The governor may appoint, by and with the advice and consent of the Senate,
and upon a certificate of competency by the appropriate district court as
provided in R.S. 35:191(C)(2)(d), notaries public in the different parishes.
1.1. Commissions previously issued
Notarial commissions issued prior to September 9, 1977, for any parish in
this state shall remain in effect, provided that, at the expiration of the bonds
given therewith, the bonds are renewed in the amount of five thousand dollars
and in the manner provided in this Title.
2. General powers; administration of certain oaths in any parish
A.(1) Notaries public have power within their several parishes:
(a) To make inventories, appraisements, and partitions;
(b) To receive wills, make protests, matrimonial contracts, conveyances, and
generally, all contracts and instruments of writing;
(c) To hold family meetings and meetings of creditors;
(d) To receive acknowledgements of instruments under private signature;
(e) To make affidavits of correction;
(f) To affix the seals upon the effects of deceased persons, and to raise the
same.
(2) All acts executed by a notary public, in conformity with the provisions
of Civil Code Art. 1833, shall be authentic acts.
(3) Notwithstanding any provision in the law to the contrary, a notary public
shall have power, within the parish or parishes in which he is authorized, to
exercise all of the functions of a notary public and to receive wills in which
he is named as administrator, executor, trustee, attorney for the administrator,
attorney for the executor, attorney for the trustee, attorney for a legatee,
attorney for an heir, or attorney for the estate.
B. However, each notary public of this state shall have authority to
administer oaths in any parish of the state, to swear in persons who appear to
give testimony at a deposition before a general reporter or free-lance reporter
certified under the provisions of R.S. 37:2551 et seq., and to verify
interrogatories and other pleadings to be used in the courts of record of this
state. Such oaths, and the certificates issued by such notaries shall be
received in the courts of this state and shall have legal efficacy for purposes
of the laws on perjury.
2.1. Affidavit of corrections
A. A clerical error in a notarial act affecting movable or immovable property
or any other rights, corporeal or incorporeal, may be corrected by an act of
correction executed by the notary or one of the notaries before whom the act was
passed, or by the notary who actually prepared the act containing the error. The
act of correction shall be executed by the notary before two witnesses and
another notary public.
B. The act of correction executed in compliance with this Section shall be
given retroactive effect to the date of recordation of the original act.
However, the act of correction shall not prejudice the rights acquired by any
third person before the act of correction is recorded where the third person
reasonably relied on the original act. The act of correction shall not alter the
true agreement and intent of the parties.
C. A certified copy of the act of correction executed in compliance with this
Section shall be deemed to be authentic for purposes of executory process.
D. This Section shall be in addition to other laws governing executory
process.
3. Oaths and acknowledgments
Oaths and acknowledgments, in all cases, may be taken or made by or before
any notary public duly appointed and qualified in this state.
4. Notaries connected with banks and other corporations; powers
It is lawful for any notary public who is a stockholder, director, officer,
or employe of a bank or other corporation to take the acknowledgment of any
party to any written instrument executed to or by such corporation, or to
administer an oath to any other stockholder, director, officer, employe, or
agent of such corporation, or to protest for non- acceptance or nonpayment bills
of exchange, drafts, checks, notes, and other negotiable instruments which may
be owned or held for collection by such corporation. It is unlawful for any
notary public to take the acknowledgment of an instrument by or to a bank or
other corporation of which he is a stockholder, director, officer, or employe,
where the notary is a party to such instrument, either individually or as a
representative of such corporation, or to protest any negotiable instrument
owned or held for collection by the corporation, where the notary is
individually a party to the instrument.
5. Foreign notaries; oaths, acts, and acknowledgments; effect
Oaths, acts, and acknowledgements taken, made, or executed by or before any
person purporting to be a notary public, duly appointed and duly qualified in
any other state, territory of the United States, or the District of Columbia
shall have the same force and effect without further proof of the signatures as
if taken, made, or executed by or before a notary public in Louisiana. This
Section is remedial and shall be retroactive. All oaths, acts, and
acknowledgements heretofore made in compliance with the provisions of this
Section are hereby validated.
6. Foreign notaries; acts and other instruments, effect
All acts passed before any notary public and two witnesses in the District of
Columbia, or any state of the United States other than Louisiana shall be
authentic acts and shall have the same force and effect as if passed before a
notary public in Louisiana.
7. Acts before military officers; force and effect
A. Every mortgage, sale, lease, transfer, assignment, power of attorney, or
other instrument, heretofore or hereafter executed before any commissioned
officer in the active service of the armed forces or the Coast Guard of the
United States, and bearing the signature of such officer and the proper
designation of his rank and branch of service or subdivision thereof, shall be
admissible in evidence and eligible to record in this state, and shall have the
same force and effect of an authentic act executed in Louisiana.
B. Any oath, affirmation, deposition, or affidavit, executed before any
commissioned officer in the active service of the armed forces or the Coast
Guard of the United States as herein provided, shall have the same force and
effect as if made or executed before a notary in Louisiana.
C.(1) Any testament, trust, or other legal instrument or act provided for in
Subsections A and B executed before any judge advocate, as defined in 10 U.S.C.
Section 801, or civilian attorney acting within the scope of his duties as an
employee of the Department of Defense or the Coast Guard of the United States
shall have the same force and effect as if made or executed before a notary in
Louisiana.
(2) The provisions of this Subsection apply to persons serving in or with the
armed forces or the Coast Guard of the United States and other persons eligible
for legal assistance under the provisions of 10 U.S.C. Section 1044 or pursuant
to regulations of the Department of Defense.
D. Except as otherwise provided herein, the provisions of this Section shall
not apply to any such instrument executed in any state of the United States or
in the District of Columbia by persons not serving in or with the armed forces
or the Coast Guard of the United States.
8. Recorder’s copies of instruments before military officers; effect
Whenever any original instrument executed pursuant to R.S. 35:7, has been
deposited in the office of a parish recorder of this state, the recorder is
authorized to make copies of the same which shall have the same force and effect
of authentic acts executed in this state.
9. Instruments, before ambassadors and consular officials
Every mortgage, sale, lease, transfer, assignment, power of attorney, or
other instrument, and every oath or affirmation, made or taken in any foreign
country, before any ambassador, minister, charge d’affaires, secretary of
legation, consul general, consul, vice-consul, or commercial agent, or before
one of the following officers commissioned or accredited to act at the place
where the act is made or taken, and having an official seal, to wit: any officer
of the United States, any notary public, or any commissioner or other agent of
this state having power to take acknowledgements, and every acknowledgement,
attestation or authentication of such instruments, oaths or affirmations made by
any of these officers under their official seals and signatures, shall have the
full force and effect of an authentic act executed in this state; and it shall
not be necessary that the officer be assisted by two witnesses, as in the case
of a notary executing an authentic act in this state, but the attestation, seal
and signature of the officer shall of themselves be sufficient; nor shall it be
necessary that the person appearing before the officer to execute any of these
instruments, or to take any oath or affirmation, be a resident of the place
where the officer is located. Whenever any such original instrument, oath, or
affirmation has been deposited in the office of a notary in this state, the
notary is authorized to make copies of the same, which shall have the same force
and effect as copies of authentic acts executed in this state.
10. Place of executing notarial acts
All notarial acts shall be made and executed at any place within the
jurisdictional limits of the notary.
11. Marital status of parties to be given
A. Whenever notaries pass any acts they shall give the marital status of all
parties to the act, viz: If either or any party or parties are men, they shall
be described as single, married, or widower. If married or widower the christian
and family name of wife shall be given. If either or any party or parties are
women, they shall be described as single, married or widow. If married or widow,
their christian and family name shall be given, adding that she is the wife of
or widow of … the husband’s name.
B. A declaration as to one’s marital status in an acquisition of immovable
property by the person acquiring the property creates a presumption that the
marital status as declared in the act of acquisition is correct and, except as
provided in Subsection C of this Section, any subsequent alienation,
encumbrance, or lease of the immovable by onerous title shall not be attacked on
the ground that the marital status was not as stated in the declaration.
C. Any person may file an action to attack the subsequent alienation,
encumbrance, or lease on the ground that the marital status of the party as
stated in the initial act of acquisition is false and incorrect; however, such
action to attack the alienation, encumbrance, or lease shall not affect any
right or rights acquired by a third person acting in good faith.
D. The presumption provided in Subsection B of this Section is hereby
declared to be remedial and made retroactive to any alienation, encumbrance, or
lease made prior to September 1, 1987. Any person who has a right as provided in
Subsection C of this Section, which right has not prescribed or otherwise been
extinguished or barred upon September 1, 1987 and who is adversely affected by
the provisions of Subsection C of this Section shall have six months from
September 1, 1987 to initiate an action to attack the transaction or otherwise
be forever barred from exercising his right or cause of action.
12. Christian names to be given in full, together with parties’ permanent
mailing addresses
Notaries shall insert in their acts the Christian names of the parties in
full and not their initial letters alone, together with the permanent mailing
addresses of the parties, and shall print or type the full names of the
witnesses and of themselves under their respective signatures.
13.
[Repealed by Acts 1976, No. 384, Section 1.]
14. Disbarred or suspended attorney prohibited from exercising notarial
functions
Any attorney at law, or person who was an attorney at law, who is disbarred
or suspended from the practice of law due to charges filed by the Committee on
Professional Responsibility of the Louisiana State Bar Association or who has
consented to disbarment shall not be qualified or eligible nor shall he exercise
any functions as a notary public in any parish of the state of Louisiana as long
as he remains disbarred or suspended from the practice of law in Louisiana.
Provided, however, that nothing in this Section shall apply to any action taken
against an attorney at law for failure to pay annual dues.
17. Acts affecting immovable property; municipal number or address of
property; social security number or employer identification number of
parties
A. Each person passing an act by which immovable property is conveyed,
transferred, leased, or encumbered shall recite in the description of the
property the municipal number or address thereof, if such number or address is
applicable at the time of execution of the act; however, the failure to recite
the municipal number or address shall not affect the validity of the act.
B. Notaries shall insert in their acts by which immovable property is
conveyed, transferred, leased, or encumbered, the social security number or
employer identification number of the parties thereto. The social security
number or employer identification number shall be included in the body of the
act and shall accompany the recitation of the person’s full name and permanent
mailing address. Failure to recite the social security number or employer
identification number as required herein shall not affect the validity of the
act.
CHAPTER 2. BONDS OF NOTARIES PUBLIC GENERALLY
71. Suspension of notaries; renewal of bonds; penalty
A. All notaries may be suspended by any court of competent jurisdiction for
failure to pay over money entrusted to them in their professional character, for
failure to satisfy any final judgment rendered against them in such capacity, or
for other just cause.
B. All notaries shall renew their bonds every five years except those
notaries who are bonded with a personal surety, as provided in R.S. 35:75.
Notaries with a personal surety bond shall renew their bonds upon the death of
the personal surety in accordance with the provisions of this Chapter.
C. A qualified notary, other than a licensed attorney at law, who fails to
renew his notarial bond timely shall be assessed a penalty of fifty dollars by
the secretary of state. This penalty shall be in addition to the filing fee
required for renewal of the bond.
D. Prior to the assessment of the penalty as provided for in Subsection C,
the secretary of state shall, by certified mail, notify the notary of the
penalty. The notary shall be given sixty days from the date on which said
notification is postmarked to avoid the penalty by filing his notarial bond in
accordance with law.
E. The secretary of state shall be authorized to institute collection of the
penalty.
F. The secretary of state shall be authorized to promulgate rules and
regulations, where necessary, for implementation of this Section, in accordance
with the Administrative Procedure Act.
72. Bonds; elimination of requirement
Notwithstanding any provision of law to the contrary, after August 1, 1988,
no notary, who is a licensed attorney at law, shall be required to post a bond
of any kind.
73. Bond not mortgage until suit filed and notice of lis pendens recorded
The official notarial bond, given by any notary public shall not, when
recorded as provided by law, operate as a mortgage either against the property
of the principal or of the surety or sureties thereon, unless and until a suit
has been filed against the notary to recover on the bond, and a notice of lis
pendens has been placed of record against the notary in connection with the suit
in the parish where the bond is recorded, in which case the bond shall then
operate as a mortgage against the property of both the principal and surety, or
sureties, thereon.
74. Inclusion of bonds in mortgage certificates
The clerks of court in preparing mortgage certificates shall not include
notarial bonds thereon unless an action has been commenced on the bond and a
notice of lis pendens has been filed in connection therewith as provided in R.S.
35:73.
75. Substituted notarial bond with personal surety
In all cases where notaries public throughout the state of Louisiana have
filed or recorded, or may hereafter file an d record, bonds in the offices of
the several clerks of court and ex-officio recorder of conveyances and
mortgages, and the register of conveyances and mortgages of the parish of
Orleans, with any surety company authorized to do business in the state of
Louisiana as surety, as permitted by existing laws, may, in lieu of such bonds
of any surety company aforesaid, substitute a bond with personal surety
acceptable to the presiding judge of the parish for which the notary is
commissioned. The Secretary of State shall accept said substituted notarial bond
with personal surety in lieu of notarial bond with surety company as surety.
76. Release of surety company upon acceptance of personal surety bond
The Secretary of State for the state of Louisiana, upon filing and
recordation of a notarial bond with the Secretary of State, with personal surety
in lieu of a surety company, shall upon request execute a release of the surety
company effective as of the date of the acceptance of the personal surety bond
in lieu thereof.
77. Cancellation of surety company bond
Upon presentation of such personal surety bond containing a certificate of
its sufficiency by the presiding judge of the parish of the state for which the
notary was commissioned, and certificate of approval by the Secretary of State
to any clerk of court and ex-officio recorder of conveyances and mortgages, and
the register of conveyances and mortgages of the parish of Orleans, the said
clerk, register or recorder of mortgages, shall upon application by any
interested party cancel and erase in full from the records of his office said
notarial bond with surety company as surety now or hereafter recorded in the
conveyance or mortgage records of his office.
CHAPTER 3. LEAVES OF ABSENCE
131. Grant of leave of absence; designation of substitute notary; suspension
of prescription
A. The governor may grant leave of absence to notaries public for a period
not exceeding thirty-six months, to date from the day of the permission granted
by the governor.
B. Notaries public permitted to absent themselves shall be required to name
and designate another notary public to represent them during their absence.
C. Absence from the state suspends the running of prescription against the
notary.
132. Notaries in military service, leave of absence
A leave of absence may be granted by the governor to any notary public upon
his application to the governor in writing certifying that he is a member of the
Army, Navy, Marine Corps or any other branch of the military service of the
United States, or of the State of Louisiana, and stating the expiration date of
his bond; if the notary so desires, he may name and designate another notary to
represent him during his absence, but the representation shall cease upon the
expiration of the absent notary’s bond.
133. Notaries in military service, period of leave
The period of the leaves of absence granted in accordance with R.S. 35:132
shall date from the day of the permission granted by the governor and shall
terminate sixty days after the date of discharge of the notary from the military
service of the United States or the State of Louisiana.
134. Expiration of bond during military service; renewal
When the notarial bond of a notary public expires during his term of military
service, the notary shall have sixty days from the date of his discharge from
military service in which to apply for a new bond.
CHAPTER 4. APPOINTMENT, QUALIFICATIONS, AND BONDS OF NOTARIES
191. Appointment; qualifications and bond; examination; examiners
A.(1) Any resident citizen or alien of the state, eighteen years of age or
older, may be appointed a notary public in and for the parish in which he
resides and in and for any one other parish in which he maintains an office,
provided that he meets the requirements established by law for each parish in
which he applies.
