exceptions Subsections (a) and (b) of this section shall not prohibit the disclosure of nonpublic personal information -



(1) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with - (A) servicing or processing a financial product or service requested or

authorized by the consumer; (B) maintaining or servicing the consumer's account with the financial

institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity; or

(C) a proposed or actual securitization, secondary market sale (including sales of servicing rights), or similar transaction related to a transaction of the consumer;

(2) with the consent or at the direction of the consumer; (3) (A) to protect the confidentiality or security of the financial institution's records

pertaining to the consumer, the service or product, or the transaction therein; (B) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability; (C) for required institutional risk control, or for resolving customer disputes or inquiries; (D) to persons holding a legal or beneficial interest relating to the consumer; or (E) to persons acting in a fiduciary or representative capacity on behalf of the consumer;

(4) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institution's compliance with industry standards, and the institution's attorneys, accountants, and auditors;

(5) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.), to law enforcement agencies (including a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951-1959), a State insurance authority, or the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety;

(6) (A) to a consumer reporting agency in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), or (B) from a consumer report reported by a consumer reporting agency;

(7) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or

(8) to comply with Federal, State, or local laws, rules, and other applicable legal requirements; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.



Exhibit BALTA SAMPLE PRIVACY FORM

MAY 7, 2001[Insert name of title insurer and all affiliates of title insurer and/or name of agent]

Privacy Policy Notice

PURPOSE OF THIS NOTICE

Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of [insert name of institution and its affiliates mentioned in this notice]

We may collect nonpublic personal information about you from the following sources:

Information we receive from you such as on applications or other forms.Information about your transactions we secure from our files, or from [our affiliates or]

others.Information we receive from a consumer reporting agency.Information that we receive from others involved in your transaction, such as the real

estate agent or lender.

Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you.

We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law.

We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements:

Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.

Non-financial companies such as envelope stuffers and other fulfillment service providers.

WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.

We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. The ALTA sample privacy form includes a full list of the requisite disclosures. The sample form does not envision sharing of information outside the corporate title insurance underwriter and affiliate or agent structure. If you are considering sharing nonpublic customer information and do not qualify for an exception within the Federal Trade Commission and/or state rules, please obtain legal advice on what should be included in your form.(Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.


COMPANY POLICIES AND PROCEDURE MANUAL (Insert name of entity/agency)

SECTIONCOMPANY POLICIES

Approval Signature SubjectSecurity of Information and Records

GENERAL

Scope and Purpose

This policy applies to all regional, branch and subsidiary locations and corporate departments. Its purpose is to provide general guidelines for the security and safeguarding of Company information.

Background

Information flow is vital to the operation and success of the Company. Without timely and relevant information, managers and employees cannot perform efficiently and effectively. However, information contained in the Company's records is Company property. Therefore, this information, particularly information related to the Company and other confidential data, must be accessible only to authorized individuals.

POLICY

Company information classified as confidential or having considerable value to the Company, whether maintained in manual or automated files, must be adequately secured to prevent unauthorized disclosure, manipulation or destruction. Information security procedures should be periodically reviewed by the appropriate manager for adequacy, recoverability and continued compliance with established information security objectives.

Company employees are expected to respect the confidentiality of information and not discuss or disclose to outside parties any confidential or proprietary information obtained. In addition, such information should not be discussed with other employees, except when required in the performance of designated tasks relating to areas of responsibility.

This includes, but is not limited to, the following types of information:1. Financial information projections, reports and records such as earnings, statements,

cash securities, investments, budgets, receivables or claims.2. Human Resources, payroll information and records.3. Operations related information: e.g., title plants, agency contracts, agency performance

reports, commissions, orders and other records.4. Marketing information, customer listings and National Accounts reports and records.5. Information that may impact the value of the Company such as mergers and acquisitions,

major new lines of business or coverage, major personnel changes, rates, fees or prices, any unusual gains or losses in major operations and major marketing changes.

6. Customer transactions, especially escrows, trusts and collections.



7. Starter files, tract and general indices information.8. Other information or records vital to Company interests.

GUIDELINES

Access Security

Access security may be provided by physical or selective access methods. Physical methods may include locking files, placement of information in secluded or restricted areas or in the custody of an information librarian. For example, checks or drafts and check signing machines are to be kept under lock and key when not in use.

Selective access is most common in automated systems and incorporates such security features as passwords, security badges or keys. The method and cost of providing security must be appropriate considering the value of the information to the Company.

Amount of Security

Security must be tailored to local requirements, needs and operating procedures as determined by local management. The amount of security required is a function of confidentiality, recoverability and value of the information to the Company. At a minimum, access to offices should be restricted to Company personnel and adequately secured at night or on weekends and holidays.

Backup and Recovery

A satisfactory backup and recovery plan should be developed for significant information. The frequency of backup and length of recovery time depends on the information type, usage and statutory requirements. Periodic testing of backup and recovery plans should be performed and documented for management's review to ensure the plans are reliable and workable.

Employee Considerations

To enhance information security, management should assign information maintenance (the responsibility of updating key files and the ability to alter data) to responsible employees and ensure adequate segregation of duties. In the event of an employee transfer or termination, care must be exercised to ensure information is not altered, removed or destroyed and that the employee's ability to access the information is eliminated.



Reports Distribution

Management and supervisors must ensure that reports are delivered promptly and reliably to only those persons authorized to receive them. It is the responsibility of the end user department to establish report distribution. Data processing departments should distribute all report copies to a single primary user that is responsible for further distribution. As much as possible, destroy sensitive printouts before discarding.

Service Bureaus

Operations processing data through service bureaus are subject to periodic review, similar to that of an internal center, recognizing the constraints which apply in reviewing an external service.

It should be stressed that the appropriate time for reviews and discussions of security and backup with a service bureau is prior to entering into an agreement. Items such as rights to backup data and other security and confidentiality concerns should be clearly outlined in the contract. Documentation of, or independent account reports on the internal controls of the service bureau should be obtained before entering into any processing agreement. Of particular concern is the accessibility of Company data in the service bureau environment where multiple title companies may be processed by the same service company.

Physical Security

In the typical office environment, it is difficult to ensure the physical security of computer related equipment. Computer terminals and personal computer equipment is often required to be placed in open, accessible areas. Certain steps may be taken to enhance physical security, including:

1. Keyboard and/or device locking, where applicable, should be used at night and over weekends.

2. Items such as computer tapes, diskettes and original vendor supplied copies of software should be kept under lock and key when not actually in use.

3. Access to actual computer facilities is limited to authorized Company employees. Local management should specifically approve access to other than Company personnel.

4. Computer devices in commonly accessible areas should be powered down at night and over weekends (most applicable to personal computers).

Sale of Services

The sale of computer time and/or processing services is not permitted without specific approval by the Systems Committee.

Software

All software developed or purchased by the Company is Company property. Company software is not to be copied except for backup purposes. Company software may not be given to any outside party except with specific approval by the Systems Committee.



Unauthorized Access

Locations utilizing data communications equipment including dial-up phone lines, may experience unauthorized access by outside parties. Any such unauthorized access, successful or not, is to be considered a security violation until otherwise determined. Incidents of this kind must be documented in writing and brought to the attention of local management and the Chief Information Officer.

