Notary Public Law and Duties
The office and its reach
Louisiana notaries are public officers commissioned by the governor, ordinarily for the parish where the applicant resides. The commission is not a parish-only license: a Louisiana notary may perform notarial acts anywhere in the state, but the seal identifies the commissioning parish. Qualifications include age, residency, good moral character, passage of the state notary examination, and filing the required surety bond before exercising the office. The Secretary of State administers applications, examinations, and commission records.
Core duties
- Administer oaths and affirmations, take acknowledgments, execute authentic acts, and certify copies where authorized.
- Use an official seal containing the notary’s name, “Notary Public,” the parish, and “State of Louisiana.”
- Keep a notarial register or journal and preserve records; furnish certified copies on lawful request.
- Identify each signer by personal knowledge or satisfactory evidence; note incapacity or inability to sign.
- Avoid the unauthorized practice of law: a non-attorney notary may draft notarial acts but may not give legal advice or represent others.
Worked example
A notary commissioned in Orleans Parish is asked to notarize an affidavit in Caddo Parish. She may do so; her authority is statewide. She signs and seals as “Notary Public, Parish of Orleans,” and the affidavit is valid. If the act affects immovable property in Caddo, the act should be recorded in Caddo Parish to affect third parties.
Traps
Do not assume the notary may act only in the commissioning parish. Do not notarize your own signature or an act in which you are a party. A missing seal or defective certificate is not cured by later informal statements.