(2) Notwithstanding the provisions of Paragraph A(1) or Subsection C of this
Section, a person validly appointed notary public in the parish of his residence
may exercise any and all of the functions of a notary public in an adjacent
parish which has a population of less than thirty-five thousand and in which he
maintains an office, without additional bonding or further application or
examination, but must file with the district court for the other parish an
affidavit giving the location of his office and attesting to his appointment as
a notary public in his parish of residence. Additionally, the applicant shall
obtain a dual commission by complying with the procedures established by the
office of the secretary of state.
B. A resident citizen seeking to be appointed notary public in the parish of
his residence or possessing a valid notarial commission in and for a parish
based on his residence must be a registered voter of that parish.
C. Each applicant, otherwise qualified, may be appointed a notary public in
and for a parish upon meeting all of the following conditions:
(1) Submitting an application to be appointed a notary public to the
appropriate district court together with a certificate establishing his age,
residence, location of his office when the applicant seeks to be appointed a
notary based on such office, location of the office which was the basis for a
current appointment as a notary in any other parish, if any, and a statement as
to the applicant’s good moral character, integrity, competency, and sober
habits, sworn to and subscribed by two reputable citizens of the parish.
(2)(a) Taking and passing a written examination administered by an examining
committee composed of three notaries appointed by the district court having
jurisdiction in the parish, or in Orleans Parish the custodian of notarial
records, and one attorney, and one notary public who is not an attorney. Two of
the notaries shall be attorneys and one a notary public who is not an attorney.
However, if no person within the parish who is a non-attorney notary will accept
such appointment, the district court having jurisdiction in the parish shall
appoint an additional attorney to serve on the examining committee.
(b) The examining committee members shall be appointed to serve a term of two
years beginning October 1, 1977, and every two years thereafter. Examinations
shall be given on the second Monday in July and the second Monday in December of
each calendar year beginning in December, 1977, and may be given at such other
times as the examining committee shall determine. Application to take such
examination must be filed with the district court no later than thirty days
prior to the date as fixed herein for such examination. Results of the
examination shall be announced to each applicant within forty-five days
following the examination. If the examining committee fails to schedule and give
the examinations as herein directed, then the said committee shall automatically
be discharged and a new committee shall be appointed to fulfill the unexpired
terms in accordance with the above provisions.
(c) In Orleans Parish, the examination shall be administered at the office of
the custodian of notarial records.
(d) If found competent and possessed of the necessary qualifications, the
court shall issue to the applicant an appropriate certificate, signed by a judge
of the court.
(e) The examination provided for in this Paragraph may be dispensed with by
the court if the applicant has been duly admitted to practice law in this state
or holds a valid notarial commission in this state.
(3) Giving bond, with good and solvent security, in the sum of five thousand
dollars conditioned for the faithful performance of all duties required by law
toward all persons who may employ him in his profession of notary.
D. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for the parish of Orleans, the parish
of St. Bernard, the parish of Plaquemines, or the parish of Jefferson is hereby
authorized and deemed eligible and qualified to exercise any and all of the
functions of a notary public in the parishes of Orleans, Plaquemines, St.
Bernard, and Jefferson.
E. Notwithstanding any other provision of law to the contrary, any person who
has been a validly appointed notary public in or for any parish for a period of
five years and who changes his residence to another parish, and in the parish of
his new residence complies with the laws governing notaries public in said
parish, except taking and passing an examination, shall be issued a notarial
commission for the parish of his new residence by the governor without advice
and consent of the Senate and may exercise the functions of notary public in
that parish.
F. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Tangipahoa,
Livingston or St. Helena is hereby authorized and deemed eligible and qualified
to exercise any and all of the functions a notary public in the parishes of
Tangipahoa, Livingston and St. Helena.
G. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Bienville,
Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse,
Ouachita, Richland, Union, or West Carroll is hereby authorized and deemed
eligible and qualified to exercise any and all of the functions of a notary
public in the parishes of Bienville, Caldwell, East Carroll, Franklin, Jackson,
Lincoln, Madison, Morehouse, Ouachita, Richland, Union, or West Carroll.
H. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for either of the parishes of Caddo or
Bossier is hereby authorized and deemed eligible and qualified to exercise any
and all of the functions of a notary public in the parishes of Caddo and
Bossier.
I. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for either of the parishes of
Catahoula or Concordia is hereby authorized and deemed eligible and qualified to
exercise any and all of the functions of a notary public in the parishes of
Catahoula and Concordia.
J. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for either of the parishes of Iberia
or St. Mary is hereby authorized and deemed eligible and qualified to exercise
any and all of the functions of a notary public in the parishes of Iberia and
St. Mary.
K. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Allen,
Beauregard, Calcasieu, Cameron, Vernon, or Jefferson Davis is hereby authorized
and deemed eligible and qualified to exercise any and all functions of a notary
public in the parishes of Allen, Beauregard, Calcasieu, Cameron, Vernon, and
Jefferson Davis. No additional bonding or further application or examination
shall be required due to the expanded jurisdictional limits authorized by this
Subsection.
L. Any notary public in and for the parish of Acadia, Lafayette, or Vermilion
is hereby authorized and qualified to exercise all of the functions of a notary
public in and for any of said parishes. No additional bonding or further
application or examination shall be required due to the expanded jurisdictional
limits authorized by this Subsection.
M. Any notary public appointed in and for the parish of Iberia or Vermilion
is hereby authorized and qualified to exercise any and all functions of a notary
public in both parishes. No additional bonding or further application or
examination shall be required due to the expanded jurisdictional limits
authorized by this Subsection.
N. Any notary public appointed in and for the parish of Ascension, East Baton
Rouge, East Feliciana, Livingston, Pointe Coupee, West Baton Rouge, or West
Feliciana is hereby authorized and qualified to exercise all of the functions of
a notary public in and for any of said parishes. No additional bonding or
further application or examination shall be required due to the expanded
jurisdictional limits authorized by this Subsection.
O. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Acadia,
Evangeline, or St. Landry is hereby authorized and deemed eligible and qualified
to exercise any and all of the functions of a notary public in the parishes of
Acadia, Evangeline, and St. Landry. No additional bonding or further application
or examination shall be required due to the expanded jurisdictional limits
authorized by this Subsection.
P. Notwithstanding any other provision of law to the contrary, each person
who is licensed to practice law in this state who is a notary public in and for
any parish in this state may exercise the functions of a notary public in every
parish in this state. The expanded jurisdictional limits authorized by this
Subsection are additional to other provisions of law. No additional bonding or
further application or examination shall be required due to the expanded
jurisdictional limits authorized by this Subsection.
Q. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for either of the parishes of
Lafayette or St. Landry is hereby authorized and qualified to exercise all of
the functions of a notary public in and for both parishes. No additional bonding
or fuon shall be required due to the expanded jurisdictional limits authorized
by this Subsection.
R. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for any of the parishes of Iberia,
St. Marorized and deemed eligible and qualified to exercise any and all of the
functions of a notary public in the parishes of Iberia, St. Martin, and St.
Mary. No additional bonding or further application or examination shall be
required due to the expanded jurisdictional limits authorized by this
Subsection.
S. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for either of the parishes of Sabine
or Vernon is hereby authorized and deemed eligible and qualified to exercise any
and all of the functions of a notary public in the parishes of Sabine and
Vernon. No additional bonding or further application or examination shall be
required due to the expanded jurisdictional limits authorized by this
Subsection.
T. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for any of the parishes of
Avoyelles, Grant, or Rapides is hereby authorized and deemed eligible and
qualified to exercise any and all of the functions of a notary public in the
parishes of Avoyelles, Grant, and Rapides. No additional bonding or further
application or examination shall be required due to the expanded jurisdictional
limits authorized by this Subsection.
U. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for the parish of St. Mary, the parish
of Assumption, the parish of Lafourche, or the parish of Terrebonne is hereby
authorized and deemed eligible and qualified to exercise any and all of the
functions of notary in the parishes of St. Mary, Assumption, Lafourche, and
Terrebonne.
192. Execution and recordation of bond; filing of certificate of
competency
A. The bond required of notaries by R.S. 35:191 shall be submitted to the
clerk of court and exofficio recorder of mortgages for the parish where the
notary will exercise the functions of his office, and, together with the
certificate of competency above provided for, shall be filed in the office of
the secretary of state. The bond shall be subscribed in favor of the governor;
approved by the clerk, except in Orleans Parish; and if secured by personal
surety, recorded in the mortgage office of the said parish in a special book
kept for that purpose. In Orleans Parish, the bond shall be approved by the
custodian of notarial records.
B. The provisions of Subsection A of this Section shall not affect the
validity of bonds given or recorded in the mortgage or conveyance office of any
parish prior to September 9, 1977.
193. Original surety company bond; necessity for recordation
In all cases where notaries public furnish bond for the faithful performance
of their duties, signed by a surety company, authorized to do business in this
state, it shall not be necessary to record the bond in the office of the
recorder of mortgages of the parish where the notary performs his duties, and in
all cases, when existing bonds or future bonds of this character are filed and
recorded in the mortgage office, they shall not operate as mortgages upon the
property of the principal.
194. Substitution of personal surety bond or special mortgage
In all cases where notaries public throughout the state have filed or
recorded bonds in the offices of the several clerks of court and ex officio
recorders of mortgages, with personal or individual surety, or who have executed
and recorded a special mortgage on immovable property, as permitted by existing
law, may, in lieu of such bonds, and in lieu of such special mortgages,
substitute a bond in the same sum with any surety company authorized to do
business in the state as surety.
195. Cancellation of personal surety bond or special mortgage
Upon presentation of the surety bond provided for in R.S. 35:194 to any clerk
of court and ex-officio recorder of mortgages, the clerk shall file the bond,
and upon application by any interested party, shall cancel and erase in full
from the records of his office any bond with personal surety recorded in the
mortgage records of his office, and likewise any special mortgage executed and
recorded by any notary public, conditioned for the faithful performance of his
duties as notary.
196. Substituted surety company bond; necessity for recordation
The surety bond provided for in R.S. 35:194 shall not be recorded in the
mortgage records of the clerks of court and ex-officio recorders of mortgages
and shall not in any event be an encumbrance against the property of any notary
making and executing such bond.
197.
[Repealed by Acts 1977, No. 451, Section 3.]
198. Liability of notary and surety; effect of surety company bond;
cancellation of bond for nonpayment
A. Nothing contained in R.S. 35:193 shall in any way affect the liability of
a notary for the failure to perform his duties, nor the liability of his surety
for any neglect thereof, or in any way alter the requirements of the recording
of bonds not signed by a surety company, or their legal effect when so recorded.
B. When the notary in Orleans Parish has given bond with a surety company,
the surety has the right to cancel the bond for nonpayment of the premium by
giving notice through registered mail to the custodian of notarial records for
the parish of Orleans. This notice must be given thirty days prior to any
anniversary date of the bond, after which anniversary date the liability of the
surety company on the bond shall cease.
199. Acts affecting property in Orleans Parish; filing acts; penalty for
violation
Notaries outside the Parish of Orleans who pass acts of sale and acts of
mortgage affecting property located in the Parish of Orleans shall, within
fifteen days after the passage of such acts, deposit them in the office of the
Custodian of Notarial Records of the Parish of Orleans, who shall receive and
file them. The custodian may charge a filing fee of not more than twenty five
cents for each act filed.
Any notary who violates the provisions of this Section is guilty of a
misdemeanor and shall be fined not more than twenty five dollars, at the
discretion of the court.
200. Limitation on actions
Actions against sureties on said bonds shall prescribe in ten years from date
of act of commission or omission.
201. Granting of commission; prerequisites
A. Before the governor shall issue to the applicant a commission of notary
public for any parish, he shall require of him the production of:
(1) The certificate provided by R.S. 35:191(C)(2)(d);
(2) His oath of office;
(3) His bond, properly executed, approved and registered as provided in R.S.
35:192; and
(4) His official signature.
B. Upon the issuing of the commission, all of the above shall be deposited in
the office of the secretary of state and annexed in the margin of a book to be
kept for that purpose by the secretary of state; provided however, for the
parish of Orleans, the secretary of state shall keep a book to be styled “The
Notarial Book of Orleans Parish.”
CHAPTER 5. NOTARIES IN ORLEANS PARISH
PART I. APPOINTMENT, BOND, AND OFFICE [REPEALED]
251. through 257.
[Repealed by Acts 1977, No. 451, Section 3.]
PART II. POWERS AND DUTIES
281. Act evidencing transfer of real property; filing with board of
assessors
Whenever an act of sale or any other act evidencing a transfer of real
property situated in the Parish of Orleans is passed before a notary public, it
shall be the duty of the notary to file a copy of any such act with the board of
assessors for the Parish of Orleans within fifteen days from the date of sale or
transfer.
282. Duplicate copy of sketch, blueprint, or survey
Whenever there is annexed to any act of sale or other act of transfer of real
estate any sketch, blue print, or survey which forms part of the act of sale or
transfer, the notary public shall have attached to the copy of such act, a
duplicate copy of the sketch, blue print, or survey.
283. Obligations under existing laws not affected
Nothing contained in R.S. 35:281 and R.S. 35:282 shall be construed as
relieving notaries public from the obligations imposed upon them to file copies
of their acts with other officials or in other offices.
284. Violations
Whoever violates the provisions of R.S. 35:281 or R.S. 35:282 shall be fined
not more than fifty dollars or imprisoned in the parish jail for not more than
sixty days, or both.
285. Deposit of original acts when property affected situated outside New
Orleans
Notaries public within the Parish of Orleans shall deposit in the office of
the clerk and recorder of the parish in which the property is situated, whenever
the property affected is situated in this state outside of the Parish of
Orleans, within fifteen days after the same shall have been passed, the original
of all acts of sale, exchange, donation and mortgage of immovable property,
passed before them, together with all resolutions, powers of attorney and other
documents annexed to or made part of the acts, and in the order of their
respective dates, first making a careful record of the acts in record books to
be kept for that purpose.
286. Violations
Notaries who contravene the provisions of R.S. 35:285 are liable to a fine of
one hundred dollars for each infraction to be recovered before any court of
competent jurisdiction, one-half for the benefit of the informer, as well as for
all such damages as the parties may suffer thereby.
287. Deputies
Every notary public in the Parish of Orleans may appoint one or more deputies
to assist him in the making of protests and delivery of notices of protests of
bills of exchange and promissory notes. Each notary shall be personally
responsible for the acts of each deputy employed by him. Each deputy shall take
an oath faithfully to perform his duties as such. The certificate of notice of
protest shall state by whom made or served.
PART III. OFFICE AND CUSTODIAN OF NOTARIAL RECORDS
321. Terms defined
As used in this Part, the terms defined in this Section shall have the
meanings here given to them, except where the context clearly indicates
otherwise.
1. “Notary” or “Notary Public” shall mean a “Notary Public in and for the
Parish of Orleans;”
2. “Custodian” means “Custodian of Notarial Records in and for the Parish of
Orleans.”
322. Appointment and qualifications; vacancies
The governor by and with the advice and consent of the senate, shall appoint
a custodian of notarial records, whose term of office shall be for four years,
and run concurrent with the governor. In the event of a vacancy in said office,
the governor by and with the advice and consent of the senate shall appoint a
custodian for the unexpired term.
The custodian shall be a duly licensed and practicing attorney at law and
notary public in the parish of Orleans, and shall be a member in good standing
of the Louisiana State Bar Association.
323. Central office; preservation of notarial records; permanent volumes
A. The custodian shall maintain a central office in the city of New Orleans
in the Civil District Court Building in quarters presently provided by the city
of New Orleans or other quarters in said courthouse to be provided in the city
of New Orleans. The custodian shall demand, take possession of, collect, keep
and preserve in this office the notarial records of notaries in the parish of
Orleans who have ceased to be such, either by death, removal or otherwise, and
shall hereafter classify these records according to their date, serial number,
and in such a manner as will most facilitate access to them.