Use of Resources

Use of the Company's computer resources is restricted to approved business purposes. The use of computer resources by an employee, including those with approved access to said resources, for personal or non-business related purposes is prohibited.

Security Violations

If security violations are identified, management should take the appropriate action relative to the circumstances, including terminations or prosecution, if deemed appropriate. The General Counsel should be contacted for advice and counsel.

Passwords

All passwords and sign-ons should be kept in utmost privacy. If you feel security has been compromised in any fashion, immediately notify the IT department.

RESPONSIBILITY

All levels of management, including Regional Vice Presidents, Branch managers and corporate department heads, are responsible for implementing this policy. Although in certain instances an internal data processing center or outside service bureau may act as custodian for information and provide a certain amount of security, the ultimate responsibility for information security rests with management.



COMPANY POLICIES AND PROCEDURE MANUAL (Insert name of entity/agency)

SECTIONCOMPANY POLICIES

Approval Signature SubjectBackup of Records

GENERAL

Scope and Purpose

This policy applies to all locations.The purpose of this policy is to ensure that adequate backup and recovery procedures for automated systems are maintained.

POLICY

Field locations will ensure that records maintained in decentralized, automated systems are periodically backed up in their entirety, with a security copy of the data stored off-site.

GUIDELINES

General

The appropriate frequency of performing a backup procedure is dictated by many factors, among them;

1. The importance or reliance placed upon the records in question.2. The level of effort required to reconstruct the records in the event of loss.3. The uniqueness of the records in question.The time and effort involved in the backup procedure must be weighed against the above factors in order to determine an appropriate backup schedule. A backup of accounting related systems and records should take place at least weekly.

Other considerations are:

1. Locations with multiple personal computers may consider the acquisition of a separate tape backup unit to facilitate this procedure.

2. Mini-computer and computer installations will utilize tape as their standard backup media.



Off-site Storage

A complete system backup will be performed immediately after completing a month-end processing cycle. One copy of this backup will be stored off-site. Off-site storage may include:

1. A bank vault or safe deposit box.2. A branch office location, separate and apart from the central computer site.3. An off-site storage service.

Retention1. Perform backup procedures on a regular basis. In determining the frequency of

backup, consider the time required to recreate the programs or data from source documents. This applies for both hard disks and floppy diskettes.

2. File Servers and hard disks in PCs attached to networks will be scheduled for regular automatic backup.

3. Protect the backup files in the same manner as the primary file.4. Store backup files off-site. This will allow the backups to be in a location

sufficiently removed from the primary file so that any circumstance causing the loss of the primary file (e.g., fire, theft) will not result in the loss of the backup copy.

5. Do not load a backup file immediately after a system malfunction. The apparent failure of a primary file may be caused by a hardware or software malfunction which may also cause the backup file to be damaged. In the event of a malfunction of a primary file, contact the IT Department as soon as possible.

Other

Specific questions on this policy should be directed to the Corporate IT Department.RESPONSIBILITY Branch, Subsidiary and Regional managers are responsible for compliance to this policy.




Document Recordation / Title & Settlement Pricing(Small Office)

Purpose (Insert name of entity/agency) (hereinafter referred to as “The Firm”) shall record documents and set rate and pricing procedures in compliance with contractual obligations and applicable Federal and State Consumer Financial Laws. The Firm currently does business only in Florida.

Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for recording documents and set rate and pricing procedures and incorporate those requirements in these procedures.)

Please note that lender’s more stringent instructions will supersede the stated policy and procedure.

Title Insurance Pricing Procedures

The Firm utilizes online calculators to help ensure correct fees are being charged for title insurance policy premiums

(Insert title of position, e.g. Real Estate Clerk) duties for each file1. Determine if a discount is available (such as simultaneous issue, reissue,

new home purchase discount, and substitution rates etc.)2. Use the rate calculator on The Fund’s Website, including any discounts3. Additional charges

a. Charge $25 for simultaneous issue, if applicableb. Charge 10% for ALTA 9 endorsementc. Charge $25 for all other endorsementsd. If there was additional documented work with any of the above see

(insert title of position, e.g. Attorney) for direction if a different amount should be charged

4. Print out calculation worksheet and place in file (with additional documented work, if applicable)

(Insert title of position, e.g. Attorney) duties1. Review rate change bulletins

a. Ensure online calculators will be up to date on date change is to be effective

b. If not, direct all (insert title of position, e.g. Real Estate Clerk) to forward all rate calculations to (insert title of position, e.g. Attorney) for proper calculation

2. Review random files monthly to ensurea. Proper rate charges



b. Post-closing checklist3. Refund any over charges to consumer within ten business days4. If there was an under charge, fund shortage from operating account

immediately

Settlement Pricing Procedures

(Insert title of position, e.g. Real Estate Clerk) duties for each file1. Contact customer

a. Obtain a verbal agreement to eitheri. Represent customer in closing

1. Inform customer that a retainer letter will be forthcoming detailing

a. Servicesb. Costs for services or approximationsc. Additional costs for additional services or

approximationsii. Not represent customer in closing

1. Inform customer that a no-representation letter will be forthcoming detailing


approximationsb. Request that customer sign and return last page of letter agreementc. Review data on the purchase sale agreement

i. If there is a problem with any data on purchase sale agreement

1. Tell customer that (insert title of position, e.g. Attorney) will call them back about the problem

2. Inform (insert title of position, e.g. Attorney) of the problem

2. Use appropriate letter form3. Insert proper fees from chart below into the letter

Attorney’s fees

Title search

Muni lien search

Courier fees

Survey

Sale xxx xx xx xx xxPurchase xxx xx xx xx xxPurchase with 2nd

xxx xx xx xx xx

Refinance xxx xx xx xx xxRefinance with 2nd

xxx xx xx xx xx

2nd only xxx xx xx xx xx

4. Special pricing – if there are special circumstances such as those listed below see (insert title of position, e.g. Attorney) for proper pricing

a. Customer who give referrals to our office



b. Repeat customersc. Multiple payoffsd. 1031 exchangee. Foreign sellerf. Friends and familyg. Other

5. If you have not received last page of the letter agreement signed by closing date, have customer sign it first at closing

Recording Procedures

Per Agency Agreement documents are to be transmitted for recording within one business day of settlement

The Firm shall e-record real estate documents in every county in which such services are available

(Insert title of position, e.g. Real Estate Clerk) duties

1. As soon as possible but no later than (insert period of time, e.g. one business day) after closing, send documents for recording via e-recording

2. If a county does not offer e-recording for real estate documents, within (insert period of time, e.g. one business day) of settlement

a. Documents for recording shall be sent via (insert carrier name(s), e.g. Federal Express)

b. Notate in file and DoubleTime® receipt of documents for recording3. Place file in the “waiting for recording” information drawer4. Each Friday check to see if recording information is available for all files in

the “waiting for recording” information drawer5. At a minimum, on first and fifteenth of each month, review ATIDS for6. For e-recording

a. Stamp original with stamp “Recorded Electronically”b. Hand write recording information on originalc. Copy first page of original after entering recording information and

place in file7. For non-e-recording

a. Once documents which were recorded are returned to The Firm, recording information is updated and/or verified in DoubleTime®

8. Recorded documents are sent to their owner9. Outstanding policy report, in DoubleTime®, will be reviewed weekly to

ensure all documents have been recorded10. If documents sent for recording are rejected, request further instruction from

(insert title of position, e.g. Attorney)11. Fill in “Post-closing checklist” and include in file

(Insert title of position, e.g. Attorney) duties

1. Review and train these policies and procedures at least annually2. Review “waiting for recording” information drawer files at least once per



month

Contact Officer

(Insert title of position, e.g. Attorney, his/her signature and date)




Amendment Dates




Sample retainer letters are kept in a folder labeled “Sample Retainer Letters”: s:\Samples\Sample Retainer Letters

On line rate manual: https://www.thefund.com/Member/Resources/Worksheets.aspx

Acknowledge-ment


1. Have read Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure).

2. I understand Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure).

3. I had ample time and opportunity to ask questions in reference to Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure).

