NOTARY PUBLIC LAW

TITLE 35

CHAPTER 1. GENERAL PROVISIONS

1. Appointment of notaries public

The governor may appoint, by and with the advice and consent of the Senate, and upon a certificate of competency by the appropriate district court as provided in R.S. 35:191(C)(2)(d), notaries public in the different parishes.

1.1. Commissions previously issued

Notarial commissions issued prior to September 9, 1977, for any parish in this state shall remain in effect, provided that, at the expiration of the bonds given therewith, the bonds are renewed in the amount of five thousand dollars and in the manner provided in this Title.

2. General powers; administration of certain oaths in any parish

A.(1) Notaries public have power within their several parishes:

(a) To make inventories, appraisements, and partitions;

(b) To receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing;

(c) To hold family meetings and meetings of creditors;

(d) To receive acknowledgements of instruments under private signature;

(e) To make affidavits of correction;

(f) To affix the seals upon the effects of deceased persons, and to raise the same.

(2) All acts executed by a notary public, in conformity with the provisions of Civil Code Art. 1833, shall be authentic acts.

(3) Notwithstanding any provision in the law to the contrary, a notary public shall have power, within the parish or parishes in which he is authorized, to exercise all of the functions of a notary public and to receive wills in which he is named as administrator, executor, trustee, attorney for the administrator, attorney for the executor, attorney for the trustee, attorney for a legatee, attorney for an heir, or attorney for the estate.

B. However, each notary public of this state shall have authority to administer oaths in any parish of the state, to swear in persons who appear to give testimony at a deposition before a general reporter or free-lance reporter certified under the provisions of R.S. 37:2551 et seq., and to verify interrogatories and other pleadings to be used in the courts of record of this state. Such oaths, and the certificates issued by such notaries shall be received in the courts of this state and shall have legal efficacy for purposes of the laws on perjury.

2.1. Affidavit of corrections

A. A clerical error in a notarial act affecting movable or immovable property or any other rights, corporeal or incorporeal, may be corrected by an act of correction executed by the notary or one of the notaries before whom the act was passed, or by the notary who actually prepared the act containing the error. The act of correction shall be executed by the notary before two witnesses and another notary public.

B. The act of correction executed in compliance with this Section shall be given retroactive effect to the date of recordation of the original act. However, the act of correction shall not prejudice the rights acquired by any third person before the act of correction is recorded where the third person reasonably relied on the original act. The act of correction shall not alter the true agreement and intent of the parties.

C. A certified copy of the act of correction executed in compliance with this Section shall be deemed to be authentic for purposes of executory process.

D. This Section shall be in addition to other laws governing executory process.

3. Oaths and acknowledgments

Oaths and acknowledgments, in all cases, may be taken or made by or before any notary public duly appointed and qualified in this state.

4. Notaries connected with banks and other corporations; powers

It is lawful for any notary public who is a stockholder, director, officer, or employe of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation, or to administer an oath to any other stockholder, director, officer, employe, or agent of such corporation, or to protest for non- acceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such corporation. It is unlawful for any notary public to take the acknowledgment of an instrument by or to a bank or other corporation of which he is a stockholder, director, officer, or employe, where the notary is a party to such instrument, either individually or as a representative of such corporation, or to protest any negotiable instrument owned or held for collection by the corporation, where the notary is individually a party to the instrument.

5. Foreign notaries; oaths, acts, and acknowledgments; effect

Oaths, acts, and acknowledgements taken, made, or executed by or before any person purporting to be a notary public, duly appointed and duly qualified in any other state, territory of the United States, or the District of Columbia shall have the same force and effect without further proof of the signatures as if taken, made, or executed by or before a notary public in Louisiana. This Section is remedial and shall be retroactive. All oaths, acts, and acknowledgements heretofore made in compliance with the provisions of this Section are hereby validated.

6. Foreign notaries; acts and other instruments, effect

All acts passed before any notary public and two witnesses in the District of Columbia, or any state of the United States other than Louisiana shall be authentic acts and shall have the same force and effect as if passed before a notary public in Louisiana.

