Ethics, Fees, Bonding, and Commission Administration
Ethical core
A Louisiana notary is a public officer, not merely a signature vendor. The notary must avoid conflicts, refrain from notarizing his own signature or an act in which he is a party or has a real interest, and must not give legal advice unless licensed to practice law. Advertising must not imply attorney status. The notary must identify signers, refuse when capacity or voluntariness is doubtful, and keep confidences.
Fees and bonding
Notarial fees are regulated by statute; the notary may charge the authorized fee for the act performed and must disclose charges. Charging an unauthorized fee or splitting a fee with a non-notary for referrals is an ethics violation. The surety bond protects the public from official misconduct; it is not the notary’s personal liability insurance. A lapse in bond or commission authority requires the notary to stop acting.
Commission administration
The governor commissions notaries; the Secretary of State handles applications, examinations, and records. The notary must maintain the official seal and register, file required oaths and bond, and comply with continuing obligations. Discipline can include suspension or removal for misconduct, unauthorized practice, or failure to maintain qualifications.
Worked example
A notary charges $150 for an acknowledgment when the statutory fee is $10, and keeps the difference. The excess is an unauthorized fee. The notary must refund it and may face disciplinary action; the bond does not insulate the notary from personal liability.
Traps
Believing the bond is insurance. Assuming notarial fees are freely negotiable. Notarizing for a business in which the notary is a partner or agent.