LA Notary flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notary commission term

A Louisiana notary public is commissioned for a four-year term by the Secretary of State; the commission becomes effective only after the notary files the required bond and takes the oath.

Statewide commission

The notary's authority extends throughout Louisiana, but the notary must maintain and report a physical office address in the state to the Secretary of State.

Personal interest prohibition

A notary may not perform a notarial act in a matter in which the notary has a direct or indirect personal interest, nor notarize the notary's own signature.

Identity determination duty

The notary must personally determine the signer's identity by personal knowledge or satisfactory evidence; this duty cannot be delegated to a clerk or platform.

Official seal requirement

Each notarial act must bear the notary's official seal or stamp and signature; a missing seal can defeat recordation and undermine the act's validity.

Authentic act definition

Under the Civil Code, an authentic act is executed before a notary and required witnesses, signed by the parties, and is full proof of its contents absent proof of forgery.

Act under private signature

A writing signed by the parties without a notary; it binds the parties but lacks the self-authenticating force of an authentic act and may require proof of execution.

Witness requirement

When law requires witnesses to a notarial act, they must sign in the notary's presence, and the notary must record their names and capacities in the act.

Reading of the act

When statute requires the act to be read to the parties, the notary must read it or cause it to be read and note compliance in the act itself.

Act of correction

A subsequent notarial act may correct clerical errors in an earlier act, but it cannot alter the substantive rights of the parties without their consent.

Notarial certificate contents

The certificate states the date, place, signer's identity, capacity, and the notary's signature and seal; omissions may render the act defective for recordation.

Self-authentication

Under the Code of Civil Procedure and Evidence, an authentic act is admissible without extrinsic proof of execution, while a private act requires foundation testimony.

Notary subpoena duty

A notary may be subpoenaed to testify about a notarial act and must produce the journal and act; unrelated confidential information remains protected.

Prima facie certificate

The notary's certificate of acknowledgment is prima facie evidence of identity and voluntary execution; it may be rebutted by clear and convincing evidence.

Defective verification

A pleading or affidavit with a defective notarial verification may be dismissed or allowed to be amended; the defect is curable by the notary's testimony.

Parol evidence exception

Evidence of fraud, error, or duress in executing a notarial act is admissible despite the parol evidence rule and is raised by direct action.

Certified copy admissibility

A copy of a notarial act certified by the custodian or notary is admissible to the same extent as the original under the Code of Evidence.

Statutory fee limits

A notary may charge only fees authorized by statute; demanding excessive or unauthorized fees is grounds for discipline and violates the notary's oath.

Surety bond purpose

The notary's surety bond creates a fund for persons injured by the notary's misconduct; it is not insurance, and the notary remains personally liable beyond the bond.

Official journal duty

The notary must record each act's date, type, parties, and identification method in the official journal, which the notary must preserve as required by law.

Change of address report

A 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 of acts

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

Unauthorized practice

Using a notary commission to give legal advice or draft legal documents for others without a law license is a separate violation and ground for discipline.

Disciplinary grounds

Fraud, incompetence, failure to maintain the journal or bond, and conviction of a crime of moral turpitude are grounds for sanctions ranging from reprimand to revocation.

RON registration

Before performing remote online notarization, a commissioned notary must register for RON authority with the Secretary of State and comply with technology standards.

KBA and credential analysis

RON identity proofing requires knowledge-based authentication plus credential analysis of a government-issued photo ID, and the notary must record the method used.

Session recording retention

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

Tamper-evident e-seal

Remote acts require a tamper-evident electronic seal and electronic signature meeting state standards, and the certificate must state the act was performed remotely.

Signer location check

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

Audit trail requirement

The RON platform must maintain a secure audit trail with timestamps, IP addresses, and identity-verification results while protecting session confidentiality.

Connection loss rule

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

RON journal entry

For each remote act, the notary must record the identity-proofing method and recording identifier in the journal and comply with electronic records retention rules.