7. Acts before military officers; force and effect

A. Every mortgage, sale, lease, transfer, assignment, power of attorney, or other instrument, heretofore or hereafter executed before any commissioned officer in the active service of the armed forces or the Coast Guard of the United States, and bearing the signature of such officer and the proper designation of his rank and branch of service or subdivision thereof, shall be admissible in evidence and eligible to record in this state, and shall have the same force and effect of an authentic act executed in Louisiana.

B. Any oath, affirmation, deposition, or affidavit, executed before any commissioned officer in the active service of the armed forces or the Coast Guard of the United States as herein provided, shall have the same force and effect as if made or executed before a notary in Louisiana.

C.(1) Any testament, trust, or other legal instrument or act provided for in Subsections A and B executed before any judge advocate, as defined in 10 U.S.C. Section 801, or civilian attorney acting within the scope of his duties as an employee of the Department of Defense or the Coast Guard of the United States shall have the same force and effect as if made or executed before a notary in Louisiana.

(2) The provisions of this Subsection apply to persons serving in or with the armed forces or the Coast Guard of the United States and other persons eligible for legal assistance under the provisions of 10 U.S.C. Section 1044 or pursuant to regulations of the Department of Defense.

D. Except as otherwise provided herein, the provisions of this Section shall not apply to any such instrument executed in any state of the United States or in the District of Columbia by persons not serving in or with the armed forces or the Coast Guard of the United States.

8. Recorder's copies of instruments before military officers; effect

Whenever any original instrument executed pursuant to R.S. 35:7, has been deposited in the office of a parish recorder of this state, the recorder is authorized to make copies of the same which shall have the same force and effect of authentic acts executed in this state.

9. Instruments, before ambassadors and consular officials

Every mortgage, sale, lease, transfer, assignment, power of attorney, or other instrument, and every oath or affirmation, made or taken in any foreign country, before any ambassador, minister, charge d'affaires, secretary of legation, consul general, consul, vice-consul, or commercial agent, or before one of the following officers commissioned or accredited to act at the place where the act is made or taken, and having an official seal, to wit: any officer of the United States, any notary public, or any commissioner or other agent of this state having power to take acknowledgements, and every acknowledgement, attestation or authentication of such instruments, oaths or affirmations made by any of these officers under their official seals and signatures, shall have the full force and effect of an authentic act executed in this state; and it shall not be necessary that the officer be assisted by two witnesses, as in the case of a notary executing an authentic act in this state, but the attestation, seal and signature of the officer shall of themselves be sufficient; nor shall it be necessary that the person appearing before the officer to execute any of these instruments, or to take any oath or affirmation, be a resident of the place where the officer is located. Whenever any such original instrument, oath, or affirmation has been deposited in the office of a notary in this state, the notary is authorized to make copies of the same, which shall have the same force and effect as copies of authentic acts executed in this state.

10. Place of executing notarial acts

All notarial acts shall be made and executed at any place within the jurisdictional limits of the notary.

11. Marital status of parties to be given

A. Whenever notaries pass any acts they shall give the marital status of all parties to the act, viz: If either or any party or parties are men, they shall be described as single, married, or widower. If married or widower the christian and family name of wife shall be given. If either or any party or parties are women, they shall be described as single, married or widow. If married or widow, their christian and family name shall be given, adding that she is the wife of or widow of ... the husband's name.

B. A declaration as to one's marital status in an acquisition of immovable property by the person acquiring the property creates a presumption that the marital status as declared in the act of acquisition is correct and, except as provided in Subsection C of this Section, any subsequent alienation, encumbrance, or lease of the immovable by onerous title shall not be attacked on the ground that the marital status was not as stated in the declaration.

C. Any person may file an action to attack the subsequent alienation, encumbrance, or lease on the ground that the marital status of the party as stated in the initial act of acquisition is false and incorrect; however, such action to attack the alienation, encumbrance, or lease shall not affect any right or rights acquired by a third person acting in good faith.

