Louisiana Civil Code Notarial Acts and Instruments
Authentic act mechanics
Civil Code art. 1833 defines an authentic act as a writing executed before a notary and two witnesses, signed by each party, each witness, and the notary. The notary must actually preside; a signature stamp or mail-in acknowledgment is not an authentic act. The act is full proof of the agreement it contains. The notary should verify identities, confirm that signatures are affixed in the required order, and record any party who cannot sign.
Special instruments
A notarial testament (Civil Code arts. 1576–1578) requires the testator to sign at the end, the notary to read the will to the testator in the presence of two witnesses, the testator to declare it is his will, and the witnesses and notary to sign. A power of attorney, sale, mortgage, or acknowledgment may be authentic if the formalities are met; an acknowledgment notarized on a private act does not convert every term into an authentic act.
Defects and effects
Missing witnesses, a missing party signature, or a notary with an interest can prevent authentic status. The instrument may still operate as an act under private signature if the parties signed, but it will not carry the same proof or executory effect. Fraud, error, and duress can be shown despite an authentic act; ordinary parol contradiction is barred.
Worked example
A mortgage is signed by the debtor before a notary and one witness. The creditor later seeks executory process. The mortgage is not authentic because two witnesses were not present. It may be a private act, but it does not import a confession of judgment for executory process; the creditor must use an ordinary suit.
Traps
Confusing “notarized” with “authentic.” Assuming the notary’s certificate cures a missing witness. Forgetting that a testament has special reading and declaration requirements.