Name Signature DateChris Keefer – AttorneyKathy Johnson - Paralegal




Document Recordation / Title & Settlement PricingPurpose (Insert name of entity/agency) (hereinafter referred to as “The Firm”) shall record

documents and set rate and pricing procedures in compliance with contractual obligations and applicable Federal and State Consumer Financial Laws. The Firm currently does business only in Florida.


Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for recording documents and set rate and pricing procedures and incorporate those requirements in these procedures.)


Title Insurance Pricing Procedures

The Firm utilizes online calculators to help ensure correct fees are being charged for title insurance policy premiums

(Insert title of position, e.g. Real Estate Clerk) duties for each file1. Determine if a discount is available (such as simultaneous issue, reissue,

new home purchase discount, substitution rates, etc.)2. Go to The Fund’s Website3. Click on Rating Worksheet4. Click on “Original Rate Calculation Worksheet” – note use one of the other

offered worksheets if circumstances dictate to do so5. Open Excel spreadsheet6. Click on “Enable Content”7. Enter requested information – if you need help call The Fund’s help line –

800-421-93788. Ensure information related to discounts is entered9. Additional charges

a. Charge $25 for simultaneous issue, if applicableb. Charge 10% for ALTA 9 endorsementc. Charge $25 for all other endorsementsd. If there was additional documented work with any of the above see

(insert title of position, e.g. Managing Partner) for direction if a different amount should be charged



10. Click on “Go To Policy/Endorsement Worksheet”11. Review for accuracy – if you need help call The Fund’s help line 800-421-

937812. Print out calculation worksheet and place in file (with additional documented

work, if applicable)

(Insert title of position, e.g. Office Manager) duties1. Train (insert title of position, e.g. Real Estate Clerk) on rate calculations,

and discounts2. Review rate change bulletins

a. Ensure online calculators will be up to date on date change is to be effective

b. If not, direct all (insert title of position, e.g. Real Estate Clerk) to forward all rate calculations to (insert title of position, e.g. Office Manager) for proper calculation

3. Each month choose a random 5% of files which were closed prior month to review

a. Proper rate chargesb. Post-closing checklist

4. If an improper rate was charged, or there is an issue with the post-closing checklist, review an additional 5% from (insert title of position, e.g. Real Estate Clerk)’s who had a mischarge, or other issue, for a systemic problem

5. Re-train (insert title of position, e.g. Real Estate Clerk), if necessary6. Refund any over charges to consumer within 10 business days7. If there was an under charge,

a. Do not request additional funds from consumer without first obtaining approval from (insert title of position, e.g. Managing Partner)

b. Fund shortage from operating account immediately8. Notify (insert title of position, e.g. Managing Partner) of any issues with

rates, rate charges or post-closing checklist9. Issues or inconsistencies in rating, closing or other

a. Write a brief description of issue or inconsistency as well as any additional training provided and place said description in personal file of employee who created issue or inconsistency

b. Notify (insert title of position, e.g. Managing Partner) in monthly performance memo

Settlement Pricing Procedures

(Insert title of position, e.g. Real Estate Clerk) duties for each file1. Contact customer

a. Obtain a verbal agreement to eitheri. Represent customer in closing

1. Inform customer that a retainer letter will be forthcoming detailing


approximations



ii. Not represent customer in closing1. Inform the customer that a no-representation letter

will be forthcoming detailinga. Servicesb. Costs for services or approximationsc. Additional costs for additional services or

approximationsb. Request that customer sign and return last page of letter agreementc. Review data on the purchase sale agreement

i. If there is a problem with any data on purchase and sale agreement

1. Tell customer that (insert title of position, e.g. Office Manager) will call them back about the problem

2. Inform (insert title of position, e.g. Office Manager) of the problem

2. Use appropriate letter form3. Insert proper fees from chart below into the letter

Attorney’s fees

Title search

Muni lien search

Courier fees

Survey

Sale xxx xx xx xx xxPurchase xxx xx xx xx xxPurchase with 2nd

xxx xx xx xx xx

Refinance xxx xx xx xx xxRefinance with 2nd

xxx xx xx xx xx

2nd only xxx xx xx xx xx4. Special pricing – if there are special circumstances such as those listed

below see (insert title of position, e.g. Managing Partner) for proper pricing

a. Customer who give referrals to our officeb. Repeat customersc. Multiple payoffsd. 1031 exchangee. Foreign sellerf. Friends and familyg. Other

5. If you have not received last page of the letter agreement signed by closing date, have customer sign it first at closing

Recording Procedures

Per Agency Agreement documents are to be transmitted for recording within one business day of settlement

The Firm shall e-record real estate documents in every county in which such services are available



(Insert title of position, e.g. Real Estate Clerk) duties

1. As soon as possible but no later than (insert period of time, e.g. one business day) after closing, send documents for recording via e-recording

2. If a county does not offer e-recording for real estate documents, within (insert period of time, e.g. one business day) of settlement

a. Documents for recording shall be sent via (insert carrier name(s), e.g. Federal Express)

b. Requiring a signature upon deliveryc. Notate file and DoubleTime® of signed receipt of documents for

recording3. Enter information as to property, owner and each document which needs

recording including satisfactions, in recording log

4. At a minimum, on first and fifteenth of each month, review ATIDS for outstanding OR book and page number for each deed and mortgage as well as for satisfactions, as a follow up

5. Enter updated information into DoubleTime® and recording log6. For e-recording

a. Stamp original with stamp “Recorded Electronically”b. Hand write recording information on originalc. Copy first page of original after entering recording information and

place in file7. For non-e-recording

a. Once documents which were recorded are returned to The Firm, recording information is updated and/or verified in DoubleTime®

8. Recorded documents are sent to their owner9. Outstanding policy report, in DoubleTime®, will be reviewed weekly to

ensure all documents have been recorded10. If documents sent for recording are rejected, information shall be given to

(insert title of position, e.g. Office Manager) for further processing11. Fill in “Post-closing checklist” and include in file

(Insert title of position, e.g. Office Manager) duties1. Review and train necessary positions of these policies and procedures2. Supervise to ensure adherence to policies and procedures, provide

additional training, if necessary3. Review rejected documents within (insert period of time, e.g. one

business day) of receiving rejection notice4. If possible, make necessary corrections (include proper documentary

stamp payment) and resubmit for recording within (insert period of time, e.g. one business day)

5. Notify (insert title of position, e.g. Managing Partner) of rejection and steps taken for correction

6. If rejection cannot be corrected (inadequate number of witnesses etc.), notify (insert title of position, e.g. Managing Partner) for further instructions within one business day

7. Each week review and sign recording log

Contact (Insert title of position, e.g. Managing Partner, his/her signature and date)(Insert name of entity/agency) of 132www.Insert Web address.com Disclaimer: These policies and procedures are samples only and may not be used without customization to accurately reflect the agent’s own policies and procedures.