D. The presumption provided in Subsection B of this Section is hereby declared to be remedial and made retroactive to any alienation, encumbrance, or lease made prior to September 1, 1987. Any person who has a right as provided in Subsection C of this Section, which right has not prescribed or otherwise been extinguished or barred upon September 1, 1987 and who is adversely affected by the provisions of Subsection C of this Section shall have six months from September 1, 1987 to initiate an action to attack the transaction or otherwise be forever barred from exercising his right or cause of action.

12. Christian names to be given in full, together with parties' permanent mailing addresses

Notaries shall insert in their acts the Christian names of the parties in full and not their initial letters alone, together with the permanent mailing addresses of the parties, and shall print or type the full names of the witnesses and of themselves under their respective signatures.

13.

[Repealed by Acts 1976, No. 384, Section 1.]

14. Disbarred or suspended attorney prohibited from exercising notarial functions

Any attorney at law, or person who was an attorney at law, who is disbarred or suspended from the practice of law due to charges filed by the Committee on Professional Responsibility of the Louisiana State Bar Association or who has consented to disbarment shall not be qualified or eligible nor shall he exercise any functions as a notary public in any parish of the state of Louisiana as long as he remains disbarred or suspended from the practice of law in Louisiana. Provided, however, that nothing in this Section shall apply to any action taken against an attorney at law for failure to pay annual dues.

17. Acts affecting immovable property; municipal number or address of property; social security number or employer identification number of parties

A. Each person passing an act by which immovable property is conveyed, transferred, leased, or encumbered shall recite in the description of the property the municipal number or address thereof, if such number or address is applicable at the time of execution of the act; however, the failure to recite the municipal number or address shall not affect the validity of the act.

B. Notaries shall insert in their acts by which immovable property is conveyed, transferred, leased, or encumbered, the social security number or employer identification number of the parties thereto. The social security number or employer identification number shall be included in the body of the act and shall accompany the recitation of the person's full name and permanent mailing address. Failure to recite the social security number or employer identification number as required herein shall not affect the validity of the act.

CHAPTER 2. BONDS OF NOTARIES PUBLIC GENERALLY

71. Suspension of notaries; renewal of bonds; penalty

A. All notaries may be suspended by any court of competent jurisdiction for failure to pay over money entrusted to them in their professional character, for failure to satisfy any final judgment rendered against them in such capacity, or for other just cause.

B. All notaries shall renew their bonds every five years except those notaries who are bonded with a personal surety, as provided in R.S. 35:75. Notaries with a personal surety bond shall renew their bonds upon the death of the personal surety in accordance with the provisions of this Chapter.

C. A qualified notary, other than a licensed attorney at law, who fails to renew his notarial bond timely shall be assessed a penalty of fifty dollars by the secretary of state. This penalty shall be in addition to the filing fee required for renewal of the bond.

D. Prior to the assessment of the penalty as provided for in Subsection C, the secretary of state shall, by certified mail, notify the notary of the penalty. The notary shall be given sixty days from the date on which said notification is postmarked to avoid the penalty by filing his notarial bond in accordance with law.

E. The secretary of state shall be authorized to institute collection of the penalty.

F. The secretary of state shall be authorized to promulgate rules and regulations, where necessary, for implementation of this Section, in accordance with the Administrative Procedure Act.

72. Bonds; elimination of requirement

Notwithstanding any provision of law to the contrary, after August 1, 1988, no notary, who is a licensed attorney at law, shall be required to post a bond of any kind.

73. Bond not mortgage until suit filed and notice of lis pendens recorded

The official notarial bond, given by any notary public shall not, when recorded as provided by law, operate as a mortgage either against the property of the principal or of the surety or sureties thereon, unless and until a suit has been filed against the notary to recover on the bond, and a notice of lis pendens has been placed of record against the notary in connection with the suit in the parish where the bond is recorded, in which case the bond shall then operate as a mortgage against the property of both the principal and surety, or sureties, thereon.

74. Inclusion of bonds in mortgage certificates

The clerks of court in preparing mortgage certificates shall not include notarial bonds thereon unless an action has been commenced on the bond and a notice of lis pendens has been filed in connection therewith as provided in R.S. 35:73.