B. (1) Every authentic act except chattel mortgages and acts relating to real
property outside of Orleans Parish, passed before a notary public in Orleans
Parish, and also every act, contract and instrument except money judgments and
chattel mortgages filed for record in the office of either the recorder of
mortgages or the register of conveyances for the parish of Orleans shall, as a
condition precedent to such filing in the office of the recorder of mortgages or
the register of conveyances for the parish of Orleans be first filed in the
office of the custodian of notarial records for the parish of Orleans. The
custodian shall endorse on each act, contract or instrument filed in his office,
the date of such filing, a serial number, and shall attach to such act, contract
or instrument a certificate of its filing, date and serial number. Such act,
contract or instrument so endorsed, shall thereafter be filed for record, if
otherwise required by law, with the recorder of mortgages or the register of
conveyances for the parish of Orleans, or both, and shall be registered and/or
recorded with the serial number furnished by the custodian, provided, however,
that nothing herein be deemed to impose upon the custodian any obligation to
file any act, contract or instrument with either the recorder of mortgages or
the register of conveyances. The recorder of mortgages and register of
conveyances for the parish of Orleans shall thereafter return said act, contract
or instrument to the custodian, showing the date of filing and time, by the
recorder of mortgages and the book and folio number, and the custodian shall
thereupon have permanent custody of the said act, contract or instrument, which
shall then be filed in his office according to the serial number endorsed
thereon by the custodian. The recorder of mortgages and register of conveyances
for the parish of Orleans shall endorse upon the certificate issued by the
custodian for each act, contract or instrument the date and time, by the
recorder of mortgages, book and folio number of its recordation or registry, and
shall furnish such certificate to the notary public or other person who caused
the same to be filed with the custodian.
(2) It shall be the duty of all notaries public filing acts for registration
and/or recordation pursuant hereto to deposit with the custodian all
certificates, tax researches, surveys and documents pertaining to any act passed
before them and this deposit must be made within sixty days of the date of
registration and/or recordation. It shall be the duty of the custodian to file
in permanent form, according to serial number, all acts, contracts and
instruments filed with him and all certificates, tax researches and documents
furnished him pertaining to all such acts.
C. (1) The custodian of notarial records shall charge the sum of five dollars
for each act, contract, or other instrument thus filed and deposited in his
office, with all such sums to be used only for the expenses and maintenance of
said office.
(2) Notwithstanding the provisions of this subsection, all veterans of the
armed forces of the United States of America shall be exempt from paying any fee
for the filing and depositing of their discharge certificates or other evidence
of honorable separation from the armed forces with the custodian of notarial
records.
(3) Notwithstanding the provisions of this Subsection, the city of New
Orleans shall be exempt from payment of any filing fees.
D. Every notary public for the parish of Orleans shall deliver for deposit to
the office of the custodian, for permanent preservation, all acts executed
before such notaries public prior to January 1, 1966, and the deposit of such
acts shall not be optional, but shall be mandatory on the part of each notary
public for the parish of Orleans. No charge shall be made by the custodian for
the deposit of bound volumes of such acts. For the deposit of unbound acts, the
custodian shall charge in accordance with the provisions of Subsection C of this
section. The deposit of such acts shall be made not later than December 31,
1972. Whenever any notary public for the parish of Orleans shall fail to comply
with the provisions aforestated then the custodian shall institute proceedings
in accordance with the provisions of Subsection F of this section.
E. Every living, qualified notary public is authorized to certify true copies
of any authentic act or any instrument under private signature hereafter or
heretofore passed before him or acknowledged before him, and to make and certify
copies, by any method, of any certificate, research, resolution, survey or other
document annexed to the original of any authentic acts passed before him, and
may certify such copies as true copies of the original document attached to the
original passed before him.
F. Whenever any notary public for the parish of Orleans shall fail to comply
with the provisions of this section then it shall be the duty of the custodian
of notarial records to institute proceedings by rule in the Civil District Court
for the parish of Orleans to require said notary public to show cause why his
notarial commission should not be forfeited and why he should not be ordered to
turn over all his notarial archives and records to the custodian of notarial
records and pay all costs of said proceedings.
G. The indexing, binding and depositing of acts, contracts and instruments of
writing executed before notaries public for the parish of Orleans, referred to
in this section shall constitute an exception to the requirements of R.S.
35:329, and nothing contained in this section or in R.S. 35:329 shall be
construed as requiring any notary public for the parish of Orleans to have an
act executed before him in multiple originals.
323.1. Microfilm records; use; separate location
A. Permission is hereby granted to the custodian to install and use microfilm
machinery and apparatus in the recordation, filing, preservation and
reproduction of all records and documents filed or deposited with the custodian
prior to July 29, 1970, and subsequent thereto.
B. Such microfilm records and documents may be used only in emergency
situations arising from fire, storm, theft, loss or any other emergency
circumstances which may render the original record or document useless. Such
microfilm records and documents shall be kept at a separate location from the
original records and documents filed with the custodian.
C. Such microfilm copy shall be deemed to be an original record for all
purposes, and shall be admissible in evidence in all courts or administrative
agencies. A facsimile, exemplification or certified copy thereof shall for all
purposes be deemed to be a transcript, exemplification or certified copy of the
original.
D. Nothing contained herein shall in any manner be construed to permit the
destruction of any notarial records presently in the possession of, or which may
hereafter come into the possession of, the custodian of notarial records.
324. Bond of custodian
The custodian shall give bond, in addition to his notarial bond, in the
amount of ten thousand dollars in favor of the governor, with one or more good
and solvent sureties approved by the presiding judge of the Civil District Court
of the Parish of Orleans, conditioned upon the faithful performance of his
duties as custodian. This bond shall be filed in the office of the Secretary of
State.
325. List of notaries
The custodian shall keep an accurate alphabetical list of all notaries public
in and for the Parish of Orleans, showing their business and residence addresses
and the expiration date of their bonds; he shall keep this list at all times
open to public inspection during his office hours, and furnish the Secretary of
State and the district attorney in and for the Parish of Orleans, annually on or
before October 1st, a certified list of all notaries in and for the Parish of
Orleans, showing the number of notaries and the number and names of those who
have ceased to be notaries, and the number and names of those whose bonds have
expired.
He shall diligently, by every means in his power, keep the list accurate and
up to date at all times, and shall immediately notify the governor and the
Secretary of State of each vacancy caused by death, resignation, removal from
Orleans Parish, or any other cause, as soon as such facts are ascertained by
him.
326. Statement furnished custodian by notaries
Each notary shall, annually, before September 1st, furnish to the custodian a
statement showing his office and residence address, the date of his bond and the
surety or sureties thereon, and their addresses. Failure to furnish this
statement shall be cause for the revocation of the commission of the notary.
327. Fee payable to custodian by notaries
Each notary shall pay an annual fee of fifteen dollars, on or before
September first of each year, to the custodian, the said fees to be used by the
custodian for expenses of his office.
328. Testing sureties on bonds; new bond; forfeiture of commission for
failure to give
The custodian shall institute proceedings by rule in the Civil District Court
of the Parish of Orleans at least once every twelve months, and oftener if he
deem it proper and necessary, without the payment of costs by the custodian, on
all notaries in the parish to test the surety on their official bonds, and
should the sureties on the official bonds so tested, be judicially declared not
good and solvent as required by law, the notary whose surety has been so
declared shall pay the costs of the rule, and shall be allowed thirty days
within which to give a new bond, and on his failure to do so within that time,
shall forfeit his commission and turn over his notarial archives and records to
the custodian, upon the payment of all costs which have been assessed against
him in any proceeding filed by the custodian under the provisions of this Part.
Whenever the notary’s commission is revoked for failure to comply with the
requirements of this Part, no judgment of any court reinstating the notary
rendered after the expiration of thirty days as hereinabove provided for, shall
be valid.
Provided, that he shall not be entitled to act as a notary during the period
of thirty days; and
Provided, further, that should anyone ceasing by removal or otherwise to be a
notary subsequently again be appointed to that office he shall be entitled to
recover and obtain his notarial records and archives from the custodian.
329. Preservation by notaries of acts, contracts and instruments; binding and
indexing; duties of custodian
Every notary shall keep and preserve in his office and under his custody, the
original of all acts, contracts and instruments of writing executed before him,
with the exception only of affidavits and instruments under private signature,
which may be acknowledged or proved before him, depositions of witnesses, and
all acts of or in connection with the voluntary surrender of children under R.S.
9:401 through 9:405 and all acts amendatory thereto, and he shall cause these
acts, contracts and instruments of writing, subject to the exceptions set forth
above, to be bound in separate, permanent book form volumes for each year, with
complete indices attached to each volume.
If the number of acts passed by a notary do not exceed fifty in any one year,
he may wait until the end of the subsequent year to have them bound, but
regardless of number, at the end of the subsequent year his acts for each of
those years shall be bound as aforesaid. These acts together with protests made
by him, will constitute the archives of his office. The custodian shall, at the
time of trial of the rule provided in R.S. 35:328, require evidence from each
notary that he has caused his acts to be bound and indexed in the manner
aforesaid, and in case it should then appear that any notary public has
neglected to comply with R.S. 35:321 through 35:335, the court shall allow the
notary thirty days within which to index and bind his acts; and on his failure
so to do within that time he shall forfeit his commission and turn over his
notarial acts and records to the custodian in the same manner as provided in
R.S. 35:328 for failure to furnish a proper bond.
330. Proceedings by custodian against absent notaries
Should the proper official be unable to find any notary upon whom he desires
to make service of process in any cause brought by the custodian under the
authority of this Part, the custodian shall advertise such cause at least three
times at intervals of not less than seven or more than ten days, in the official
journal of the Parish of Orleans, and if no appearance has been made by the
defendant notary in said cause, the custodian shall proceed against him as
against an absent defendant, as provided by law.
331. Revocation of notary’s commission for failure to furnish bond
Failure of any notary to furnish proper surety bond shall be just cause for
revocation of his notarial commission by a court of proper jurisdiction.
332. Notice by custodian of expiration date of bond
It is the duty of the custodian to notify each notary of the expiration date
of his bond, within sixty and not less than thirty days of the date of
expiration; but the failure of the custodian to give such notice shall not
prevent the custodian from proceeding to cancel the notary’s commission as
provided herein, nor shall it relieve the notary of any duties prescribed by
law.
333. Rule to revoke notary’s commission
Should any notary fail or refuse to pay the annual fee fixed by R.S. 35:327,
or fail or refuse to furnish the information required, or fail to provide the
proper bond as required by law, the custodian shall promptly file a rule in the
civil district court in and for the Parish of Orleans, or any other court of
proper jurisdiction, to have the notary’s commission revoked, and the notary
shall pay all costs of the proceeding.
334. Misdemeanor to act after expiration of bond or after surety
cancelled
It is a misdemeanor, punishable as provided in R.S. 35:335, for any notary
knowingly to act as such after the expiration of his bond, or after the surety
on his bond has been cancelled as provided by law.
335. Willful violations
The custodian or notary willfully violating the provisions of this Part shall
be fined not less than fifty dollars nor more than five hundred dollars, or
imprisoned for not less than ten days nor more than six months.
336. Deputies of custodian; appointment of archivist
A. The custodian may appoint two deputies, who shall be sworn according to
law, and such deputies, when appointed and sworn, shall have power to certify
copies of acts and records of all kinds in the office. The deputies appointed by
the custodian shall devote full time to the duties of that office and not
receive a salary that exceeds thirty-five thousand dollars per annum.
B. (1) The custodian shall employ on a part-time basis a professional
archivist to assist the custodian with the responsibilities of the office and to
insure the adequate preservation of records and documents, whose salary shall
not exceed twenty thousand dollars per annum.
(2) The archivist shall possess a baccalaureate degree in either history,
political science, philosophy, anthropology, historical geography, archeology,
French, Spanish or fine arts, and have either:
(a) At least two years of professional level experience in historical
research or college level teaching in the above academic fields; or
(b) At least two years of experience in archival operations, records
management, records preservation or other work involving locating, selecting,
acquiring, and preserving documents or other valuable papers and materials.
337. Fees, salary, and excess funds of custodian
A. The custodian may charge and receive the same fees of office as are
allowed by law to other notaries for the making and certifying of copies. The
compensation of the custodian shall not exceed thirty-five thousand dollars per
annum and any remainder of fees shall be used solely to operate and maintain the
functions of the office of notarial records.
B. Any unexpended or unencumbered funds remaining at the end of the fiscal
year to the credit of the account of monies, fees, or sums collected by the
custodian of notarial records shall be transferred by the custodian to the
general fund of the city of New Orleans.
337.1. City of New Orleans; exemption from fees
The city of New Orleans shall not be required to pay any of the fees charged
for the services of the custodian of notarial records.
338. Annual budget; submission to enumerated entities
The custodian of notarial records shall prepare a detailed annual budget at
the end of its fiscal year and submit a copy of that budget to the legislative
auditor pursuant to R.S. 24:513 et seq., and the Joint Legislative Committee on
the Budget and publish a copy, at its own expense, in the official journal of
the parish of Orleans, at his own expense commencing January 1, 1989.
CHAPTER 6. EX OFFICIO NOTARIES
391. Ex officio notaries; qualifications
Any person may be appointed an ex officio notary as authorized in this
Chapter, provided he:
(1) Is a resident citizen or alien of the state.
(2) Is eighteen years of age or older.
(3) Is able to read, write, and speak the English language and be possessed
of sufficient knowledge of the English language.
(4) Is not under interdiction or incapable of serving as an ex officio notary
because of a mental infirmity.
(5) Is not under indictment for a felony and has not been convicted of a
felony for which he has not been pardoned.
(6) Has given bond, with good and solvent security, in the sum of five
thousand dollars conditioned for the faithful performance of all duties required
by law toward all persons who may employ him in his profession of ex officio
notary.
(7) In the case of a state employee who serves as an ex officio notary in the
course and scope of his employment, records his oath of office with the
secretary of state.
392. Ex officio notaries; bond; oath
A. The bond required of all ex officio notaries, except those state employees
who serve as ex officio notaries in the course and scope of their employment,
shall be submitted to the clerk of court and ex officio recorder of mortgages
for the parish where the ex officio notary will exercise the functions of his
office, as well as filed in the office of the secretary of state. The bond shall
be subscribed in favor of the governor; approved by the clerk, except in Orleans
Parish; and if secured by personal surety, recorded in the mortgage office of
the parish in a special book kept for bonds required of all notaries. In Orleans
Parish, the bond shall be approved by the custodian of notarial records. The
bond for state employees who serve as ex officio notaries shall be maintained in
the division of administration, office of risk management.
B. The provisions governing the recordation of bonds issued by surety
companies doing business in the state, the substitution and cancellation of
personal surety bonds or special mortgages, the filing of substituted surety
company bonds, the liability of notaries and sureties, and the limitation of
actions against sureties, R.S. 35:193 through 200, shall apply to bonds issued
for the faithful performance of the duties of ex officio notaries.
C. No ex officio notary who holds such office by virtue of duties affiliated
with employment with a political subdivision of the state shall be required to
file his or her oath of office as notary with any parish clerk of court.
393. Ex officio notaries public for the Department of Public Safety and
Corrections; powers
A. Notwithstanding any provisions in the law relative to qualifications for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the secretary of the Department of Public Safety
and Corrections, the supervisors of each troop headquarters, any investigator of
the internal affairs unit of the office of state police in the Department of
Public Safety and Corrections and the executive assistant to the general counsel
of the Department of Public Safety and Corrections as ex officio notaries public
who shall perform the duties provided hereunder without charge or other
compensation. Any ex officio notary public appointed under the provisions of
this Section shall possess those notarial powers as provided by law to
administer oaths and take acknowledgements.