OfficerDate Approved (Insert date approved)



Amendment Dates




“Recording log” is kept with Office Manager and on the server in the folder labeled “Recording log: s:\recording log

Sample retainer letters are kept in a folder labeled “Sample Retainer Letters”: s:\Samples\Sample Retainer Letters

On line rate manual: https://www.thefund.com/Member/Resources/Worksheets.aspx

Acknowledge-ment


5. Have read Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure).

6. I understand Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure).

7. I had ample time and opportunity to ask questions in reference to Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

8. I have completed training on Document Recordation / Title & Settlement Pricing Policy and Procedures effective (insert effective date of policy and procedure).

Name Signature DateChris Keefer – Managing PartnerGene Esposito – Operations Managing Attorney

Rob Jones – Supervising AttorneySara Springs – Supervising AttorneyAndrea White – AssociateJon Doe – Associate



Jane Smith – AssociateBradley Keefer – AssociateStuart Braxton - AssociateJody Lau – paralegalKathy Johnson - paralegal




Title Policy Production/Premium Remittance(Small Office)

Purpose (Insert name of entity/agency) (hereinafter referred to as “The Firm”) shall maintain written procedures related to title policy production, delivery, reporting and premium remittance to insurer to help ensure that it meets its statutory, regulatory and contractual obligations.

The Firm currently does business only in Florida.

Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for title policy production, delivery, reporting and premium remittance and incorporate those requirements in these procedures.)


Policy Inventory

The Firm only uses electronically issued forms and has no inventory

Policy Issuance

All policies are issued electronically from The Fund, via DoubleTime®

(Insert function or role name, e.g. Closer) duties

1. Mark up the commitment2. Issue policies at closing3. Have customer sign acknowledgement of receipt of owner’s policy4. Send Lender’s policy with closing package

a. Place a neon paper with “Lender’s Title Policy” in large black letter just prior to policy

b. Include policy in stacking order, if providedc. If not provided for in the stacking order, place at the

beginningd. Send closing package to Lender via (insert carrier

name(s), e.g. Federal Express) with a signature required for delivery

e. Lender’s signature upon delivery shall serve as acknowledgement of receipt of lender’s policy

f. Notation of same shall be made in DoubleTime®5. After closing, input information from marked up commitment into



DoubleTime®6. Monitoring procedures, below, help ensure necessary documents

are recorded7. If a policy is not issued at closing table

a. It will be given to (insert title of position, e.g. Attorney)b. Preform an ATIDS update daily for recording information and

give to (insert title of position, e.g. Attorney)c. Issue policies as soon as possibled. All policies should be issued within two weeks after closinge. If recording information cannot be obtained within two weeks

(insert title of position, e.g. Attorney) will give further instruction

Closing Follow Up, Premium Remittance and Policy Reporting

Premium remittance is due by the tenth day of the second month after closing pursuant to Agency Agreement.

Per Agency Agreement, policy reports are due monthly. The Firm uses DoubleTime®, which automatically reports to The Fund all information regarding polices and their status. DoubleTime® provides copies of policies to The Fund.

(Insert function or role name, e.g. Closer) duties1. Use DoubleTime® to determine policies and premiums which have

not been remitted on first and fifteenth of each month2. At a minimum, on the first and fifteenth of each month, review

ATIDS for outstanding OR book and page numbers for each deed and mortgage as well as for satisfactions as a follow up

3. Enter updated information into DoubleTime®4. If no satisfaction is recorded 60 days after closing notify (insert title

of position, e.g. Attorney)5. Remit policy electronically, which includes (jackets were

electronically issued)a. Validation of key data for ratingb. Upload pertinent policy informationc. Assignment of policy serial numberd. Automatically audit jacket serial numbere. Automatically updates The Fund, creating an invoicef. Includes payment via web pay from trust account

6. Review outstanding report from DoubleTime® on a monthly basis to ensure compliance with stated policy

7. Upon notice of no satisfaction recorded after 60 days from closinga. Review fileb. Ensure payment check has cleared bankc. Send follow up letter to lien holder, via certified mail return

receiptd. Review ATIDS for satisfaction 30 days after return of receipt

of reminder noticee. Enter information regarding satisfaction, if recorded



f. Notify (insert title of position, e.g. Attorney), if no satisfaction can be obtained 30 days after certified letter

8. Ensure that premiums are remitted no later than the end of the month following the closing via DoubleTime®

(Insert title of position, e.g. Attorney) duties1. Review policy and procedure annually2. Take necessary steps to obtain satisfactions of liens3. Train employees on the policy and procedure

Contact Officer (Insert title of position, e.g. Attorney, his/her signature and date)Date Approved (Insert date approved)



Amendment Dates




Outstanding policies are found in the Policies in Progress Report in DoubleTime®

Acknowledge-ment


1. Have read Title Policy Production/Premium Remittance Policy and Procedures effective (insert effective date of policy and procedure).

2. I understand Title Policy Production/Premium Remittance Policy and Procedures effective (insert effective date of policy and procedure).

3. I had ample time and opportunity to ask questions in reference to Title Policy Production/Premium Remittance Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Title Policy Production/Premium Remittance Policy and Procedures effective (insert effective date of policy and procedure).

Name Signature DateChris Keefer – AttorneyKathy Johnson - Paralegal




Title Policy Production/Premium Remittance

Purpose (Insert name of entity/agency) (hereinafter referred to as “The Firm”) shall maintain written procedures related to title policy production, delivery, reporting and premium remittance to insurer to help ensure that it meets its statutory, regulatory and contractual obligations.

The Firm currently does business only in Florida.


Procedures Requirements (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for title policy production, delivery, reporting and premium remittance and incorporate those requirements in these procedures.)


Policy Inventory

The Firm only uses electronically issued forms and has no inventory

Policy Issuance

All policies are issued electronically from The Fund, via DoubleTime®

(Insert function or role name, e.g. Closer) duties

1. Mark up the commitment2. Issue policies at closing3. Have customer sign acknowledgement of receipt of owner’s policy4. Send Lender’s policy with closing package

a. Place a neon paper with “Lender’s Title Policy” in large black letters just prior to policy

b. Include policy in stacking order, if providedc. If not provided for in the stacking order, place at the

beginningd. Send closing package to Lender via (insert carrier

name(s), e.g. Federal Express) with a signature required



for deliverye. Lender’s signature upon delivery shall serve as

acknowledgement of receipt of lender’s policyf. Notation of same shall be made in DoubleTime®

5. After closing, input information from marked up commitment into DoubleTime®

6. Monitoring procedures, below help ensure necessary documents are recorded

7. If a policy is not issued at closing tablea. It will be given to (insert title of position, e.g. Post Closer)b. (Insert title of position, e.g. Post Closer) shall preform an

ATIDS update daily for recording informationc. Issue policies as soon as possibled. All policies should be issued within two weeks after closinge. If recording information cannot be obtained within two weeks

(insert title of position, e.g. Post Closer) shall call The Fund’s help desk for further instruction

Closing Follow Up, Premium Remittance and Policy Reporting

Premium remittance is due by the tenth day of the second month after closing pursuant to Agency Agreement

Per Agency Agreement, policy reports are due monthly. The Firm uses DoubleTime®, which automatically reports to The Fund all information regarding polices and their status. DoubleTime® provides copies of policies to The Fund.

