LA Notary cheat sheet

A Louisiana notary public is commissioned by the Secretary of State for a four-year term; the commission is not valid until the notary files the bond and takes the oath of office as required by statute.

The notary's commission is statewide, but the notary must maintain a physical office address in Louisiana and record it with the Secretary of State; a change of address must be reported.

Core duties: administer oaths and affirmations, take acknowledgments and sworn declarations, execute protests, and perform other acts authorized by the Civil Code and statutes.

A notary may not act in any matter in which the notary has a direct or indirect personal interest, and may not notarize the notary's own signature or the signature of a spouse or close relative in a transaction benefiting the notary.

The notary must require the appearance of the principal (or a lawful representative) and must determine identity by personal knowledge or satisfactory evidence; identity determination is the notary's personal responsibility.

Notarial acts must be dated and signed by the notary, and the notary must affix the official seal or stamp; a missing seal can invalidate the act for recordation purposes.

A notary who is also a licensed attorney may perform notarial acts, but the notarial function is separate from legal representation and does not authorize giving legal advice to non-clients.

Failure to maintain the official journal, bond, or seal, or performing acts outside the commission, exposes the notary to suspension, revocation, and civil liability.

Under the Louisiana Civil Code, an authentic act is a writing executed before a notary public (and two witnesses where required) in which the parties sign; it is full proof of the agreement's contents absent proof of forgery.

A notarial act that requires witnesses must be signed by the witnesses in the notary's presence; the notary must note the witnesses' names and capacities in the act.

An act under private signature is valid between the parties without a notary, but it lacks the self-authenticating force of an authentic act and may require proof of execution.

Acknowledgment of a signature by a party who cannot sign may be made by a mark or by a third party under the notary's supervision, with the notary noting the circumstances.

The notary must read or cause the act to be read to the parties when required by law, and must note compliance in the act; omission can affect the act's validity.

Notarial acts in Louisiana include acknowledgments, authentic acts, acts of protest, affidavits, and certified copies; each has distinct statutory form requirements.

For an authentic act, the notary must state the date, place, parties' identities, and the capacity in which each acts; the notary's signature and seal complete the act.

Errors in a notarial act may be corrected by a subsequent notarial act of correction, but corrections cannot alter the substantive rights of parties without their consent.

Under the Louisiana Code of Civil Procedure, an authentic act is self-authenticating and admissible without extrinsic proof of execution; a private act requires foundation testimony or other proof.

The notary may be compelled by subpoena to testify about a notarial act; the notary's journal and records are subject to discovery and may be inspected under court order.

A notarized affidavit offered in civil proceedings must show the affiant's signature and the notary's certificate; defects in the certificate may be cured by the notary's testimony.

The Code of Evidence treats certified copies of notarial acts as admissible to the same extent as the original when certified by the custodian or notary.

The notary's certificate of acknowledgment is prima facie evidence of the facts stated, including identity and voluntary execution, but may be rebutted by clear and convincing evidence.

In summary proceedings and ex parte matters, courts may require notarized verifications; a defective verification can result in dismissal or leave to amend.

A notary who is a witness in litigation may be deposed; the notary should produce the journal and act at issue and may not disclose unrelated confidential information.

The parol evidence rule does not bar evidence of fraud, error, or duress in the execution of a notarial act; such challenges are raised by direct action.

The notary must charge only fees authorized by statute; charging excessive or unauthorized fees is grounds for disciplinary action and may constitute a violation of the notary's oath.

The notary must post a surety bond in the amount required by statute (commonly $10,000 for a statewide commission) payable to the state or to persons injured by the notary's misconduct.

The bond is not insurance; it provides a fund for claims by injured parties, and the notary remains personally liable for amounts exceeding the bond.

The notary must keep an official journal of notarial acts, recording date, type of act, parties, and identification method; the journal is the notary's property and must be preserved.

The notary must report a change of name, address, or employment to the Secretary of State within the statutory period; failure may result in suspension.

Confidentiality: the notary may not disclose the contents of a notarial act except as required by law, court order, or the parties' consent.

A notary may not use the commission to practice law, give legal advice, or draft legal documents for others unless licensed to do so; unauthorized practice is a separate violation.

Grounds for discipline include fraud, incompetence, failure to maintain the journal or bond, and conviction of a crime of moral turpitude; sanctions range from reprimand to revocation.

Louisiana authorizes remote online notarization under statute; the notary must hold a valid commission and register for RON authority with the Secretary of State before performing remote acts.

Identity proofing for RON requires knowledge-based authentication (KBA) plus credential analysis of a government-issued photo ID; the notary must record the method used.

The RON session must be recorded audio-visually, and the recording must be retained for the statutory retention period (commonly five years) and made available to the Secretary of State on request.

The notary must use a tamper-evident electronic seal and an electronic signature that meets the state's technology standards; the certificate must indicate the act was performed remotely.

The notary must confirm the signer's location and that the transaction is not prohibited from remote execution under Louisiana law or federal law.

The RON platform must provide a secure audit trail, including timestamps, IP addresses, and identity-verification results, and must protect the confidentiality of the session.

If the audio-video connection is lost, the notary must suspend the act and may resume only after re-verifying identity and confirming the signer's continued intent.

The notary must retain the journal entry for each RON act, including the identity-proofing method and the recording identifier, and must comply with electronic records retention rules.