B. Additionally, specially designated commissioned Louisiana state police
officers assigned to intelligence, detectives, narcotics, or internal affairs,
and commissioned agents of the office of alcohol beverage control shall have the
power to administer oaths and receive sworn statements, in connection with their
official duties.
393.1. Ex officio notaries public for the Department of Public Safety and
Corrections; appointment by secretary
A. Notwithstanding any provision in the law relative to qualifications for
and limitations on the number of notaries public, the secretary of the
Department of Public Safety and Corrections is authorized to designate officers
in his office and appoint them as ex officio notaries public.
B. Each officer so appointed may exercise the functions of a notary public
only to administer oaths, receive sworn statements, and shall otherwise be
limited to matters within the official functions of the Department of Public
Safety and Corrections.
C. All acts performed by such an ex officio notary public authorized by this
Section shall be performed without charge or other compensation and without the
necessity of giving bond.
D. The secretary may suspend or terminate any appointment made pursuant to
this Section at any time, and separation from the employ of the Department of
Public Safety and Corrections shall automatically terminate the powers of such
an ex officio notary public.
394. Ex officio notaries public for the Department of Justice
A. Notwithstanding any provisions of the law relative to qualifications for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the attorney general, investigators in the
Department of Justice as ex officio notaries public. Each ex officio notary
public appointed under the provisions of this Section shall be submitted to the
Senate for confirmation.
B. Such an ex officio notary public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall otherwise
be limited to matters within the official functions of the Department of
Justice.
C. All acts performed by such an ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The attorney general may suspend or terminate any appointment made
pursuant to this Section at any time, and separation from the employ of the
Department of Justice shall automatically terminate the powers of such an ex
officio notary public.
395. Ex officio notaries public for the Department of State
A. Notwithstanding any provisions of the law relative to qualifications for
notaries public, the secretary of state is authorized to appoint not more than
six essential employees within the Department of State as ex officio notaries
public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall be
limited to matters within the official functions of the Department of State.
They shall use the official seal of the department.
C. All acts performed by such ex officio notaries public authorized by this
Section shall be performed without charge or other compensation.
396. Ex officio notaries public for the Governor’s Consumer Protection
Division
A. Notwithstanding any provisions of the law relative to qualifications for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the director of the Governor’s Consumer
Protection Division, investigative staff members in the Governor’s Consumer
Protection Division as ex officio notaries public. Each ex officio notary public
appointed under the provisions of this Section shall be submitted to the Senate
for confirmation.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall otherwise
be limited to matters within the official functions of the Governor’s Consumer
Protection Division as set forth in R.S. 51:1404.
C. All acts performed by such ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The director of the Governor’s Consumer Protection Division may suspend or
terminate any appointment made pursuant to this Section at any time, and
separation from the employ of the Governor’s Consumer Protection Division shall
automatically terminate the powers of such an ex officio notary public.
397. Ex officio notaries public for the Louisiana State Racing Commission
A. Notwithstanding any provisions of the law relative to qualifications for
notaries public, the governor, upon the recommendation of the chairman of the
Louisiana State Racing Commission, shall appoint not more than two of its
employees at each racing commission office as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall be
limited to matters within the official duties of R.S. 4:150(B)(11).
C. All acts performed by such ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The provisions of this Section shall not cause any additional cost to the
state.
398. Ex officio notaries for district attorneys
A. Notwithstanding any provisions of the law relative to qualifications for
and limitations on the number of notaries public, each district attorney may
designate an investigator in his office as administrative assistant and appoint
him as an ex officio notary public.
B. Such an ex officio notary public may exercise, in the judicial district
which the district attorney serves, the functions of a notary public only to
administer oaths and execute affidavits, acknowledgments, and other documents,
all limited to matters within the official functions of the office of district
attorney.
C. Such ex officio notary public shall fulfill the same bond requirements as
provided by law in the parish or parishes comprising the district which the
district attorney serves, provided the total amount of the bond shall not exceed
the amount required to exercise the functions of notary public in a single
parish.
D. All acts performed by such an ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
E. The district attorney may suspend or terminate an appointment made
pursuant to this Section at any time, and separation from the employ of the
district attorney shall automatically terminate the powers of such an ex officio
notary public.
F. The district attorney shall pay as an expense of his office the costs of
the notarial seal, the notarial bond, and any fees required for filing the bond.
399. Ex officio notaries for police departments
A. Notwithstanding any provisions of the law relative to qualifications of
notaries public, each chief of police may designate officers in his office and
appoint them as ex officio notaries public.
B. Each officer so appointed may exercise, in the municipality that the
police department serves, the functions of a notary public only to administer
oaths and execute affidavits, acknowledgments, and other documents, all limited
to matters within the official functions of the police department for the
enforcement of the provisions of any statute which provides for criminal
penalties and of the municipal ordinances which the police department is charged
with enforcing.
C. Each ex officio notary public shall fulfill the same bond requirements as
provided by law for notaries in the parish in which the municipality is located.
The municipality shall pay as an expense of the office of the chief of police
the costs of the notarial seal, the notarial bond, and any fees required for
filing the bond.
D. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
E. The chief of police may suspend or terminate an appointment made pursuant
to this Section at any time, and separation from the employ of the police
department shall automatically terminate the powers of the ex officio notary
public.
400. Ex officio notaries public for the United States Forest Service
A. Notwithstanding any provisions of the law relative to qualification for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the Forest Supervisor, realty specialists in the
United States Forest Service as ex officio notaries public.
B. This ex officio notary public may exercise the functions of a notary
public only to administer oaths and execute affidavits, acknowledgments, and
other documents, all limited to matters within the official functions of his
employment with the United States Forest Service.
C. All acts performed by an ex officio notary public authorized by this
Section may be performed in any parish where national forest lands are
administered, and shall be performed without charge or other compensation.
D. Separation from the employ of the United States Forest Service shall
automatically terminate the powers of this ex officio notary public.
401. Ex officio notary public for the Sabine River Authority
A. Notwithstanding any provisions of the law relative to qualification for
notaries public, the director of the Sabine River Authority may appoint one
employee of the Sabine River Authority as ex officio notary public.
B. Such ex officio notary public may exercise the functions of a notary
public only to administer oaths, receive sworn statements, and execute
affidavits, acknowledgments, and other documents, and shall be limited to
matters within the official functions of the Sabine River Authority.
C. All acts performed by such ex officio notary public authorized by this
Section may be performed only in the parishes of Sabine, DeSoto, Beauregard,
Calcasieu, Cameron, and Vernon and shall be performed without charge or other
compensation.
D. The director of the Sabine River Authority may suspend or terminate any
appointment made pursuant to this Section at any time and separation from the
employ of the Sabine River Authority shall automatically terminate the powers of
such ex officio notary public.
402. Ex officio notaries public for the vital records registry
A. Notwithstanding any other provisions of the law to the contrary governing
the qualifications and appointment of notaries public, the governor may appoint
the state registrar of vital records to serve as ex officio notary public, and
the state registrar of vital records may designate not more than three employees
in the vital records registry to serve as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to execute affidavits as required under R.S. 9:224(B) to verify
information contained in applications for a marriage license.
C. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The state registrar of vital records may suspend or terminate any notary
public he has appointed pursuant to this Section at any time, and separation
from office or employment in the office of the state registrar of vital records
of any ex officio notary public under this Section shall automatically terminate
the powers of such an ex officio notary public.
403. Ex officio notaries for hospital service district hospitals
A. Notwithstanding any provisions of the law relative to qualifications of
notaries public, the director of a hospital service district hospital, created
pursuant to the provisions of R.S. 46:1051 et seq., may appoint not more than
two employees of the hospital as ex officio notaries public.
B. Such ex officio notaries may exercise the functions of a notary public
only to administer oaths, receive sworn statements, execute affidavits,
acknowledgments, and other documents, and shall be limited to matters within the
official functions of the hospital.
C. Each ex officio notary public shall fulfill the same bond requirements as
provided by law for notaries in the parish in which the hospital is located. The
hospital shall pay as an expense of the hospital the costs of the notarial seal,
the notarial bond, and any fees required for filing the bond.
D. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
E. The director of the hospital may suspend or terminate an appointment made
pursuant to this Section at any time, and separation from the employ of the
hospital shall automatically terminate the powers of the ex officio notary
public.
404. Ex officio notaries public of the office of financial institutions
A. Notwithstanding any provisions of law relative to qualifications for
notaries public, except R.S. 35:391, the commissioner of financial institutions
may appoint two investigators in his office as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall be
limited to matters within the official functions of the office of financial
institutions. They shall use the official seal of the department.
C. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
405. Ex officio notary public for levee district police
A. Notwithstanding any provisions of law relative to qualifications for
notaries public, except R.S. 35:391, the board of commissioners of a levee
district created pursuant to the laws of this state may appoint three officers
as ex officio notaries public. For purposes of this Section, “officer” means an
employee who has attained the rank of lieutenant or a higher rank and who is a
full-time commissioned police officer of the levee district.
B. Such ex officio notary public may exercise the functions of a notary
public only to administer oaths, receive sworn statements, execute affidavits,
acknowledgments, and other documents, and shall be limited to matters within the
official functions of the law enforcement division of the levee district.
C. All acts performed by an ex officio notary public authorized by this
Section may be performed only in the parishes in which the respective levee
district has jurisdiction.
D. The board of commissioners of each levee district may suspend or terminate
an appointment made pursuant to this Section at any time, and separation from
the employ of a levee district shall automatically terminate the powers of such
an ex officio notary public.
406. Ex officio notaries public of the adult protection agency
A. Notwithstanding any provisions of law relative to qualifications for
notaries public, except R.S. 35:391:
(1) The director of the office of elderly affairs may appoint two
investigators in each region of the adult protection agency, office of elderly
affairs, office of the governor, as ex officio notaries public.
(2) The secretary of the Department of Health and Hospitals may appoint three
investigators in the adult protection agency, Department of Health and
Hospitals, as ex officio notaries public.
B. Such an ex officio notary public may exercise the functions of a notary
public only to administer oaths, receive sworn statements, and execute
affidavits and other documents, which shall be limited solely to matters within
the official functions of the adult protection agency as provided in R.S.
14:403.2.
C. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The director or secretary authorized to make such appointments may suspend
or terminate any appointment made pursuant to this Section at any time.
Separation from the employ of the adult protection agency shall automatically
terminate the powers of such an ex officio notary public.
CHAPTER 7. COMMISSIONERS [REPEALED]
451. through 460.
[Repealed by Acts 1977, No. 225, Section 1.]
CHAPTER 8. ACKNOWLEDGMENTS
PART I. ACKNOWLEDGMENTS WITHIN STATE
511. Forms of acknowledgment
Either the forms of acknowledgment now in use in this State, or the
following, may be used in the case of conveyances or other written instruments,
whenever such acknowledgment is required or authorized by law for any purpose:
(Begin in all cases by a caption specifying the state and place where the
acknowledgment is taken.
1. In the case of natural persons acting in their own right:
On this …….. day of …….., 19 …, ……….. before me personally
appeared A B (or A B and C D), to me known to be the person (or persons)
described in and who executed the foregoing instrument, and acknowledged that he
(or they) executed it as his (or their) free act and deed.
2. In the case of natural persons acting by attorney: On this …….. day of
………, 19 …, before me personally appeared A B, to me known to be the
person who executed the foregoing instrument in behalf of C D, and acknowledged
that he executed it as the free act and deed of said C D.
3. In the case of corporations or joint stock associations:
On this ……… day of ………, 19 …, before me appeared A B, to me
personally known, who, being by me duly sworn (or affirmed) did say that he is
the president (or other officer or agent of the corporation or association), of
(describing the corporation or association), and that the seal affixed to said
instrument is the corporate seal of said corporation (or association) and that
the instrument was signed and sealed in behalf of the corporation (or
association) by authority of its Board of Directors (or trustees) and that A B
acknowledged the instrument to be the free act and deed of the corporation (or
association).
(In case the corporation or association has no corporate seal, omit the words
“the seal affixed to said instrument is the corporate seal of the corporation
(or association), and that” and add, at the end of the affidavit clause, the
words “and that the corporation (or association) has no corporate seal”).
(In all cases add signature and title of the officer taking the
acknowledgment).
512. Married women, acknowledgment by
The acknowledgment of a married woman when required by law may be taken in
the same form as if she were sole and without any examination separate and apart
from her husband.
513. Officers before whom proof or acknowledgment taken in other states
The proof or acknowledgment of any deed or other written instrument required
to be proved or acknowledged in order to enable the same to be recorded or read
in evidence, when made by any person without this state and within any other
state, territory, or district of the United States, may be made before any
officer of such state, territory or district, authorized by the laws thereof to
take the proof and acknowledgment of deeds, and when so taken and certified
under his official seal, shall be entitled to be recorded in this state, and may
be read in evidence in the same manner and with like effect as proofs and
acknowledgments taken before any of the officers now authorized by law to take
such proofs and acknowledgments, and whose authority so to do is not intended to
be hereby affected.
PART II. FOREIGN ACKNOWLEDGMENTS
551. Officers before whom made
All instruments requiring acknowledgment, if acknowledged without the United
States, shall be acknowledged before an ambassador, minister, envoy or charge
d’affaires of the United States, in the country to which he is accredited, or
before one of the following officers commissioned or accredited to act at the
place where the acknowledgment is taken, and having an official seal, viz.:-any
officer of the United States; a notary public; or a commissioner or other agent
of this state having power to take acknowledgments.
552. Form of certificate of acknowledgment
Every certificate of acknowledgment, made without the United States, shall
contain the name or names of the person or persons making the acknowledgment,
the date when and the place where made, a statement of the fact that the person
or persons making the acknowledgement knew the contents of the instrument, and
acknowledged it to be his, her or their act; the certificate shall also contain
the name of the person before whom made, his official title, and be sealed with
his official seal and may be substantially in the following form:
……………. (name of country).
………… (name of city, province or other political subdivision). Before
the undersigned ……………….(naming the officer and designating his
official title) duly commissioned (or appointed) and qualified, this day
personally appeared at the place above named ……………..(naming the person
or persons acknowledging) who declared that he (she or they) knew the contents
of the foregoing instrument, and acknowledged it to be his (her or their) act.
Witness my hand and official seal this …… day of ……….
19 .. ……………(name of officer). (seal) ……………….(official
title).
When the seal affixed shall contain the names or the official style of the
officer, any error in stating, or failure to state otherwise the name or the
official style of the officer, shall not render the certificate defective.
553. Acknowledgments in form used in state
A certificate of acknowledgment of a deed or other instrument acknowledged
without the United States before any officer mentioned in R.S. 35:551 shall also
be valid if in the same form as now is or hereafter may be required by law, for
an acknowledgment within this state.
554. Interpretation and construction
This Part shall be so interpreted and construed as to effectuate its general
purpose to make uniform the law of those states which enact it.
555. Force and effect
Every acknowledgment or proof of any legal instrument and any oath or
affirmation, taken or made before a commissioner, ambassador, minister, charge
d’affaires, secretary of legation, consul general, consul, or vice consul, and
every attestation or authentication made by them, when duly certified as above
provided, shall have the force and effect of an authentic act executed in this
state.
Notary Public Law – Title 35
NOTARY PUBLIC LAW
TITLE 35
CHAPTER 1. GENERAL PROVISIONS
1. Appointment of notaries public
The governor may appoint, by and with the advice and consent of the Senate,
and upon a certificate of competency by the appropriate district court as
provided in R.S. 35:191(C)(2)(d), notaries public in the different parishes.