75. Substituted notarial bond with personal surety

In all cases where notaries public throughout the state of Louisiana have filed or recorded, or may hereafter file an d record, bonds in the offices of the several clerks of court and ex-officio recorder of conveyances and mortgages, and the register of conveyances and mortgages of the parish of Orleans, with any surety company authorized to do business in the state of Louisiana as surety, as permitted by existing laws, may, in lieu of such bonds of any surety company aforesaid, substitute a bond with personal surety acceptable to the presiding judge of the parish for which the notary is commissioned. The Secretary of State shall accept said substituted notarial bond with personal surety in lieu of notarial bond with surety company as surety.

76. Release of surety company upon acceptance of personal surety bond

The Secretary of State for the state of Louisiana, upon filing and recordation of a notarial bond with the Secretary of State, with personal surety in lieu of a surety company, shall upon request execute a release of the surety company effective as of the date of the acceptance of the personal surety bond in lieu thereof.

77. Cancellation of surety company bond

Upon presentation of such personal surety bond containing a certificate of its sufficiency by the presiding judge of the parish of the state for which the notary was commissioned, and certificate of approval by the Secretary of State to any clerk of court and ex-officio recorder of conveyances and mortgages, and the register of conveyances and mortgages of the parish of Orleans, the said clerk, register or recorder of mortgages, shall upon application by any interested party cancel and erase in full from the records of his office said notarial bond with surety company as surety now or hereafter recorded in the conveyance or mortgage records of his office.

CHAPTER 3. LEAVES OF ABSENCE

131. Grant of leave of absence; designation of substitute notary; suspension of prescription

A. The governor may grant leave of absence to notaries public for a period not exceeding thirty-six months, to date from the day of the permission granted by the governor.

B. Notaries public permitted to absent themselves shall be required to name and designate another notary public to represent them during their absence.

C. Absence from the state suspends the running of prescription against the notary.

132. Notaries in military service, leave of absence

A leave of absence may be granted by the governor to any notary public upon his application to the governor in writing certifying that he is a member of the Army, Navy, Marine Corps or any other branch of the military service of the United States, or of the State of Louisiana, and stating the expiration date of his bond; if the notary so desires, he may name and designate another notary to represent him during his absence, but the representation shall cease upon the expiration of the absent notary's bond.

133. Notaries in military service, period of leave

The period of the leaves of absence granted in accordance with R.S. 35:132 shall date from the day of the permission granted by the governor and shall terminate sixty days after the date of discharge of the notary from the military service of the United States or the State of Louisiana.

134. Expiration of bond during military service; renewal

When the notarial bond of a notary public expires during his term of military service, the notary shall have sixty days from the date of his discharge from military service in which to apply for a new bond.

CHAPTER 4. APPOINTMENT, QUALIFICATIONS, AND BONDS OF NOTARIES

191. Appointment; qualifications and bond; examination; examiners

A.(1) Any resident citizen or alien of the state, eighteen years of age or older, may be appointed a notary public in and for the parish in which he resides and in and for any one other parish in which he maintains an office, provided that he meets the requirements established by law for each parish in which he applies.

(2) Notwithstanding the provisions of Paragraph A(1) or Subsection C of this Section, a person validly appointed notary public in the parish of his residence may exercise any and all of the functions of a notary public in an adjacent parish which has a population of less than thirty-five thousand and in which he maintains an office, without additional bonding or further application or examination, but must file with the district court for the other parish an affidavit giving the location of his office and attesting to his appointment as a notary public in his parish of residence. Additionally, the applicant shall obtain a dual commission by complying with the procedures established by the office of the secretary of state.

B. A resident citizen seeking to be appointed notary public in the parish of his residence or possessing a valid notarial commission in and for a parish based on his residence must be a registered voter of that parish.