(Insert function or role name, e.g. Closer) duties1. Use DoubleTime® to determine policies and premiums which have

not been remitted on first and fifteenth of each month2. At a minimum, on first and fifteenth of each month, review ATIDS

for outstanding OR book and page number for each deed and mortgage as well as for satisfactions as a follow up

3. Enter updated information into DoubleTime®4. If no satisfaction is recorded 60 days after closing notify (insert title

of position, e.g. Post Closer)5. Remit policy electronically, which includes (jackets were

electronically issued)a. Validation of key data for ratingb. Upload pertinent policy informationc. Assignment of policy serial numberd. Automatically audit jacket serial numbere. Automatically updates The Fund, creating an invoicef. Includes payment via web pay from trust account

(Insert title of position, e.g. Post Closer) duties1. Review outstanding report from DoubleTime® on a monthly basis to

ensure compliance with stated policy



2. Upon notice of no satisfaction recorded after 60 days from closinga. Review fileb. Ensure payment check has cleared bankc. Send follow up letter to lien holder, via certified mail return

receiptd. Review ATIDS for satisfaction 30 days after return of receipt

of reminder noticee. Enter information regarding satisfaction, if recordedf. Notify (insert title of position, e.g. Managing Partner), if

no satisfaction can be obtained 30 days after certified letter3. Ensure that premiums are remitted no later than the end of the

month following the closing via DoubleTime®

(Insert title of position, e.g. Managing Partner) duties1. Review policy and procedure annually2. Take necessary means to obtain satisfactions of liens

Contact Officer (Insert title of position, e.g. Managing Partner, his/her signature and date)




Amendment Dates




Outstanding policies are found in the Policies in Progress Report in DoubleTime®




Professional Liability Insurance(Small Office)

Policy (Insert name of entity/agency), (hereinafter “The Firm”) shall carry professional liability coverage errors and omissions insurance, and so that it has financial capacity to cover its professional services obligations. The Firm currently does business only in Florida. The Firm is small and consists of (insert the number of attorneys) attorneys and (insert the number of support staff) support staff.

Procedures Requirements: (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for licensing and incorporate those requirements in these procedures.)

1. Maintain minimum coverage of (insert amount of coverage required by all contracts, i.e. $250,000 for The Fund), per contract (for title companies add “and per FLA. STAT. § 626.8419 (2013) a copy of the statute is attached”).

2. Maximum deductible of (insert the maximum amount of the deductible for all contracts, i.e. $10,000 for The Fund) per their contract (for title companies add “and per FLA. STAT. § 626.8419 (2013), a copy of the statute is attached”).

3. Florida does not require minimums at this time (for title companies remove this line).

(Insert title of position i.e. Attorney or the name of the attorney) will review the underwriting requirements of agency agreements and state statues annually, prior to renewal. Further, the review will ensure that insurance coverage and bonds meets or exceeds all requirements; and is appropriate given The Firm’s size, practice areas, average amount of real estate transactions and volume of transactions. Copy of most current policy declaration page is attached.

(Insert title of position i.e. Attorney or the name of the attorney) will furnish copies of all the insurance policies, declaration page, including all endorsements, and proof of payment of the current premium, applicable bonds to title underwriter(s) and lenders upon request.

Current coverage:Type of coverage

Company/ Agent

Phone/email Coverage amount

Ded. amount

Exp.

E & O Fund Insurance Solutions

[email protected]

1,000,000 10,000 12/31/14

Surety Fund Insurance Solutions

855-780-4711 [email protected]

50,000 12/31/14

Fidelity Fund Insurance

855-780-4711 Insurance@

50,000 12/31/14



Solutions ATIF.com

Closing Protection Letter (“CPL”)CPL will be issued in connection with the settlement funds and issuance of a title insurance policy via The Fund’s (insurer) automated Closing Protection Letter system when possible, upon request.

Independent Contractors(Insert title of position i.e. Attorney or the name of the attorney) will annually obtain a copy of bonds and/or declaration pages from all independent contractors. A copy of the same will be attached to this policy and procedure. Below is a listing of the independent contractors and the status of insurance protection.

Name/Phone Services I/B Amount ExpirationCheerful Cleaners954-555-5555

Cleaning B 25,000 03/01/15

Geeky IT954-555-5554

IT services I 1,000,000 10/01/14

Bradley Shredder954-555-5556

Sheading services

I 50,000 12/31/14







Copy of E&O Declaration page is attached. Copy of the full policy is filed (insert location of the hard copy i.e. in a file

called E&O Insurance). Copies of Bonds are attached and additional copies are kept with (insert

location of the hard copy i.e. file called Bonds). A copy of each independent contractor’s bond and/or insurance

declaration page is attached.




Professional Liability Insurance

Policy (Insert name of entity/agency) shall carry professional liability coverage errors and omissions insurance, and so that it has financial capacity to cover its professional services obligations. (Insert name of entity/agency) currently does business only in Florida.

Scope These policies and procedures are for all of (insert name of entity/agency)’s (hereafter referred to as “The Firm”) locations including all satellite offices. These procedures are to be followed by all employees and independent contractors where applicable.

Procedures The Firm requirements:4. Maintain minimum coverage of (insert amount of coverage required by

all contracts), per contract5. Maximum deductible of (insert the maximum amount of the deductible

for all contracts) per their contract6. Florida does not require minimums at this time

(Insert title of position i.e. Managing Partner) duties:1. Review the underwriting requirements, annually prior to renewal

a. Agency agreementb. State requirements in statutes

2. Annually ensure that coverage carrieda. Meets or exceeds all requirementsb. Appropriate given The Firm’s scope of operations, volume of

transactions, number of offices and employees and internal controlsc. Coverage for all services providedd. Status of coverage for independent contractors

3. Review independent contractors’ insurance coverage for sufficiency4. Renew all insurance plans

(Insert title of position i.e. Office Manager) duties:1. Tracking and notifying the (insert title of position i.e. Managing Partner)

60 days prior to renewal deadline2. Furnish copies of all the insurance policies and applicable bonds to title

underwriter(s), including all endorsements, and proof of payment of the current premium

3. Obtain a copy of independent contractors’ insurance coverage for (insert title of position i.e. Managing Partner)’s review

4. Maintain up to date a file of independent contractor’s insurance coverage5. Ensure that copies of the Errors and Omissions Policy is given to each

(insert all titles of jobs which should receive a copy of the E & O declaration page, i.e. Real Estate Clerk, Title Clerk, Real Estate Paralegal) and any other employee who require the same to complete their assigned tasks