1.1. Commissions previously issued
Notarial commissions issued prior to September 9, 1977, for any parish in
this state shall remain in effect, provided that, at the expiration of the bonds
given therewith, the bonds are renewed in the amount of five thousand dollars
and in the manner provided in this Title.
2. General powers; administration of certain oaths in any parish
A.(1) Notaries public have power within their several parishes:
(a) To make inventories, appraisements, and partitions;
(b) To receive wills, make protests, matrimonial contracts, conveyances, and
generally, all contracts and instruments of writing;
(c) To hold family meetings and meetings of creditors;
(d) To receive acknowledgements of instruments under private signature;
(e) To make affidavits of correction;
(f) To affix the seals upon the effects of deceased persons, and to raise the
same.
(2) All acts executed by a notary public, in conformity with the provisions
of Civil Code Art. 1833, shall be authentic acts.
(3) Notwithstanding any provision in the law to the contrary, a notary public
shall have power, within the parish or parishes in which he is authorized, to
exercise all of the functions of a notary public and to receive wills in which
he is named as administrator, executor, trustee, attorney for the administrator,
attorney for the executor, attorney for the trustee, attorney for a legatee,
attorney for an heir, or attorney for the estate.
B. However, each notary public of this state shall have authority to
administer oaths in any parish of the state, to swear in persons who appear to
give testimony at a deposition before a general reporter or free-lance reporter
certified under the provisions of R.S. 37:2551 et seq., and to verify
interrogatories and other pleadings to be used in the courts of record of this
state. Such oaths, and the certificates issued by such notaries shall be
received in the courts of this state and shall have legal efficacy for purposes
of the laws on perjury.
2.1. Affidavit of corrections
A. A clerical error in a notarial act affecting movable or immovable property
or any other rights, corporeal or incorporeal, may be corrected by an act of
correction executed by the notary or one of the notaries before whom the act was
passed, or by the notary who actually prepared the act containing the error. The
act of correction shall be executed by the notary before two witnesses and
another notary public.
B. The act of correction executed in compliance with this Section shall be
given retroactive effect to the date of recordation of the original act.
However, the act of correction shall not prejudice the rights acquired by any
third person before the act of correction is recorded where the third person
reasonably relied on the original act. The act of correction shall not alter the
true agreement and intent of the parties.
C. A certified copy of the act of correction executed in compliance with this
Section shall be deemed to be authentic for purposes of executory process.
D. This Section shall be in addition to other laws governing executory
process.
3. Oaths and acknowledgments
Oaths and acknowledgments, in all cases, may be taken or made by or before
any notary public duly appointed and qualified in this state.
4. Notaries connected with banks and other corporations; powers
It is lawful for any notary public who is a stockholder, director, officer,
or employe of a bank or other corporation to take the acknowledgment of any
party to any written instrument executed to or by such corporation, or to
administer an oath to any other stockholder, director, officer, employe, or
agent of such corporation, or to protest for non- acceptance or nonpayment bills
of exchange, drafts, checks, notes, and other negotiable instruments which may
be owned or held for collection by such corporation. It is unlawful for any
notary public to take the acknowledgment of an instrument by or to a bank or
other corporation of which he is a stockholder, director, officer, or employe,
where the notary is a party to such instrument, either individually or as a
representative of such corporation, or to protest any negotiable instrument
owned or held for collection by the corporation, where the notary is
individually a party to the instrument.
5. Foreign notaries; oaths, acts, and acknowledgments; effect
Oaths, acts, and acknowledgements taken, made, or executed by or before any
person purporting to be a notary public, duly appointed and duly qualified in
any other state, territory of the United States, or the District of Columbia
shall have the same force and effect without further proof of the signatures as
if taken, made, or executed by or before a notary public in Louisiana. This
Section is remedial and shall be retroactive. All oaths, acts, and
acknowledgements heretofore made in compliance with the provisions of this
Section are hereby validated.
6. Foreign notaries; acts and other instruments, effect
All acts passed before any notary public and two witnesses in the District of
Columbia, or any state of the United States other than Louisiana shall be
authentic acts and shall have the same force and effect as if passed before a
notary public in Louisiana.
7. Acts before military officers; force and effect
A. Every mortgage, sale, lease, transfer, assignment, power of attorney, or
other instrument, heretofore or hereafter executed before any commissioned
officer in the active service of the armed forces or the Coast Guard of the
United States, and bearing the signature of such officer and the proper
designation of his rank and branch of service or subdivision thereof, shall be
admissible in evidence and eligible to record in this state, and shall have the
same force and effect of an authentic act executed in Louisiana.
B. Any oath, affirmation, deposition, or affidavit, executed before any
commissioned officer in the active service of the armed forces or the Coast
Guard of the United States as herein provided, shall have the same force and
effect as if made or executed before a notary in Louisiana.
C.(1) Any testament, trust, or other legal instrument or act provided for in
Subsections A and B executed before any judge advocate, as defined in 10 U.S.C.
Section 801, or civilian attorney acting within the scope of his duties as an
employee of the Department of Defense or the Coast Guard of the United States
shall have the same force and effect as if made or executed before a notary in
Louisiana.
(2) The provisions of this Subsection apply to persons serving in or with the
armed forces or the Coast Guard of the United States and other persons eligible
for legal assistance under the provisions of 10 U.S.C. Section 1044 or pursuant
to regulations of the Department of Defense.
D. Except as otherwise provided herein, the provisions of this Section shall
not apply to any such instrument executed in any state of the United States or
in the District of Columbia by persons not serving in or with the armed forces
or the Coast Guard of the United States.
8. Recorder’s copies of instruments before military officers; effect
Whenever any original instrument executed pursuant to R.S. 35:7, has been
deposited in the office of a parish recorder of this state, the recorder is
authorized to make copies of the same which shall have the same force and effect
of authentic acts executed in this state.
9. Instruments, before ambassadors and consular officials
Every mortgage, sale, lease, transfer, assignment, power of attorney, or
other instrument, and every oath or affirmation, made or taken in any foreign
country, before any ambassador, minister, charge d’affaires, secretary of
legation, consul general, consul, vice-consul, or commercial agent, or before
one of the following officers commissioned or accredited to act at the place
where the act is made or taken, and having an official seal, to wit: any officer
of the United States, any notary public, or any commissioner or other agent of
this state having power to take acknowledgements, and every acknowledgement,
attestation or authentication of such instruments, oaths or affirmations made by
any of these officers under their official seals and signatures, shall have the
full force and effect of an authentic act executed in this state; and it shall
not be necessary that the officer be assisted by two witnesses, as in the case
of a notary executing an authentic act in this state, but the attestation, seal
and signature of the officer shall of themselves be sufficient; nor shall it be
necessary that the person appearing before the officer to execute any of these
instruments, or to take any oath or affirmation, be a resident of the place
where the officer is located. Whenever any such original instrument, oath, or
affirmation has been deposited in the office of a notary in this state, the
notary is authorized to make copies of the same, which shall have the same force
and effect as copies of authentic acts executed in this state.
10. Place of executing notarial acts
All notarial acts shall be made and executed at any place within the
jurisdictional limits of the notary.
11. Marital status of parties to be given
A. Whenever notaries pass any acts they shall give the marital status of all
parties to the act, viz: If either or any party or parties are men, they shall
be described as single, married, or widower. If married or widower the christian
and family name of wife shall be given. If either or any party or parties are
women, they shall be described as single, married or widow. If married or widow,
their christian and family name shall be given, adding that she is the wife of
or widow of … the husband’s name.
B. A declaration as to one’s marital status in an acquisition of immovable
property by the person acquiring the property creates a presumption that the
marital status as declared in the act of acquisition is correct and, except as
provided in Subsection C of this Section, any subsequent alienation,
encumbrance, or lease of the immovable by onerous title shall not be attacked on
the ground that the marital status was not as stated in the declaration.
C. Any person may file an action to attack the subsequent alienation,
encumbrance, or lease on the ground that the marital status of the party as
stated in the initial act of acquisition is false and incorrect; however, such
action to attack the alienation, encumbrance, or lease shall not affect any
right or rights acquired by a third person acting in good faith.
D. The presumption provided in Subsection B of this Section is hereby
declared to be remedial and made retroactive to any alienation, encumbrance, or
lease made prior to September 1, 1987. Any person who has a right as provided in
Subsection C of this Section, which right has not prescribed or otherwise been
extinguished or barred upon September 1, 1987 and who is adversely affected by
the provisions of Subsection C of this Section shall have six months from
September 1, 1987 to initiate an action to attack the transaction or otherwise
be forever barred from exercising his right or cause of action.
12. Christian names to be given in full, together with parties’ permanent
mailing addresses
Notaries shall insert in their acts the Christian names of the parties in
full and not their initial letters alone, together with the permanent mailing
addresses of the parties, and shall print or type the full names of the
witnesses and of themselves under their respective signatures.
13.
[Repealed by Acts 1976, No. 384, Section 1.]
14. Disbarred or suspended attorney prohibited from exercising notarial
functions
Any attorney at law, or person who was an attorney at law, who is disbarred
or suspended from the practice of law due to charges filed by the Committee on
Professional Responsibility of the Louisiana State Bar Association or who has
consented to disbarment shall not be qualified or eligible nor shall he exercise
any functions as a notary public in any parish of the state of Louisiana as long
as he remains disbarred or suspended from the practice of law in Louisiana.
Provided, however, that nothing in this Section shall apply to any action taken
against an attorney at law for failure to pay annual dues.
17. Acts affecting immovable property; municipal number or address of
property; social security number or employer identification number of
parties
A. Each person passing an act by which immovable property is conveyed,
transferred, leased, or encumbered shall recite in the description of the
property the municipal number or address thereof, if such number or address is
applicable at the time of execution of the act; however, the failure to recite
the municipal number or address shall not affect the validity of the act.
B. Notaries shall insert in their acts by which immovable property is
conveyed, transferred, leased, or encumbered, the social security number or
employer identification number of the parties thereto. The social security
number or employer identification number shall be included in the body of the
act and shall accompany the recitation of the person’s full name and permanent
mailing address. Failure to recite the social security number or employer
identification number as required herein shall not affect the validity of the
act.
CHAPTER 2. BONDS OF NOTARIES PUBLIC GENERALLY
71. Suspension of notaries; renewal of bonds; penalty
A. All notaries may be suspended by any court of competent jurisdiction for
failure to pay over money entrusted to them in their professional character, for
failure to satisfy any final judgment rendered against them in such capacity, or
for other just cause.
B. All notaries shall renew their bonds every five years except those
notaries who are bonded with a personal surety, as provided in R.S. 35:75.
Notaries with a personal surety bond shall renew their bonds upon the death of
the personal surety in accordance with the provisions of this Chapter.
C. A qualified notary, other than a licensed attorney at law, who fails to
renew his notarial bond timely shall be assessed a penalty of fifty dollars by
the secretary of state. This penalty shall be in addition to the filing fee
required for renewal of the bond.
D. Prior to the assessment of the penalty as provided for in Subsection C,
the secretary of state shall, by certified mail, notify the notary of the
penalty. The notary shall be given sixty days from the date on which said
notification is postmarked to avoid the penalty by filing his notarial bond in
accordance with law.
E. The secretary of state shall be authorized to institute collection of the
penalty.
F. The secretary of state shall be authorized to promulgate rules and
regulations, where necessary, for implementation of this Section, in accordance
with the Administrative Procedure Act.
72. Bonds; elimination of requirement
Notwithstanding any provision of law to the contrary, after August 1, 1988,
no notary, who is a licensed attorney at law, shall be required to post a bond
of any kind.
73. Bond not mortgage until suit filed and notice of lis pendens recorded
The official notarial bond, given by any notary public shall not, when
recorded as provided by law, operate as a mortgage either against the property
of the principal or of the surety or sureties thereon, unless and until a suit
has been filed against the notary to recover on the bond, and a notice of lis
pendens has been placed of record against the notary in connection with the suit
in the parish where the bond is recorded, in which case the bond shall then
operate as a mortgage against the property of both the principal and surety, or
sureties, thereon.
74. Inclusion of bonds in mortgage certificates
The clerks of court in preparing mortgage certificates shall not include
notarial bonds thereon unless an action has been commenced on the bond and a
notice of lis pendens has been filed in connection therewith as provided in R.S.
35:73.
75. Substituted notarial bond with personal surety
In all cases where notaries public throughout the state of Louisiana have
filed or recorded, or may hereafter file an d record, bonds in the offices of
the several clerks of court and ex-officio recorder of conveyances and
mortgages, and the register of conveyances and mortgages of the parish of
Orleans, with any surety company authorized to do business in the state of
Louisiana as surety, as permitted by existing laws, may, in lieu of such bonds
of any surety company aforesaid, substitute a bond with personal surety
acceptable to the presiding judge of the parish for which the notary is
commissioned. The Secretary of State shall accept said substituted notarial bond
with personal surety in lieu of notarial bond with surety company as surety.
76. Release of surety company upon acceptance of personal surety bond
The Secretary of State for the state of Louisiana, upon filing and
recordation of a notarial bond with the Secretary of State, with personal surety
in lieu of a surety company, shall upon request execute a release of the surety
company effective as of the date of the acceptance of the personal surety bond
in lieu thereof.
77. Cancellation of surety company bond
Upon presentation of such personal surety bond containing a certificate of
its sufficiency by the presiding judge of the parish of the state for which the
notary was commissioned, and certificate of approval by the Secretary of State
to any clerk of court and ex-officio recorder of conveyances and mortgages, and
the register of conveyances and mortgages of the parish of Orleans, the said
clerk, register or recorder of mortgages, shall upon application by any
interested party cancel and erase in full from the records of his office said
notarial bond with surety company as surety now or hereafter recorded in the
conveyance or mortgage records of his office.
CHAPTER 3. LEAVES OF ABSENCE
131. Grant of leave of absence; designation of substitute notary; suspension
of prescription
A. The governor may grant leave of absence to notaries public for a period
not exceeding thirty-six months, to date from the day of the permission granted
by the governor.
B. Notaries public permitted to absent themselves shall be required to name
and designate another notary public to represent them during their absence.
C. Absence from the state suspends the running of prescription against the
notary.
132. Notaries in military service, leave of absence
A leave of absence may be granted by the governor to any notary public upon
his application to the governor in writing certifying that he is a member of the
Army, Navy, Marine Corps or any other branch of the military service of the
United States, or of the State of Louisiana, and stating the expiration date of
his bond; if the notary so desires, he may name and designate another notary to
represent him during his absence, but the representation shall cease upon the
expiration of the absent notary’s bond.
133. Notaries in military service, period of leave
The period of the leaves of absence granted in accordance with R.S. 35:132
shall date from the day of the permission granted by the governor and shall
terminate sixty days after the date of discharge of the notary from the military
service of the United States or the State of Louisiana.
134. Expiration of bond during military service; renewal
When the notarial bond of a notary public expires during his term of military
service, the notary shall have sixty days from the date of his discharge from
military service in which to apply for a new bond.
CHAPTER 4. APPOINTMENT, QUALIFICATIONS, AND BONDS OF NOTARIES
191. Appointment; qualifications and bond; examination; examiners
A.(1) Any resident citizen or alien of the state, eighteen years of age or
older, may be appointed a notary public in and for the parish in which he
resides and in and for any one other parish in which he maintains an office,
provided that he meets the requirements established by law for each parish in
which he applies.