C. Each applicant, otherwise qualified, may be appointed a notary public in and for a parish upon meeting all of the following conditions:

(1) Submitting an application to be appointed a notary public to the appropriate district court together with a certificate establishing his age, residence, location of his office when the applicant seeks to be appointed a notary based on such office, location of the office which was the basis for a current appointment as a notary in any other parish, if any, and a statement as to the applicant's good moral character, integrity, competency, and sober habits, sworn to and subscribed by two reputable citizens of the parish.

(2)(a) Taking and passing a written examination administered by an examining committee composed of three notaries appointed by the district court having jurisdiction in the parish, or in Orleans Parish the custodian of notarial records, and one attorney, and one notary public who is not an attorney. Two of the notaries shall be attorneys and one a notary public who is not an attorney. However, if no person within the parish who is a non-attorney notary will accept such appointment, the district court having jurisdiction in the parish shall appoint an additional attorney to serve on the examining committee.

(b) The examining committee members shall be appointed to serve a term of two years beginning October 1, 1977, and every two years thereafter. Examinations shall be given on the second Monday in July and the second Monday in December of each calendar year beginning in December, 1977, and may be given at such other times as the examining committee shall determine. Application to take such examination must be filed with the district court no later than thirty days prior to the date as fixed herein for such examination. Results of the examination shall be announced to each applicant within forty-five days following the examination. If the examining committee fails to schedule and give the examinations as herein directed, then the said committee shall automatically be discharged and a new committee shall be appointed to fulfill the unexpired terms in accordance with the above provisions.

(c) In Orleans Parish, the examination shall be administered at the office of the custodian of notarial records.

(d) If found competent and possessed of the necessary qualifications, the court shall issue to the applicant an appropriate certificate, signed by a judge of the court.

(e) The examination provided for in this Paragraph may be dispensed with by the court if the applicant has been duly admitted to practice law in this state or holds a valid notarial commission in this state.

(3) Giving bond, with good and solvent security, in the sum of five thousand dollars conditioned for the faithful performance of all duties required by law toward all persons who may employ him in his profession of notary.

D. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for the parish of Orleans, the parish of St. Bernard, the parish of Plaquemines, or the parish of Jefferson is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Orleans, Plaquemines, St. Bernard, and Jefferson.

E. Notwithstanding any other provision of law to the contrary, any person who has been a validly appointed notary public in or for any parish for a period of five years and who changes his residence to another parish, and in the parish of his new residence complies with the laws governing notaries public in said parish, except taking and passing an examination, shall be issued a notarial commission for the parish of his new residence by the governor without advice and consent of the Senate and may exercise the functions of notary public in that parish.

F. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Tangipahoa, Livingston or St. Helena is hereby authorized and deemed eligible and qualified to exercise any and all of the functions a notary public in the parishes of Tangipahoa, Livingston and St. Helena.

G. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Bienville, Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Union, or West Carroll is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Bienville, Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Union, or West Carroll.

H. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for either of the parishes of Caddo or Bossier is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Caddo and Bossier.

I. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for either of the parishes of Catahoula or Concordia is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Catahoula and Concordia.

J. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for either of the parishes of Iberia or St. Mary is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Iberia and St. Mary.

K. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Allen, Beauregard, Calcasieu, Cameron, Vernon, or Jefferson Davis is hereby authorized and deemed eligible and qualified to exercise any and all functions of a notary public in the parishes of Allen, Beauregard, Calcasieu, Cameron, Vernon, and Jefferson Davis. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

L. Any notary public in and for the parish of Acadia, Lafayette, or Vermilion is hereby authorized and qualified to exercise all of the functions of a notary public in and for any of said parishes. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

M. Any notary public appointed in and for the parish of Iberia or Vermilion is hereby authorized and qualified to exercise any and all functions of a notary public in both parishes. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

N. Any notary public appointed in and for the parish of Ascension, East Baton Rouge, East Feliciana, Livingston, Pointe Coupee, West Baton Rouge, or West Feliciana is hereby authorized and qualified to exercise all of the functions of a notary public in and for any of said parishes. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

O. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Acadia, Evangeline, or St. Landry is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Acadia, Evangeline, and St. Landry. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

P. Notwithstanding any other provision of law to the contrary, each person who is licensed to practice law in this state who is a notary public in and for any parish in this state may exercise the functions of a notary public in every parish in this state. The expanded jurisdictional limits authorized by this Subsection are additional to other provisions of law. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

Q. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for either of the parishes of Lafayette or St. Landry is hereby authorized and qualified to exercise all of the functions of a notary public in and for both parishes. No additional bonding or fuon shall be required due to the expanded jurisdictional limits authorized by this Subsection.

R. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for any of the parishes of Iberia, St. Marorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Iberia, St. Martin, and St. Mary. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

S. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for either of the parishes of Sabine or Vernon is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Sabine and Vernon. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

T. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for any of the parishes of Avoyelles, Grant, or Rapides is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Avoyelles, Grant, and Rapides. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.

U. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for the parish of St. Mary, the parish of Assumption, the parish of Lafourche, or the parish of Terrebonne is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of notary in the parishes of St. Mary, Assumption, Lafourche, and Terrebonne.

192. Execution and recordation of bond; filing of certificate of competency

A. The bond required of notaries by R.S. 35:191 shall be submitted to the clerk of court and exofficio recorder of mortgages for the parish where the notary will exercise the functions of his office, and, together with the certificate of competency above provided for, shall be filed in the office of the secretary of state. The bond shall be subscribed in favor of the governor; approved by the clerk, except in Orleans Parish; and if secured by personal surety, recorded in the mortgage office of the said parish in a special book kept for that purpose. In Orleans Parish, the bond shall be approved by the custodian of notarial records.

B. The provisions of Subsection A of this Section shall not affect the validity of bonds given or recorded in the mortgage or conveyance office of any parish prior to September 9, 1977.

193. Original surety company bond; necessity for recordation

In all cases where notaries public furnish bond for the faithful performance of their duties, signed by a surety company, authorized to do business in this state, it shall not be necessary to record the bond in the office of the recorder of mortgages of the parish where the notary performs his duties, and in all cases, when existing bonds or future bonds of this character are filed and recorded in the mortgage office, they shall not operate as mortgages upon the property of the principal.

194. Substitution of personal surety bond or special mortgage

In all cases where notaries public throughout the state have filed or recorded bonds in the offices of the several clerks of court and ex officio recorders of mortgages, with personal or individual surety, or who have executed and recorded a special mortgage on immovable property, as permitted by existing law, may, in lieu of such bonds, and in lieu of such special mortgages, substitute a bond in the same sum with any surety company authorized to do business in the state as surety.

195. Cancellation of personal surety bond or special mortgage

Upon presentation of the surety bond provided for in R.S. 35:194 to any clerk of court and ex-officio recorder of mortgages, the clerk shall file the bond, and upon application by any interested party, shall cancel and erase in full from the records of his office any bond with personal surety recorded in the mortgage records of his office, and likewise any special mortgage executed and recorded by any notary public, conditioned for the faithful performance of his duties as notary.

196. Substituted surety company bond; necessity for recordation

The surety bond provided for in R.S. 35:194 shall not be recorded in the mortgage records of the clerks of court and ex-officio recorders of mortgages and shall not in any event be an encumbrance against the property of any notary making and executing such bond.

197.

[Repealed by Acts 1977, No. 451, Section 3.]

198. Liability of notary and surety; effect of surety company bond; cancellation of bond for nonpayment

A. Nothing contained in R.S. 35:193 shall in any way affect the liability of a notary for the failure to perform his duties, nor the liability of his surety for any neglect thereof, or in any way alter the requirements of the recording of bonds not signed by a surety company, or their legal effect when so recorded.

B. When the notary in Orleans Parish has given bond with a surety company, the surety has the right to cancel the bond for nonpayment of the premium by giving notice through registered mail to the custodian of notarial records for the parish of Orleans. This notice must be given thirty days prior to any anniversary date of the bond, after which anniversary date the liability of the surety company on the bond shall cease.