(Insert title of position i.e. Employee) duties:1. When requested, issue a Closing Protection Letter (“CPL”) in connection

with the settlement funds and issuance of a title insurance policy2. CPLs will be issued via The Fund’s (insurer) automated Closing Protection

letter system when possible

Professional Liability Insurance Coverage - Errors and Omissions(insert name of E & O carrier)

1. Current amount: (insert coverage amount)2. Current Deductible: (insert deductible amount)3. Copy of most current policy declaration page is attached

Contact Officer

(insert title of position i.e. Managing Partner, his/her signature and date)

Date Approved (insert date approved)Date of Commencement





Copy of E&O Declaration page is attached and additional copies are kept (insert location of the hard copy i.e. Operation Manual)

Copy of the fill policy will be kept with (insert location of the hard copy i.e. with Office Manager); original full policy will be kept with (insert location of the hard copy i.e. Managing Partner)

Copy of Bond is attached and additional copies are kept with (insert location of the hard copy i.e. Office Manager and Managing Partner)

(Insert name of E & O Insurance carrier) Phone: (insert phone number for E & O carrier)

Email: (Insert email for E & O carrier) Bond – (Insert name of bond company)

contact (insert name and contact information at bond company) Attach copies of policies.


(Insert name of entity/agency)Employee Acknowledgement - Professional Liability Insurance

I ___ (insert employee name) ___________________, ___ (insert title of position i.e. Office Manager) __________ of the (insert name of entity/agency) do hereby

acknowledge that:

1. I have read the Professional Liability Insurance Policy and Procedures effective

(insert effective date of policy and procedure).2. I understand the Professional Liability Insurance Policy and Procedures effective

(insert effective date of policy and procedure).3. I had ample time and opportunity to ask questions in reference to Professional

Liability Insurance Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Professional Liability Insurance Policy and

Procedures effective (insert effective date of policy and procedure).5. It is my responsibility to notify the (insert title of position i.e. Managing

Partner) 60 days prior to the expiration of any insurance policy.

6. It is my responsibility to ensure that a copy of the Errors and Omission Policy is

given to (insert the job titles of all employees which should have a copy of the E & O declaration page, i.e. the Real Estate Clerk, Title Clerk, Real Estate Paralegal) and any other employee who would require the same.

__________________________________ ________________

Name of employee (for signature) Date




Consumer Complaints(Small Office)

(Internal Document)Policy (Insert name of entity/agency) (hereinafter “The Firm”) is committed to

providing outstanding service to all of its clients. The Firm has a process for receiving and addressing consumer complaints to help ensure that any instance of poor service or non-compliance is addressed. The Firm is small and consists of (insert the number of attorneys) attorneys and (insert the number of support staff) support staff. The firm only conducts business in Florida. These procedures are to be followed by all employees and independent contractors where applicable.

Procedures (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for licensing and incorporate those requirements in these procedures.)

All complaints are taken seriously. Everyone is responsible for customer satisfaction.

(Define a consumer complaint for your office). A consumer complaint is anyone who is dissatisfied with services provided by our office. However, anyone who expresses dissatisfaction with any other entity should have a complaint form filled in by (insert title of position i.e. Attorney or the name of the attorney).

Single point of contact for all complaints is (insert title of position i.e. Attorney or the name of the attorney).

Complaint procedure:1. Fill in the complaint form.2. Inform the consumer when you will contact them next.3. Determine the consumer’s desired resolution.4. Determine the type of risk to The Firm (legal, regulator, reputation or

financial, etc.).5. Fill in the log.6. Pull file and review all information.7. Notify the consumer of the results of the investigation and propose a

resolution.8. Obtain agreement for a solution from the consumer.9. Notate agreement on complaint form.10. Update log.

Review complaints:1. Review log on Friday of each week to ensure complaints are being

resolved.2. Review log for repeat patterns of poor service.3. Provide additional training, if necessary.



4. Annual review of the Consumer Complaint Policy and Procedures.5. Incorporate any complaint procedures contractually required by

lenders into the current procedures within (insert how log to implement lenders request to change policies i.e. 30 days).

Additional provisions:1. Lenders are not allowed to review consumer complaints or the

consumer complaint log due to attorney client privilege (if you are a title company change to read “Lenders are not allowed to review consumer complaints or the consumer complaint log due to the inclusion of non-public personal information, see pillar 3, Privacy and Information Security for more details”.

2. Lenders may receive a copy of redacted consumer complaint or consumer complaint log at their request.

3. If a consumers express dissatisfaction or is upset with any services and does not want us to complete the complaint form, details will be noted in the log.

Contact Officer

(Insert title of position i.e. Attorney or the name of the attorney)

Date Approved

(Insert title of position i.e. Attorney or the name of the attorney, his/her signature and date)






Blank Consumer Complaint Forms are kept (insert location of the hard copy i.e. file called “complaint forms – blank”).

Filled in Consumer Complaint Forms are to be kept with the related file. If there is not a file, they will be kept with the (insert location of the hard copy i.e. file called “complaint forms – complete”) after resolution.

Scanned copy of the Consumer Complaint Form will be (insert location of the soft copy file path)

Consumer Complaint Log is located at (insert location of the soft copy file path)

Note: This document is for internal use and may be shared with a lender. This document is NOT intended to be posted on the web or to be given to customers, clients or consumers.




Consumer Complaints(Internal Document)

Policy (Insert name of entity/agency) is committed to providing outstanding service to all of its clients. (Insert name of entity/agency) has a process for receiving and addressing consumer complaints to help ensure that any instance of poor service or non-compliance is addressed.

Scope These policies and procedures are for all of (insert name of entity/agency) (hereafter referred to as “The Firm”) locations including all satellite offices. These procedures are to be followed by all employees and independent contractors where applicable.

Procedures All complaints are taken seriously. Every employee is responsible for customer satisfaction.

(Define a consumer complaint for your office). A consumer complaint is anyone who is dissatisfied with services provided. However, anyone who expresses dissatisfaction should have a consumer complaint intake form filled in by the Customer Service Manager.

All employees:

1. If a consumer begins to make a complaint, ask for their permission to transfer them to the consumer complaint point of contact, the (insert title of position i.e. Customer Service Manager).

2. If the consumer gives permission, transfer to (use the person’s name), the (insert title of position i.e. Customer Service Manager).

3. If the consumer does not give permission, ask if you can transfer them to the (insert title of position i.e. Office Manager) to handle the complaint.

4. Read, understand and attend training on the consumer complaint policy and procedures.

5. Sign an acknowledgement about the employees’ responsibilities.



(Insert title of position i.e. Customer Service Manager) Duties:

1. Talk to the consumer regarding the complaint.2. Fill in the Consumer Complaint Form (a blank copy is

attached).3. Read the Consumer Complaint Form back to the consumer to

ensure all of the information contained within the form is correct and complete.

4. Ask Consumer to verify that the form is complete.5. Tell consumer that their complaint will be reviewed and they

should hear from the (insert title of position i.e. Office Manager) (use the person’s name) within 24 hours (if the complaint is about the (insert title of position i.e. Office Manager), say that the (insert title of position i.e. Managing Partner) will contact them within (insert a time i.e. 24 hours).