(2) Notwithstanding the provisions of Paragraph A(1) or Subsection C of this
Section, a person validly appointed notary public in the parish of his residence
may exercise any and all of the functions of a notary public in an adjacent
parish which has a population of less than thirty-five thousand and in which he
maintains an office, without additional bonding or further application or
examination, but must file with the district court for the other parish an
affidavit giving the location of his office and attesting to his appointment as
a notary public in his parish of residence. Additionally, the applicant shall
obtain a dual commission by complying with the procedures established by the
office of the secretary of state.
B. A resident citizen seeking to be appointed notary public in the parish of
his residence or possessing a valid notarial commission in and for a parish
based on his residence must be a registered voter of that parish.
C. Each applicant, otherwise qualified, may be appointed a notary public in
and for a parish upon meeting all of the following conditions:
(1) Submitting an application to be appointed a notary public to the
appropriate district court together with a certificate establishing his age,
residence, location of his office when the applicant seeks to be appointed a
notary based on such office, location of the office which was the basis for a
current appointment as a notary in any other parish, if any, and a statement as
to the applicant’s good moral character, integrity, competency, and sober
habits, sworn to and subscribed by two reputable citizens of the parish.
(2)(a) Taking and passing a written examination administered by an examining
committee composed of three notaries appointed by the district court having
jurisdiction in the parish, or in Orleans Parish the custodian of notarial
records, and one attorney, and one notary public who is not an attorney. Two of
the notaries shall be attorneys and one a notary public who is not an attorney.
However, if no person within the parish who is a non-attorney notary will accept
such appointment, the district court having jurisdiction in the parish shall
appoint an additional attorney to serve on the examining committee.
(b) The examining committee members shall be appointed to serve a term of two
years beginning October 1, 1977, and every two years thereafter. Examinations
shall be given on the second Monday in July and the second Monday in December of
each calendar year beginning in December, 1977, and may be given at such other
times as the examining committee shall determine. Application to take such
examination must be filed with the district court no later than thirty days
prior to the date as fixed herein for such examination. Results of the
examination shall be announced to each applicant within forty-five days
following the examination. If the examining committee fails to schedule and give
the examinations as herein directed, then the said committee shall automatically
be discharged and a new committee shall be appointed to fulfill the unexpired
terms in accordance with the above provisions.
(c) In Orleans Parish, the examination shall be administered at the office of
the custodian of notarial records.
(d) If found competent and possessed of the necessary qualifications, the
court shall issue to the applicant an appropriate certificate, signed by a judge
of the court.
(e) The examination provided for in this Paragraph may be dispensed with by
the court if the applicant has been duly admitted to practice law in this state
or holds a valid notarial commission in this state.
(3) Giving bond, with good and solvent security, in the sum of five thousand
dollars conditioned for the faithful performance of all duties required by law
toward all persons who may employ him in his profession of notary.
D. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for the parish of Orleans, the parish
of St. Bernard, the parish of Plaquemines, or the parish of Jefferson is hereby
authorized and deemed eligible and qualified to exercise any and all of the
functions of a notary public in the parishes of Orleans, Plaquemines, St.
Bernard, and Jefferson.
E. Notwithstanding any other provision of law to the contrary, any person who
has been a validly appointed notary public in or for any parish for a period of
five years and who changes his residence to another parish, and in the parish of
his new residence complies with the laws governing notaries public in said
parish, except taking and passing an examination, shall be issued a notarial
commission for the parish of his new residence by the governor without advice
and consent of the Senate and may exercise the functions of notary public in
that parish.
F. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Tangipahoa,
Livingston or St. Helena is hereby authorized and deemed eligible and qualified
to exercise any and all of the functions a notary public in the parishes of
Tangipahoa, Livingston and St. Helena.
G. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Bienville,
Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse,
Ouachita, Richland, Union, or West Carroll is hereby authorized and deemed
eligible and qualified to exercise any and all of the functions of a notary
public in the parishes of Bienville, Caldwell, East Carroll, Franklin, Jackson,
Lincoln, Madison, Morehouse, Ouachita, Richland, Union, or West Carroll.
H. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for either of the parishes of Caddo or
Bossier is hereby authorized and deemed eligible and qualified to exercise any
and all of the functions of a notary public in the parishes of Caddo and
Bossier.
I. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for either of the parishes of
Catahoula or Concordia is hereby authorized and deemed eligible and qualified to
exercise any and all of the functions of a notary public in the parishes of
Catahoula and Concordia.
J. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for either of the parishes of Iberia
or St. Mary is hereby authorized and deemed eligible and qualified to exercise
any and all of the functions of a notary public in the parishes of Iberia and
St. Mary.
K. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Allen,
Beauregard, Calcasieu, Cameron, Vernon, or Jefferson Davis is hereby authorized
and deemed eligible and qualified to exercise any and all functions of a notary
public in the parishes of Allen, Beauregard, Calcasieu, Cameron, Vernon, and
Jefferson Davis. No additional bonding or further application or examination
shall be required due to the expanded jurisdictional limits authorized by this
Subsection.
L. Any notary public in and for the parish of Acadia, Lafayette, or Vermilion
is hereby authorized and qualified to exercise all of the functions of a notary
public in and for any of said parishes. No additional bonding or further
application or examination shall be required due to the expanded jurisdictional
limits authorized by this Subsection.
M. Any notary public appointed in and for the parish of Iberia or Vermilion
is hereby authorized and qualified to exercise any and all functions of a notary
public in both parishes. No additional bonding or further application or
examination shall be required due to the expanded jurisdictional limits
authorized by this Subsection.
N. Any notary public appointed in and for the parish of Ascension, East Baton
Rouge, East Feliciana, Livingston, Pointe Coupee, West Baton Rouge, or West
Feliciana is hereby authorized and qualified to exercise all of the functions of
a notary public in and for any of said parishes. No additional bonding or
further application or examination shall be required due to the expanded
jurisdictional limits authorized by this Subsection.
O. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for any of the parishes of Acadia,
Evangeline, or St. Landry is hereby authorized and deemed eligible and qualified
to exercise any and all of the functions of a notary public in the parishes of
Acadia, Evangeline, and St. Landry. No additional bonding or further application
or examination shall be required due to the expanded jurisdictional limits
authorized by this Subsection.
P. Notwithstanding any other provision of law to the contrary, each person
who is licensed to practice law in this state who is a notary public in and for
any parish in this state may exercise the functions of a notary public in every
parish in this state. The expanded jurisdictional limits authorized by this
Subsection are additional to other provisions of law. No additional bonding or
further application or examination shall be required due to the expanded
jurisdictional limits authorized by this Subsection.
Q. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for either of the parishes of
Lafayette or St. Landry is hereby authorized and qualified to exercise all of
the functions of a notary public in and for both parishes. No additional bonding
or fuon shall be required due to the expanded jurisdictional limits authorized
by this Subsection.
R. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for any of the parishes of Iberia,
St. Marorized and deemed eligible and qualified to exercise any and all of the
functions of a notary public in the parishes of Iberia, St. Martin, and St.
Mary. No additional bonding or further application or examination shall be
required due to the expanded jurisdictional limits authorized by this
Subsection.
S. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for either of the parishes of Sabine
or Vernon is hereby authorized and deemed eligible and qualified to exercise any
and all of the functions of a notary public in the parishes of Sabine and
Vernon. No additional bonding or further application or examination shall be
required due to the expanded jurisdictional limits authorized by this
Subsection.
T. Notwithstanding any other provision of law to the contrary, any person who
is a validly appointed notary public in and for any of the parishes of
Avoyelles, Grant, or Rapides is hereby authorized and deemed eligible and
qualified to exercise any and all of the functions of a notary public in the
parishes of Avoyelles, Grant, and Rapides. No additional bonding or further
application or examination shall be required due to the expanded jurisdictional
limits authorized by this Subsection.
U. Notwithstanding any other provision of law to the contrary, any person who
is validly appointed notary public in and for the parish of St. Mary, the parish
of Assumption, the parish of Lafourche, or the parish of Terrebonne is hereby
authorized and deemed eligible and qualified to exercise any and all of the
functions of notary in the parishes of St. Mary, Assumption, Lafourche, and
Terrebonne.
192. Execution and recordation of bond; filing of certificate of
competency
A. The bond required of notaries by R.S. 35:191 shall be submitted to the
clerk of court and exofficio recorder of mortgages for the parish where the
notary will exercise the functions of his office, and, together with the
certificate of competency above provided for, shall be filed in the office of
the secretary of state. The bond shall be subscribed in favor of the governor;
approved by the clerk, except in Orleans Parish; and if secured by personal
surety, recorded in the mortgage office of the said parish in a special book
kept for that purpose. In Orleans Parish, the bond shall be approved by the
custodian of notarial records.
B. The provisions of Subsection A of this Section shall not affect the
validity of bonds given or recorded in the mortgage or conveyance office of any
parish prior to September 9, 1977.
193. Original surety company bond; necessity for recordation
In all cases where notaries public furnish bond for the faithful performance
of their duties, signed by a surety company, authorized to do business in this
state, it shall not be necessary to record the bond in the office of the
recorder of mortgages of the parish where the notary performs his duties, and in
all cases, when existing bonds or future bonds of this character are filed and
recorded in the mortgage office, they shall not operate as mortgages upon the
property of the principal.
194. Substitution of personal surety bond or special mortgage
In all cases where notaries public throughout the state have filed or
recorded bonds in the offices of the several clerks of court and ex officio
recorders of mortgages, with personal or individual surety, or who have executed
and recorded a special mortgage on immovable property, as permitted by existing
law, may, in lieu of such bonds, and in lieu of such special mortgages,
substitute a bond in the same sum with any surety company authorized to do
business in the state as surety.
195. Cancellation of personal surety bond or special mortgage
Upon presentation of the surety bond provided for in R.S. 35:194 to any clerk
of court and ex-officio recorder of mortgages, the clerk shall file the bond,
and upon application by any interested party, shall cancel and erase in full
from the records of his office any bond with personal surety recorded in the
mortgage records of his office, and likewise any special mortgage executed and
recorded by any notary public, conditioned for the faithful performance of his
duties as notary.
196. Substituted surety company bond; necessity for recordation
The surety bond provided for in R.S. 35:194 shall not be recorded in the
mortgage records of the clerks of court and ex-officio recorders of mortgages
and shall not in any event be an encumbrance against the property of any notary
making and executing such bond.
197.
[Repealed by Acts 1977, No. 451, Section 3.]
198. Liability of notary and surety; effect of surety company bond;
cancellation of bond for nonpayment
A. Nothing contained in R.S. 35:193 shall in any way affect the liability of
a notary for the failure to perform his duties, nor the liability of his surety
for any neglect thereof, or in any way alter the requirements of the recording
of bonds not signed by a surety company, or their legal effect when so recorded.
B. When the notary in Orleans Parish has given bond with a surety company,
the surety has the right to cancel the bond for nonpayment of the premium by
giving notice through registered mail to the custodian of notarial records for
the parish of Orleans. This notice must be given thirty days prior to any
anniversary date of the bond, after which anniversary date the liability of the
surety company on the bond shall cease.
199. Acts affecting property in Orleans Parish; filing acts; penalty for
violation
Notaries outside the Parish of Orleans who pass acts of sale and acts of
mortgage affecting property located in the Parish of Orleans shall, within
fifteen days after the passage of such acts, deposit them in the office of the
Custodian of Notarial Records of the Parish of Orleans, who shall receive and
file them. The custodian may charge a filing fee of not more than twenty five
cents for each act filed.
Any notary who violates the provisions of this Section is guilty of a
misdemeanor and shall be fined not more than twenty five dollars, at the
discretion of the court.
200. Limitation on actions
Actions against sureties on said bonds shall prescribe in ten years from date
of act of commission or omission.
201. Granting of commission; prerequisites
A. Before the governor shall issue to the applicant a commission of notary
public for any parish, he shall require of him the production of:
(1) The certificate provided by R.S. 35:191(C)(2)(d);
(2) His oath of office;
(3) His bond, properly executed, approved and registered as provided in R.S.
35:192; and
(4) His official signature.
B. Upon the issuing of the commission, all of the above shall be deposited in
the office of the secretary of state and annexed in the margin of a book to be
kept for that purpose by the secretary of state; provided however, for the
parish of Orleans, the secretary of state shall keep a book to be styled “The
Notarial Book of Orleans Parish.”
CHAPTER 5. NOTARIES IN ORLEANS PARISH
PART I. APPOINTMENT, BOND, AND OFFICE [REPEALED]
251. through 257.
[Repealed by Acts 1977, No. 451, Section 3.]
PART II. POWERS AND DUTIES
281. Act evidencing transfer of real property; filing with board of
assessors
Whenever an act of sale or any other act evidencing a transfer of real
property situated in the Parish of Orleans is passed before a notary public, it
shall be the duty of the notary to file a copy of any such act with the board of
assessors for the Parish of Orleans within fifteen days from the date of sale or
transfer.
282. Duplicate copy of sketch, blueprint, or survey
Whenever there is annexed to any act of sale or other act of transfer of real
estate any sketch, blue print, or survey which forms part of the act of sale or
transfer, the notary public shall have attached to the copy of such act, a
duplicate copy of the sketch, blue print, or survey.
283. Obligations under existing laws not affected
Nothing contained in R.S. 35:281 and R.S. 35:282 shall be construed as
relieving notaries public from the obligations imposed upon them to file copies
of their acts with other officials or in other offices.
284. Violations
Whoever violates the provisions of R.S. 35:281 or R.S. 35:282 shall be fined
not more than fifty dollars or imprisoned in the parish jail for not more than
sixty days, or both.
285. Deposit of original acts when property affected situated outside New
Orleans
Notaries public within the Parish of Orleans shall deposit in the office of
the clerk and recorder of the parish in which the property is situated, whenever
the property affected is situated in this state outside of the Parish of
Orleans, within fifteen days after the same shall have been passed, the original
of all acts of sale, exchange, donation and mortgage of immovable property,
passed before them, together with all resolutions, powers of attorney and other
documents annexed to or made part of the acts, and in the order of their
respective dates, first making a careful record of the acts in record books to
be kept for that purpose.
286. Violations
Notaries who contravene the provisions of R.S. 35:285 are liable to a fine of
one hundred dollars for each infraction to be recovered before any court of
competent jurisdiction, one-half for the benefit of the informer, as well as for
all such damages as the parties may suffer thereby.
287. Deputies
Every notary public in the Parish of Orleans may appoint one or more deputies
to assist him in the making of protests and delivery of notices of protests of
bills of exchange and promissory notes. Each notary shall be personally
responsible for the acts of each deputy employed by him. Each deputy shall take
an oath faithfully to perform his duties as such. The certificate of notice of
protest shall state by whom made or served.
PART III. OFFICE AND CUSTODIAN OF NOTARIAL RECORDS
321. Terms defined
As used in this Part, the terms defined in this Section shall have the
meanings here given to them, except where the context clearly indicates
otherwise.
1. “Notary” or “Notary Public” shall mean a “Notary Public in and for the
Parish of Orleans;”
2. “Custodian” means “Custodian of Notarial Records in and for the Parish of
Orleans.”
322. Appointment and qualifications; vacancies
The governor by and with the advice and consent of the senate, shall appoint
a custodian of notarial records, whose term of office shall be for four years,
and run concurrent with the governor. In the event of a vacancy in said office,
the governor by and with the advice and consent of the senate shall appoint a
custodian for the unexpired term.
The custodian shall be a duly licensed and practicing attorney at law and
notary public in the parish of Orleans, and shall be a member in good standing
of the Louisiana State Bar Association.
323. Central office; preservation of notarial records; permanent volumes
A. The custodian shall maintain a central office in the city of New Orleans
in the Civil District Court Building in quarters presently provided by the city
of New Orleans or other quarters in said courthouse to be provided in the city
of New Orleans. The custodian shall demand, take possession of, collect, keep
and preserve in this office the notarial records of notaries in the parish of
Orleans who have ceased to be such, either by death, removal or otherwise, and
shall hereafter classify these records according to their date, serial number,
and in such a manner as will most facilitate access to them.