6. Fill in the Consumer Complaint Log (a blank copy is attached).

7. Pull the file (unless it is in long term storage, then note on the form of the location of the file).

8. Give the file, any documentation the consumer has provided and the complaint form to the (insert title of position i.e. Office Manager).

(Insert title of position i.e. Office Manager)Duties:

1. Review the Consumer Complaint Form for details and completeness, immediately.

2. If incomplete, talk to the (insert title of position i.e. Customer Service Manager) for more information.

3. Determine the managing person who can best handle the complaint. If unable to make a determination as to who should handle the complaint, review with the (insert title of position i.e. Managing Partner) for a decision.

4. Review the Consumer Complaint Log to ensure that the (insert title of position i.e. Customer Service Manager) has filled in the log.

5. Deliver the Consumer Complaint Form and file to the assigned person.

6. Ask the assigned person when they think they will be able to contact the consumer.

7. Call the consumer and tell them:a. Assigned person;b. When they can expect to hear from the assigned

person (add 24 hours to the estimate);c. Optional - verify the full complaint.

8. Review the Consumer Complaint Log on Friday of each week



to determine the status of each complaint.9. Bring to the (insert title of position i.e. Managing Partner)’s

attention Consumer Complaints that appear to be stagnant.10. Scanned copies of Consumer Complaint Form will be kept for

(insert the length of time to retain Consumer Complaint forms i.e. seven years).

11. Provide training on this policy and procedure for all employees.

12. Have (insert how often training sessions will occur i.e. quarterly) training sessions regarding customer service and the handling of consumer complaints.

13. (Optional) Make an approved copy of the Firm’s policy and procedures regarding consumer complaint available to the public on the website.

(insert title of position i.e. Assigned Member of Management) for complaint duties:

1. Contact the consumer and verify the complaint as soon as possible and within the given estimated time frame.

2. Determine the consumer’s desired resolution.3. Investigate the issue.4. Determine cause of the issue.5. Determine the type of risk to The Firm (legal, regulator,

reputation or financial, etc. and notate on the log).6. Notify (insert title of position i.e. Managing Partner) of

problem via memo.7. Meet with the (insert title of position i.e. Managing

Partner), if necessary.8. Notify the consumer of the results of the investigation and

propose a resolution.9. Attempt to come to an agreement as to the resolution.

(Insert title of position i.e. Managing Partner) Duties:

1. Annual review of the Consumer Complaint Policy and Procedures.

2. Annual review of complaint trends or more frequently, if needed.

3. After annual review, institute changes to operations to reduce or eliminate consumer complaints.

4. Assist the (insert title of position i.e. Assigned Member of Management) with a solution.

5. Incorporate any complaint procedures contractually required by lenders into the current procedures within (insert how log to implement lenders request to change policies i.e. 30 days).

6. Lenders are not allowed to review consumer complaints or



the consumer complaint log due to attorney client privilege.7. Lenders may receive a copy of redacted consumer complaint

or consumer complaint log at their request.8. Periodically review consumer complaint log to assess

effectiveness of policy and employees.

Contact Officer

(insert title of position i.e. Customer Service Manager)

Date Approved (insert title of position i.e. Managing Partner, his/her signature and date)



Amendment Dates


(insert date for next review)


Blank Consumer Complaint Forms are kept (insert location of the hard copy i.e. Customer Service Manager).

Filled in Consumer Complaint Forms are to be kept with the related file. If there is not a file, they will be kept with the (insert title of position i.e. Office Manager) after resolution.

Scanned copy of the Consumer Complaint Form will be (insert location of the soft copy File Path)Consumer Complaint Log is located at (insert location of the soft copy File Path)

Note: This document is for internal use and may be shared with a lender. This document is NOT intended to be posted on the web or to be given to customers, clients or consumers.




Consumer Complaints(Small Office)

Procedures (Note: change this form to reflect your office procedures. Remove parts that do not apply. Review legal, contractual, and statutory requirements for licensing and incorporate those requirements in these procedures.)

We at (insert name of entity/agency) take all consumer complaints seriously. We strive to make your interaction with our offices rewarding.

If there is an issue, please (insert how you want the consumer to make a complaint i.e. call our office (xxx-xxx-xxxx)) and ask to speak with (insert title of position i.e. Attorney or the name of the attorney) who is responsible for all new complaints.

The (insert title of position i.e. Attorney or the name of the attorney) will fill in our complaint intake form and attach any documentation which you provide.

The (insert title of position i.e. Attorney or the name of the attorney) will evaluate your complaint and after evaluation, will contact you to in effort to resolve your complaint.

Contact Officer (Insert title of position i.e. Attorney or the name of the attorney)Date Approved (Insert title of position i.e. Attorney or the name of the attorney,

his/her signature and date)Date of Commencement





This procedure is for publication (insert how this policy and procedure will be published i.e. on our website and in our office for all consumers).

Note: This document is for distribution to customers, clients or consumer. This SHOULD be posted on the web. This may also be given to lenders upon their request.




Consumer Complaints

Procedures We at (insert name of entity/agency) take all consumer complaints seriously. We strive to make your interaction with our offices rewarding.

If there is an issue, please (insert how you want the consumer to make a complaint i.e. call our office (xxx-xxx-xxxx) and ask to speak with our (insert title of position i.e. Customer Service Manager) is responsible for all new complaints.

The (insert title of position i.e. Customer Service Manager) will fill in our complaint intake form and attach any documentation which you provide. The completed form and any supporting documentation will be given to the (insert title of position i.e. Office Manager).

The (insert title of position i.e. Office Manager) will evaluate the complaint and assign it to (insert the title of the person who will handle complaints i.e. assigned member of management). The (insert title of position i.e. Office Manager) will contact you to inform you (insert the title of the person who will handle complaints i.e. assigned member of management) that will be handling your complaint and approximately when you should expect to hear from (insert the title of the person who will handle complaints i.e. assigned member of management). Our goal is to have you contacted by the (insert title of position i.e. Office Manager) within two days.

The (insert the title of the person who will handle the complaint i.e. assigned member of management) will contact to and make every effort to resolve your complaint.

If you are not satisfied with (insert the title of the person who will handle complaints i.e. assigned member of management) and the proposed resolution, ask to speak to the (insert title of position i.e. Managing Partner) for further review.

Contact Officer (insert title of position i.e. Customer Service Manager)Date Approved (insert title of position i.e. Managing Partner, his/her signature and date)Date of Commencement







This procedure is for publication (insert how this policy and procedure will be published i.e. on our website and in our office for all consumers).

Note: This document is for distribution to customers, clients or consumer. This SHOULD be posted on the web. This may also be given to lenders upon their request.



Consumer Complaint Form – (Small Office)Please complete appropriate section(s) below, then “save as” using the following format: (insert how you want the form saved i.e. “Last Name Consumer Complaint MMDDYY”) and (insert if you want the form emailed to a person, insert email address)(Insert the file name i.e. File Name Example: Smith Consumer Complaint 05-08-14)

Date of Inquiry:

MM-DD-YY

How complaint was made (phone, email, in person, etc.)

Consumer Contact Information:

Name(s) (Last, First)

Property Address (Street, City, State, Zip)

Contact Address (if different from Property Address)

Contact Phone Number

Additional Contact Phone Number

Transaction Information:

Agent File Number Policy Number

Property Type (Residential or Commercial) Transaction Type (Purchase, Refinance, REO, etc.)

Briefly describe the nature of the consumer’s inquiry including dates of any conversations, phone calls, and names (including title and company affiliation) of those with whom consumer has spoken. Notate the consumer’s desired resolution.

Indicate whether additional information or documentation is attached under separate cover.

Advise consumer that this will be routed to (insert title of position i.e. Attorney or the name of the attorney).



Name/Title of person completing form

Fees associated with subject transaction:

Proposed resolution:

Accepted /Rejected

Second proposed resolution:

Accepted /Rejected

Third proposed resolution:

Accepted /Rejected

Final resolution:



Consumer Complaint FormPlease complete appropriate section(s) below, then “save as” using the following format: (insert how you want the form saved i.e. “Last Name Consumer Complaint MMDDYY”) and (insert if you want the form emailed to a person, insert email address)(Insert the file name i.e. File Name Example: Smith Consumer Complaint 05-08-14)

Date of Inquiry:

MM-DD-YY

How complaint was made (phone, email, in person, etc.)

Consumer Contact Information:

Name(s) (Last, First)

Property Address (Street, City, State, Zip)

Contact Address (if different from Property Address)

Contact Phone Number

Additional Contact Phone Number

Transaction Information:

Agent File Number Policy Number

Property Type (Residential or Commercial) Transaction Type (Purchase, Refinance, REO, etc.)

Briefly describe the nature of the consumer’s inquiry including dates of any conversations, phone calls, and names (including title and company affiliation) of those with whom consumer has spoken. Notate the consumer’s desired resolution.

Indicate whether additional information or documentation is attached under separate cover.

Advise consumer that this will be routed to Contact Name, Contact Title.



Name/Title of person completing form

Management Review Name/Title

Fees associated with subject transaction:

Proposed resolution:

Accepted /Rejected

Second proposed resolution:

Accepted /Rejected

Third proposed resolution:

Accepted /Rejected

Final resolution:


(Insert name of entity/agency)Employee Acknowledgement - Consumer Complaints Policy and Procedures

I ___ (insert employee name) _______________, ___ (insert employee job title) ___

_______ of the (insert name of entity/agency) do hereby acknowledge that:

1. I have read the Consumer Complaints Policy and Procedures effective (insert effective date of policy and procedure).

2. I understand the Consumer Complaints Policy and Procedures effective (insert effective date of policy and procedure).

3. I had ample time and opportunity to ask questions in reference to Consumer Complaints Policy and Procedures effective (insert effective date of policy and procedure) prior to signing below.

4. I have completed training on Consumer Complaints Policy and Procedures effective (insert effective date of policy and procedure).

5. I understand my responsibilities under the Consumer Complaints Policy and Procedures and will abide by them.

__________________________________ ________________Name of employee (for signature) Date


(Insert name of entity/agency)(Insert address)

– or use letterhead

Date:

Subject: ALTA Best Practices

To whom it may concern: We, (Insert name of entity/agency) (hereinafter “The Firm”), are providing this letter in connection with the ALTA Best Practices Framework dated July 19, 2013. The Firm intends that it be considered by any consumer, bank, credit union, mortgage originator, mortgage servicer or any lender doing business with The Firm during the 24-month period following the date of this letter.

The Firm has implemented the ALTA Title Insurance and Settlement Company Best Practices (“Best Practices”) dated July 19, 2013. As of the date of this letter, The Firm complies with the Best Practices in all material respects.

The Firm represents that, during the 24 month period commencing on the date of this letter, it will remain in material compliance with each of the Best Practices.

Attached to this letter, please find: (1) our ALTA Best Practices Manual, and (2) a copy of the current Declarations Page for our errors and omissions or professional liability insurance.

Sincerely,

_______________________________, (Insert title of position i.e. Attorney or the name of the attorney)


Job function ManagementEmployee

Subcontractor

Name of employee orName of

subcontractor and phone number

Current job title

Desired job title

1. LicensingThe Fund

ALTAState of Florida

CountyCity

FL BarNALA

DFS

2. Escrow accountBank 1Bank 2

ManageReconciliation

Draft checksDraft checksDraft checks

Document outstanding items

Electronic verification

3. Privacy & Information Security

ManagePhysical files

Electronic filesComputers

TabletsSmartphones

CloudCopier

FaxDisposal

NotificationDisaster


Job function ManagementEmployee Subcontractor

Name of employee orname of subcontractor and phone number

Current job title

Desired job title

4. RecordingWho records

How is it recordedFollow up

4. PricingWho sets prices

Who can change prices

Settlement chargesNotification to client

5. Title PolicyWho issues

When issuedWhen deliveredWhen remitted

6. InsuranceCompany E & O

Company BusinessFidelity

BondManages

Negotiates

7. Client ComplaintsIntake

ReviewAssigns

ResolutionFollow up


Sample Outline/Table of Contents

ALTA Policy and Procedure

Section 1: Best Practice Pillar #1 - Licensing

1.01 Required licenses and registrations

Section 2: Best Practice Pillar #2 - Escrow Trust Accounting

2.01 Escrow Trust Account Controls

2.02 Escrow Account Authorizations

2.03 Account Reconciliations

2.04 Training

Section 3: Best Practice Pillar #3 - Privacy and Information Security

3.01 Information Security (IS) Program Management

3.02 Risk Identification and Assessment

3.03 Employee Training, Management, and Responsibilities

3.04 Information Security

3.05 Retention and Destruction of Personal Information

3.06 Overseeing Service Providers

3.07 Data Breach Incident Reporting

3.08 Business Continuity and Disaster Recovery

Section 4: Best Practice Pillar #4 - Settlement Process

4.01 Recording Procedures

4.02 Pricing Procedures

4.03 Training

Section 5: Best Practice Pillar #5 - Policy production, delivery, reporting and premium remittance

5.01 Title Policy Production and Delivery


5.02 Policy Reporting

5.03 Premium Remittance

Section 6: Best Practice Pillar #6 – Professional Liability Insurance and Fidelity Coverage

6.01 Professional Liability Insurance and Fidelity Coverage

Section 7: Best Practice Pillar #7 - Consumer Complaints

7.01 Recordation and Response

7.02 Reporting

7.03 Analysis and Self- Assessment

7.04 Training


Pillar 1 2 3 4 5 6 7

General LicensingEscrow/Trust Accounts

Privacy & Information Security

Recording & Pricing Procedures

Title Policy Procedures


Resolving Consumer Complaints

ManagementReviewSignDate

WhoWho will reviewGeneral OversightTrackingResponsible for data inputMaintenanceIntroduction to staffTraining

WhatLogAcknowledgementsOther information

Resources checked for review


Pillar 1 2 3 4 5 6 7

General LicensingEscrow/Trust Accounts

Privacy & Information Security

Recording & Pricing Procedures

Title Policy Procedures


Resolving Consumer Complaints

Where

State in which you practiceLocation hard copy (logs, acknowledgements and other information)Location digital copy (of same information above)Resources for review

WhenReviewHow long to retain recordsNotify supervisor

WhyPolicy should have

why it is in placeHow

Step by step