B. (1) Every authentic act except chattel mortgages and acts relating to real
property outside of Orleans Parish, passed before a notary public in Orleans
Parish, and also every act, contract and instrument except money judgments and
chattel mortgages filed for record in the office of either the recorder of
mortgages or the register of conveyances for the parish of Orleans shall, as a
condition precedent to such filing in the office of the recorder of mortgages or
the register of conveyances for the parish of Orleans be first filed in the
office of the custodian of notarial records for the parish of Orleans. The
custodian shall endorse on each act, contract or instrument filed in his office,
the date of such filing, a serial number, and shall attach to such act, contract
or instrument a certificate of its filing, date and serial number. Such act,
contract or instrument so endorsed, shall thereafter be filed for record, if
otherwise required by law, with the recorder of mortgages or the register of
conveyances for the parish of Orleans, or both, and shall be registered and/or
recorded with the serial number furnished by the custodian, provided, however,
that nothing herein be deemed to impose upon the custodian any obligation to
file any act, contract or instrument with either the recorder of mortgages or
the register of conveyances. The recorder of mortgages and register of
conveyances for the parish of Orleans shall thereafter return said act, contract
or instrument to the custodian, showing the date of filing and time, by the
recorder of mortgages and the book and folio number, and the custodian shall
thereupon have permanent custody of the said act, contract or instrument, which
shall then be filed in his office according to the serial number endorsed
thereon by the custodian. The recorder of mortgages and register of conveyances
for the parish of Orleans shall endorse upon the certificate issued by the
custodian for each act, contract or instrument the date and time, by the
recorder of mortgages, book and folio number of its recordation or registry, and
shall furnish such certificate to the notary public or other person who caused
the same to be filed with the custodian.
(2) It shall be the duty of all notaries public filing acts for registration
and/or recordation pursuant hereto to deposit with the custodian all
certificates, tax researches, surveys and documents pertaining to any act passed
before them and this deposit must be made within sixty days of the date of
registration and/or recordation. It shall be the duty of the custodian to file
in permanent form, according to serial number, all acts, contracts and
instruments filed with him and all certificates, tax researches and documents
furnished him pertaining to all such acts.
C. (1) The custodian of notarial records shall charge the sum of five dollars
for each act, contract, or other instrument thus filed and deposited in his
office, with all such sums to be used only for the expenses and maintenance of
said office.
(2) Notwithstanding the provisions of this subsection, all veterans of the
armed forces of the United States of America shall be exempt from paying any fee
for the filing and depositing of their discharge certificates or other evidence
of honorable separation from the armed forces with the custodian of notarial
records.
(3) Notwithstanding the provisions of this Subsection, the city of New
Orleans shall be exempt from payment of any filing fees.
D. Every notary public for the parish of Orleans shall deliver for deposit to
the office of the custodian, for permanent preservation, all acts executed
before such notaries public prior to January 1, 1966, and the deposit of such
acts shall not be optional, but shall be mandatory on the part of each notary
public for the parish of Orleans. No charge shall be made by the custodian for
the deposit of bound volumes of such acts. For the deposit of unbound acts, the
custodian shall charge in accordance with the provisions of Subsection C of this
section. The deposit of such acts shall be made not later than December 31,
1972. Whenever any notary public for the parish of Orleans shall fail to comply
with the provisions aforestated then the custodian shall institute proceedings
in accordance with the provisions of Subsection F of this section.
E. Every living, qualified notary public is authorized to certify true copies
of any authentic act or any instrument under private signature hereafter or
heretofore passed before him or acknowledged before him, and to make and certify
copies, by any method, of any certificate, research, resolution, survey or other
document annexed to the original of any authentic acts passed before him, and
may certify such copies as true copies of the original document attached to the
original passed before him.
F. Whenever any notary public for the parish of Orleans shall fail to comply
with the provisions of this section then it shall be the duty of the custodian
of notarial records to institute proceedings by rule in the Civil District Court
for the parish of Orleans to require said notary public to show cause why his
notarial commission should not be forfeited and why he should not be ordered to
turn over all his notarial archives and records to the custodian of notarial
records and pay all costs of said proceedings.
G. The indexing, binding and depositing of acts, contracts and instruments of
writing executed before notaries public for the parish of Orleans, referred to
in this section shall constitute an exception to the requirements of R.S.
35:329, and nothing contained in this section or in R.S. 35:329 shall be
construed as requiring any notary public for the parish of Orleans to have an
act executed before him in multiple originals.
323.1. Microfilm records; use; separate location
A. Permission is hereby granted to the custodian to install and use microfilm
machinery and apparatus in the recordation, filing, preservation and
reproduction of all records and documents filed or deposited with the custodian
prior to July 29, 1970, and subsequent thereto.
B. Such microfilm records and documents may be used only in emergency
situations arising from fire, storm, theft, loss or any other emergency
circumstances which may render the original record or document useless. Such
microfilm records and documents shall be kept at a separate location from the
original records and documents filed with the custodian.
C. Such microfilm copy shall be deemed to be an original record for all
purposes, and shall be admissible in evidence in all courts or administrative
agencies. A facsimile, exemplification or certified copy thereof shall for all
purposes be deemed to be a transcript, exemplification or certified copy of the
original.
D. Nothing contained herein shall in any manner be construed to permit the
destruction of any notarial records presently in the possession of, or which may
hereafter come into the possession of, the custodian of notarial records.
324. Bond of custodian
The custodian shall give bond, in addition to his notarial bond, in the
amount of ten thousand dollars in favor of the governor, with one or more good
and solvent sureties approved by the presiding judge of the Civil District Court
of the Parish of Orleans, conditioned upon the faithful performance of his
duties as custodian. This bond shall be filed in the office of the Secretary of
State.
325. List of notaries
The custodian shall keep an accurate alphabetical list of all notaries public
in and for the Parish of Orleans, showing their business and residence addresses
and the expiration date of their bonds; he shall keep this list at all times
open to public inspection during his office hours, and furnish the Secretary of
State and the district attorney in and for the Parish of Orleans, annually on or
before October 1st, a certified list of all notaries in and for the Parish of
Orleans, showing the number of notaries and the number and names of those who
have ceased to be notaries, and the number and names of those whose bonds have
expired.
He shall diligently, by every means in his power, keep the list accurate and
up to date at all times, and shall immediately notify the governor and the
Secretary of State of each vacancy caused by death, resignation, removal from
Orleans Parish, or any other cause, as soon as such facts are ascertained by
him.
326. Statement furnished custodian by notaries
Each notary shall, annually, before September 1st, furnish to the custodian a
statement showing his office and residence address, the date of his bond and the
surety or sureties thereon, and their addresses. Failure to furnish this
statement shall be cause for the revocation of the commission of the notary.
327. Fee payable to custodian by notaries
Each notary shall pay an annual fee of fifteen dollars, on or before
September first of each year, to the custodian, the said fees to be used by the
custodian for expenses of his office.
328. Testing sureties on bonds; new bond; forfeiture of commission for
failure to give
The custodian shall institute proceedings by rule in the Civil District Court
of the Parish of Orleans at least once every twelve months, and oftener if he
deem it proper and necessary, without the payment of costs by the custodian, on
all notaries in the parish to test the surety on their official bonds, and
should the sureties on the official bonds so tested, be judicially declared not
good and solvent as required by law, the notary whose surety has been so
declared shall pay the costs of the rule, and shall be allowed thirty days
within which to give a new bond, and on his failure to do so within that time,
shall forfeit his commission and turn over his notarial archives and records to
the custodian, upon the payment of all costs which have been assessed against
him in any proceeding filed by the custodian under the provisions of this Part.
Whenever the notary’s commission is revoked for failure to comply with the
requirements of this Part, no judgment of any court reinstating the notary
rendered after the expiration of thirty days as hereinabove provided for, shall
be valid.
Provided, that he shall not be entitled to act as a notary during the period
of thirty days; and
Provided, further, that should anyone ceasing by removal or otherwise to be a
notary subsequently again be appointed to that office he shall be entitled to
recover and obtain his notarial records and archives from the custodian.
329. Preservation by notaries of acts, contracts and instruments; binding and
indexing; duties of custodian
Every notary shall keep and preserve in his office and under his custody, the
original of all acts, contracts and instruments of writing executed before him,
with the exception only of affidavits and instruments under private signature,
which may be acknowledged or proved before him, depositions of witnesses, and
all acts of or in connection with the voluntary surrender of children under R.S.
9:401 through 9:405 and all acts amendatory thereto, and he shall cause these
acts, contracts and instruments of writing, subject to the exceptions set forth
above, to be bound in separate, permanent book form volumes for each year, with
complete indices attached to each volume.
If the number of acts passed by a notary do not exceed fifty in any one year,
he may wait until the end of the subsequent year to have them bound, but
regardless of number, at the end of the subsequent year his acts for each of
those years shall be bound as aforesaid. These acts together with protests made
by him, will constitute the archives of his office. The custodian shall, at the
time of trial of the rule provided in R.S. 35:328, require evidence from each
notary that he has caused his acts to be bound and indexed in the manner
aforesaid, and in case it should then appear that any notary public has
neglected to comply with R.S. 35:321 through 35:335, the court shall allow the
notary thirty days within which to index and bind his acts; and on his failure
so to do within that time he shall forfeit his commission and turn over his
notarial acts and records to the custodian in the same manner as provided in
R.S. 35:328 for failure to furnish a proper bond.
330. Proceedings by custodian against absent notaries
Should the proper official be unable to find any notary upon whom he desires
to make service of process in any cause brought by the custodian under the
authority of this Part, the custodian shall advertise such cause at least three
times at intervals of not less than seven or more than ten days, in the official
journal of the Parish of Orleans, and if no appearance has been made by the
defendant notary in said cause, the custodian shall proceed against him as
against an absent defendant, as provided by law.
331. Revocation of notary’s commission for failure to furnish bond
Failure of any notary to furnish proper surety bond shall be just cause for
revocation of his notarial commission by a court of proper jurisdiction.
332. Notice by custodian of expiration date of bond
It is the duty of the custodian to notify each notary of the expiration date
of his bond, within sixty and not less than thirty days of the date of
expiration; but the failure of the custodian to give such notice shall not
prevent the custodian from proceeding to cancel the notary’s commission as
provided herein, nor shall it relieve the notary of any duties prescribed by
law.
333. Rule to revoke notary’s commission
Should any notary fail or refuse to pay the annual fee fixed by R.S. 35:327,
or fail or refuse to furnish the information required, or fail to provide the
proper bond as required by law, the custodian shall promptly file a rule in the
civil district court in and for the Parish of Orleans, or any other court of
proper jurisdiction, to have the notary’s commission revoked, and the notary
shall pay all costs of the proceeding.
334. Misdemeanor to act after expiration of bond or after surety
cancelled
It is a misdemeanor, punishable as provided in R.S. 35:335, for any notary
knowingly to act as such after the expiration of his bond, or after the surety
on his bond has been cancelled as provided by law.
335. Willful violations
The custodian or notary willfully violating the provisions of this Part shall
be fined not less than fifty dollars nor more than five hundred dollars, or
imprisoned for not less than ten days nor more than six months.
336. Deputies of custodian; appointment of archivist
A. The custodian may appoint two deputies, who shall be sworn according to
law, and such deputies, when appointed and sworn, shall have power to certify
copies of acts and records of all kinds in the office. The deputies appointed by
the custodian shall devote full time to the duties of that office and not
receive a salary that exceeds thirty-five thousand dollars per annum.
B. (1) The custodian shall employ on a part-time basis a professional
archivist to assist the custodian with the responsibilities of the office and to
insure the adequate preservation of records and documents, whose salary shall
not exceed twenty thousand dollars per annum.
(2) The archivist shall possess a baccalaureate degree in either history,
political science, philosophy, anthropology, historical geography, archeology,
French, Spanish or fine arts, and have either:
(a) At least two years of professional level experience in historical
research or college level teaching in the above academic fields; or
(b) At least two years of experience in archival operations, records
management, records preservation or other work involving locating, selecting,
acquiring, and preserving documents or other valuable papers and materials.
337. Fees, salary, and excess funds of custodian
A. The custodian may charge and receive the same fees of office as are
allowed by law to other notaries for the making and certifying of copies. The
compensation of the custodian shall not exceed thirty-five thousand dollars per
annum and any remainder of fees shall be used solely to operate and maintain the
functions of the office of notarial records.
B. Any unexpended or unencumbered funds remaining at the end of the fiscal
year to the credit of the account of monies, fees, or sums collected by the
custodian of notarial records shall be transferred by the custodian to the
general fund of the city of New Orleans.
337.1. City of New Orleans; exemption from fees
The city of New Orleans shall not be required to pay any of the fees charged
for the services of the custodian of notarial records.
338. Annual budget; submission to enumerated entities
The custodian of notarial records shall prepare a detailed annual budget at
the end of its fiscal year and submit a copy of that budget to the legislative
auditor pursuant to R.S. 24:513 et seq., and the Joint Legislative Committee on
the Budget and publish a copy, at its own expense, in the official journal of
the parish of Orleans, at his own expense commencing January 1, 1989.
CHAPTER 6. EX OFFICIO NOTARIES
391. Ex officio notaries; qualifications
Any person may be appointed an ex officio notary as authorized in this
Chapter, provided he:
(1) Is a resident citizen or alien of the state.
(2) Is eighteen years of age or older.
(3) Is able to read, write, and speak the English language and be possessed
of sufficient knowledge of the English language.
(4) Is not under interdiction or incapable of serving as an ex officio notary
because of a mental infirmity.
(5) Is not under indictment for a felony and has not been convicted of a
felony for which he has not been pardoned.
(6) Has given bond, with good and solvent security, in the sum of five
thousand dollars conditioned for the faithful performance of all duties required
by law toward all persons who may employ him in his profession of ex officio
notary.
(7) In the case of a state employee who serves as an ex officio notary in the
course and scope of his employment, records his oath of office with the
secretary of state.
392. Ex officio notaries; bond; oath
A. The bond required of all ex officio notaries, except those state employees
who serve as ex officio notaries in the course and scope of their employment,
shall be submitted to the clerk of court and ex officio recorder of mortgages
for the parish where the ex officio notary will exercise the functions of his
office, as well as filed in the office of the secretary of state. The bond shall
be subscribed in favor of the governor; approved by the clerk, except in Orleans
Parish; and if secured by personal surety, recorded in the mortgage office of
the parish in a special book kept for bonds required of all notaries. In Orleans
Parish, the bond shall be approved by the custodian of notarial records. The
bond for state employees who serve as ex officio notaries shall be maintained in
the division of administration, office of risk management.
B. The provisions governing the recordation of bonds issued by surety
companies doing business in the state, the substitution and cancellation of
personal surety bonds or special mortgages, the filing of substituted surety
company bonds, the liability of notaries and sureties, and the limitation of
actions against sureties, R.S. 35:193 through 200, shall apply to bonds issued
for the faithful performance of the duties of ex officio notaries.
C. No ex officio notary who holds such office by virtue of duties affiliated
with employment with a political subdivision of the state shall be required to
file his or her oath of office as notary with any parish clerk of court.
393. Ex officio notaries public for the Department of Public Safety and
Corrections; powers
A. Notwithstanding any provisions in the law relative to qualifications for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the secretary of the Department of Public Safety
and Corrections, the supervisors of each troop headquarters, any investigator of
the internal affairs unit of the office of state police in the Department of
Public Safety and Corrections and the executive assistant to the general counsel
of the Department of Public Safety and Corrections as ex officio notaries public
who shall perform the duties provided hereunder without charge or other
compensation. Any ex officio notary public appointed under the provisions of
this Section shall possess those notarial powers as provided by law to
administer oaths and take acknowledgements.
B. Additionally, specially designated commissioned Louisiana state police
officers assigned to intelligence, detectives, narcotics, or internal affairs,
and commissioned agents of the office of alcohol beverage control shall have the
power to administer oaths and receive sworn statements, in connection with their
official duties.
393.1. Ex officio notaries public for the Department of Public Safety and
Corrections; appointment by secretary
A. Notwithstanding any provision in the law relative to qualifications for
and limitations on the number of notaries public, the secretary of the
Department of Public Safety and Corrections is authorized to designate officers
in his office and appoint them as ex officio notaries public.
B. Each officer so appointed may exercise the functions of a notary public
only to administer oaths, receive sworn statements, and shall otherwise be
limited to matters within the official functions of the Department of Public
Safety and Corrections.
C. All acts performed by such an ex officio notary public authorized by this
Section shall be performed without charge or other compensation and without the
necessity of giving bond.
D. The secretary may suspend or terminate any appointment made pursuant to
this Section at any time, and separation from the employ of the Department of
Public Safety and Corrections shall automatically terminate the powers of such
an ex officio notary public.
394. Ex officio notaries public for the Department of Justice
A. Notwithstanding any provisions of the law relative to qualifications for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the attorney general, investigators in the
Department of Justice as ex officio notaries public. Each ex officio notary
public appointed under the provisions of this Section shall be submitted to the
Senate for confirmation.
B. Such an ex officio notary public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall otherwise
be limited to matters within the official functions of the Department of
Justice.
C. All acts performed by such an ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The attorney general may suspend or terminate any appointment made
pursuant to this Section at any time, and separation from the employ of the
Department of Justice shall automatically terminate the powers of such an ex
officio notary public.
395. Ex officio notaries public for the Department of State
A. Notwithstanding any provisions of the law relative to qualifications for
notaries public, the secretary of state is authorized to appoint not more than
six essential employees within the Department of State as ex officio notaries
public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall be
limited to matters within the official functions of the Department of State.
They shall use the official seal of the department.
C. All acts performed by such ex officio notaries public authorized by this
Section shall be performed without charge or other compensation.
396. Ex officio notaries public for the Governor’s Consumer Protection
Division
A. Notwithstanding any provisions of the law relative to qualifications for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the director of the Governor’s Consumer
Protection Division, investigative staff members in the Governor’s Consumer
Protection Division as ex officio notaries public. Each ex officio notary public
appointed under the provisions of this Section shall be submitted to the Senate
for confirmation.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall otherwise
be limited to matters within the official functions of the Governor’s Consumer
Protection Division as set forth in R.S. 51:1404.
C. All acts performed by such ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The director of the Governor’s Consumer Protection Division may suspend or
terminate any appointment made pursuant to this Section at any time, and
separation from the employ of the Governor’s Consumer Protection Division shall
automatically terminate the powers of such an ex officio notary public.
397. Ex officio notaries public for the Louisiana State Racing Commission
A. Notwithstanding any provisions of the law relative to qualifications for
notaries public, the governor, upon the recommendation of the chairman of the
Louisiana State Racing Commission, shall appoint not more than two of its
employees at each racing commission office as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall be
limited to matters within the official duties of R.S. 4:150(B)(11).
C. All acts performed by such ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The provisions of this Section shall not cause any additional cost to the
state.
398. Ex officio notaries for district attorneys
A. Notwithstanding any provisions of the law relative to qualifications for
and limitations on the number of notaries public, each district attorney may
designate an investigator in his office as administrative assistant and appoint
him as an ex officio notary public.
B. Such an ex officio notary public may exercise, in the judicial district
which the district attorney serves, the functions of a notary public only to
administer oaths and execute affidavits, acknowledgments, and other documents,
all limited to matters within the official functions of the office of district
attorney.
C. Such ex officio notary public shall fulfill the same bond requirements as
provided by law in the parish or parishes comprising the district which the
district attorney serves, provided the total amount of the bond shall not exceed
the amount required to exercise the functions of notary public in a single
parish.
D. All acts performed by such an ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
E. The district attorney may suspend or terminate an appointment made
pursuant to this Section at any time, and separation from the employ of the
district attorney shall automatically terminate the powers of such an ex officio
notary public.
F. The district attorney shall pay as an expense of his office the costs of
the notarial seal, the notarial bond, and any fees required for filing the bond.
399. Ex officio notaries for police departments
A. Notwithstanding any provisions of the law relative to qualifications of
notaries public, each chief of police may designate officers in his office and
appoint them as ex officio notaries public.
B. Each officer so appointed may exercise, in the municipality that the
police department serves, the functions of a notary public only to administer
oaths and execute affidavits, acknowledgments, and other documents, all limited
to matters within the official functions of the police department for the
enforcement of the provisions of any statute which provides for criminal
penalties and of the municipal ordinances which the police department is charged
with enforcing.
C. Each ex officio notary public shall fulfill the same bond requirements as
provided by law for notaries in the parish in which the municipality is located.
The municipality shall pay as an expense of the office of the chief of police
the costs of the notarial seal, the notarial bond, and any fees required for
filing the bond.
D. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
E. The chief of police may suspend or terminate an appointment made pursuant
to this Section at any time, and separation from the employ of the police
department shall automatically terminate the powers of the ex officio notary
public.
400. Ex officio notaries public for the United States Forest Service
A. Notwithstanding any provisions of the law relative to qualification for
and limitations on the number of notaries public, the governor is authorized to
appoint, upon recommendation by the Forest Supervisor, realty specialists in the
United States Forest Service as ex officio notaries public.
B. This ex officio notary public may exercise the functions of a notary
public only to administer oaths and execute affidavits, acknowledgments, and
other documents, all limited to matters within the official functions of his
employment with the United States Forest Service.
C. All acts performed by an ex officio notary public authorized by this
Section may be performed in any parish where national forest lands are
administered, and shall be performed without charge or other compensation.
D. Separation from the employ of the United States Forest Service shall
automatically terminate the powers of this ex officio notary public.
401. Ex officio notary public for the Sabine River Authority
A. Notwithstanding any provisions of the law relative to qualification for
notaries public, the director of the Sabine River Authority may appoint one
employee of the Sabine River Authority as ex officio notary public.
B. Such ex officio notary public may exercise the functions of a notary
public only to administer oaths, receive sworn statements, and execute
affidavits, acknowledgments, and other documents, and shall be limited to
matters within the official functions of the Sabine River Authority.
C. All acts performed by such ex officio notary public authorized by this
Section may be performed only in the parishes of Sabine, DeSoto, Beauregard,
Calcasieu, Cameron, and Vernon and shall be performed without charge or other
compensation.
D. The director of the Sabine River Authority may suspend or terminate any
appointment made pursuant to this Section at any time and separation from the
employ of the Sabine River Authority shall automatically terminate the powers of
such ex officio notary public.
402. Ex officio notaries public for the vital records registry
A. Notwithstanding any other provisions of the law to the contrary governing
the qualifications and appointment of notaries public, the governor may appoint
the state registrar of vital records to serve as ex officio notary public, and
the state registrar of vital records may designate not more than three employees
in the vital records registry to serve as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to execute affidavits as required under R.S. 9:224(B) to verify
information contained in applications for a marriage license.
C. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The state registrar of vital records may suspend or terminate any notary
public he has appointed pursuant to this Section at any time, and separation
from office or employment in the office of the state registrar of vital records
of any ex officio notary public under this Section shall automatically terminate
the powers of such an ex officio notary public.
403. Ex officio notaries for hospital service district hospitals
A. Notwithstanding any provisions of the law relative to qualifications of
notaries public, the director of a hospital service district hospital, created
pursuant to the provisions of R.S. 46:1051 et seq., may appoint not more than
two employees of the hospital as ex officio notaries public.
B. Such ex officio notaries may exercise the functions of a notary public
only to administer oaths, receive sworn statements, execute affidavits,
acknowledgments, and other documents, and shall be limited to matters within the
official functions of the hospital.
C. Each ex officio notary public shall fulfill the same bond requirements as
provided by law for notaries in the parish in which the hospital is located. The
hospital shall pay as an expense of the hospital the costs of the notarial seal,
the notarial bond, and any fees required for filing the bond.
D. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
E. The director of the hospital may suspend or terminate an appointment made
pursuant to this Section at any time, and separation from the employ of the
hospital shall automatically terminate the powers of the ex officio notary
public.
404. Ex officio notaries public of the office of financial institutions
A. Notwithstanding any provisions of law relative to qualifications for
notaries public, except R.S. 35:391, the commissioner of financial institutions
may appoint two investigators in his office as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary
public only to administer oaths and receive sworn statements and shall be
limited to matters within the official functions of the office of financial
institutions. They shall use the official seal of the department.
C. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
405. Ex officio notary public for levee district police
A. Notwithstanding any provisions of law relative to qualifications for
notaries public, except R.S. 35:391, the board of commissioners of a levee
district created pursuant to the laws of this state may appoint three officers
as ex officio notaries public. For purposes of this Section, “officer” means an
employee who has attained the rank of lieutenant or a higher rank and who is a
full-time commissioned police officer of the levee district.
B. Such ex officio notary public may exercise the functions of a notary
public only to administer oaths, receive sworn statements, execute affidavits,
acknowledgments, and other documents, and shall be limited to matters within the
official functions of the law enforcement division of the levee district.
C. All acts performed by an ex officio notary public authorized by this
Section may be performed only in the parishes in which the respective levee
district has jurisdiction.
D. The board of commissioners of each levee district may suspend or terminate
an appointment made pursuant to this Section at any time, and separation from
the employ of a levee district shall automatically terminate the powers of such
an ex officio notary public.
406. Ex officio notaries public of the adult protection agency
A. Notwithstanding any provisions of law relative to qualifications for
notaries public, except R.S. 35:391:
(1) The director of the office of elderly affairs may appoint two
investigators in each region of the adult protection agency, office of elderly
affairs, office of the governor, as ex officio notaries public.
(2) The secretary of the Department of Health and Hospitals may appoint three
investigators in the adult protection agency, Department of Health and
Hospitals, as ex officio notaries public.
B. Such an ex officio notary public may exercise the functions of a notary
public only to administer oaths, receive sworn statements, and execute
affidavits and other documents, which shall be limited solely to matters within
the official functions of the adult protection agency as provided in R.S.
14:403.2.
C. All acts performed by each ex officio notary public authorized by this
Section shall be performed without charge or other compensation.
D. The director or secretary authorized to make such appointments may suspend
or terminate any appointment made pursuant to this Section at any time.
Separation from the employ of the adult protection agency shall automatically
terminate the powers of such an ex officio notary public.
CHAPTER 7. COMMISSIONERS [REPEALED]
451. through 460.
[Repealed by Acts 1977, No. 225, Section 1.]
CHAPTER 8. ACKNOWLEDGMENTS
PART I. ACKNOWLEDGMENTS WITHIN STATE
511. Forms of acknowledgment
Either the forms of acknowledgment now in use in this State, or the
following, may be used in the case of conveyances or other written instruments,
whenever such acknowledgment is required or authorized by law for any purpose:
(Begin in all cases by a caption specifying the state and place where the
acknowledgment is taken.
1. In the case of natural persons acting in their own right:
On this …….. day of …….., 19 …, ……….. before me personally
appeared A B (or A B and C D), to me known to be the person (or persons)
described in and who executed the foregoing instrument, and acknowledged that he
(or they) executed it as his (or their) free act and deed.
2. In the case of natural persons acting by attorney: On this …….. day of
………, 19 …, before me personally appeared A B, to me known to be the
person who executed the foregoing instrument in behalf of C D, and acknowledged
that he executed it as the free act and deed of said C D.
3. In the case of corporations or joint stock associations:
On this ……… day of ………, 19 …, before me appeared A B, to me
personally known, who, being by me duly sworn (or affirmed) did say that he is
the president (or other officer or agent of the corporation or association), of
(describing the corporation or association), and that the seal affixed to said
instrument is the corporate seal of said corporation (or association) and that
the instrument was signed and sealed in behalf of the corporation (or
association) by authority of its Board of Directors (or trustees) and that A B
acknowledged the instrument to be the free act and deed of the corporation (or
association).
(In case the corporation or association has no corporate seal, omit the words
“the seal affixed to said instrument is the corporate seal of the corporation
(or association), and that” and add, at the end of the affidavit clause, the
words “and that the corporation (or association) has no corporate seal”).
(In all cases add signature and title of the officer taking the
acknowledgment).
512. Married women, acknowledgment by
The acknowledgment of a married woman when required by law may be taken in
the same form as if she were sole and without any examination separate and apart
from her husband.
513. Officers before whom proof or acknowledgment taken in other states
The proof or acknowledgment of any deed or other written instrument required
to be proved or acknowledged in order to enable the same to be recorded or read
in evidence, when made by any person without this state and within any other
state, territory, or district of the United States, may be made before any
officer of such state, territory or district, authorized by the laws thereof to
take the proof and acknowledgment of deeds, and when so taken and certified
under his official seal, shall be entitled to be recorded in this state, and may
be read in evidence in the same manner and with like effect as proofs and
acknowledgments taken before any of the officers now authorized by law to take
such proofs and acknowledgments, and whose authority so to do is not intended to
be hereby affected.
PART II. FOREIGN ACKNOWLEDGMENTS
551. Officers before whom made
All instruments requiring acknowledgment, if acknowledged without the United
States, shall be acknowledged before an ambassador, minister, envoy or charge
d’affaires of the United States, in the country to which he is accredited, or
before one of the following officers commissioned or accredited to act at the
place where the acknowledgment is taken, and having an official seal, viz.:-any
officer of the United States; a notary public; or a commissioner or other agent
of this state having power to take acknowledgments.
552. Form of certificate of acknowledgment
Every certificate of acknowledgment, made without the United States, shall
contain the name or names of the person or persons making the acknowledgment,
the date when and the place where made, a statement of the fact that the person
or persons making the acknowledgement knew the contents of the instrument, and
acknowledged it to be his, her or their act; the certificate shall also contain
the name of the person before whom made, his official title, and be sealed with
his official seal and may be substantially in the following form:
……………. (name of country).
………… (name of city, province or other political subdivision). Before
the undersigned ……………….(naming the officer and designating his
official title) duly commissioned (or appointed) and qualified, this day
personally appeared at the place above named ……………..(naming the person
or persons acknowledging) who declared that he (she or they) knew the contents
of the foregoing instrument, and acknowledged it to be his (her or their) act.
Witness my hand and official seal this …… day of ……….
19 .. ……………(name of officer). (seal) ……………….(official
title).
When the seal affixed shall contain the names or the official style of the
officer, any error in stating, or failure to state otherwise the name or the
official style of the officer, shall not render the certificate defective.
553. Acknowledgments in form used in state
A certificate of acknowledgment of a deed or other instrument acknowledged
without the United States before any officer mentioned in R.S. 35:551 shall also
be valid if in the same form as now is or hereafter may be required by law, for
an acknowledgment within this state.
554. Interpretation and construction
This Part shall be so interpreted and construed as to effectuate its general
purpose to make uniform the law of those states which enact it.
555. Force and effect
Every acknowledgment or proof of any legal instrument and any oath or
affirmation, taken or made before a commissioner, ambassador, minister, charge
d’affaires, secretary of legation, consul general, consul, or vice consul, and
every attestation or authentication made by them, when duly certified as above
provided, shall have the force and effect of an authentic act executed in this
state.