199. Acts affecting property in Orleans Parish; filing acts; penalty for violation

Notaries outside the Parish of Orleans who pass acts of sale and acts of mortgage affecting property located in the Parish of Orleans shall, within fifteen days after the passage of such acts, deposit them in the office of the Custodian of Notarial Records of the Parish of Orleans, who shall receive and file them. The custodian may charge a filing fee of not more than twenty five cents for each act filed.

Any notary who violates the provisions of this Section is guilty of a misdemeanor and shall be fined not more than twenty five dollars, at the discretion of the court.

200. Limitation on actions

Actions against sureties on said bonds shall prescribe in ten years from date of act of commission or omission.

201. Granting of commission; prerequisites

A. Before the governor shall issue to the applicant a commission of notary public for any parish, he shall require of him the production of:

(1) The certificate provided by R.S. 35:191(C)(2)(d);

(2) His oath of office;

(3) His bond, properly executed, approved and registered as provided in R.S. 35:192; and

(4) His official signature.

B. Upon the issuing of the commission, all of the above shall be deposited in the office of the secretary of state and annexed in the margin of a book to be kept for that purpose by the secretary of state; provided however, for the parish of Orleans, the secretary of state shall keep a book to be styled "The Notarial Book of Orleans Parish."

CHAPTER 5. NOTARIES IN ORLEANS PARISH

PART I. APPOINTMENT, BOND, AND OFFICE [REPEALED]

251. through 257.

[Repealed by Acts 1977, No. 451, Section 3.]

PART II. POWERS AND DUTIES

281. Act evidencing transfer of real property; filing with board of assessors

Whenever an act of sale or any other act evidencing a transfer of real property situated in the Parish of Orleans is passed before a notary public, it shall be the duty of the notary to file a copy of any such act with the board of assessors for the Parish of Orleans within fifteen days from the date of sale or transfer.

282. Duplicate copy of sketch, blueprint, or survey

Whenever there is annexed to any act of sale or other act of transfer of real estate any sketch, blue print, or survey which forms part of the act of sale or transfer, the notary public shall have attached to the copy of such act, a duplicate copy of the sketch, blue print, or survey.

283. Obligations under existing laws not affected

Nothing contained in R.S. 35:281 and R.S. 35:282 shall be construed as relieving notaries public from the obligations imposed upon them to file copies of their acts with other officials or in other offices.

284. Violations

Whoever violates the provisions of R.S. 35:281 or R.S. 35:282 shall be fined not more than fifty dollars or imprisoned in the parish jail for not more than sixty days, or both.

285. Deposit of original acts when property affected situated outside New Orleans

Notaries public within the Parish of Orleans shall deposit in the office of the clerk and recorder of the parish in which the property is situated, whenever the property affected is situated in this state outside of the Parish of Orleans, within fifteen days after the same shall have been passed, the original of all acts of sale, exchange, donation and mortgage of immovable property, passed before them, together with all resolutions, powers of attorney and other documents annexed to or made part of the acts, and in the order of their respective dates, first making a careful record of the acts in record books to be kept for that purpose.

286. Violations

Notaries who contravene the provisions of R.S. 35:285 are liable to a fine of one hundred dollars for each infraction to be recovered before any court of competent jurisdiction, one-half for the benefit of the informer, as well as for all such damages as the parties may suffer thereby.

287. Deputies

Every notary public in the Parish of Orleans may appoint one or more deputies to assist him in the making of protests and delivery of notices of protests of bills of exchange and promissory notes. Each notary shall be personally responsible for the acts of each deputy employed by him. Each deputy shall take an oath faithfully to perform his duties as such. The certificate of notice of protest shall state by whom made or served.

PART III. OFFICE AND CUSTODIAN OF NOTARIAL RECORDS

321. Terms defined

As used in this Part, the terms defined in this Section shall have the meanings here given to them, except where the context clearly indicates otherwise.

1. "Notary" or "Notary Public" shall mean a "Notary Public in and for the Parish of Orleans;"

2. "Custodian" means "Custodian of Notarial Records in and for the Parish of Orleans."

322. Appointment and qualifications; vacancies

The governor by and with the advice and consent of the senate, shall appoint a custodian of notarial records, whose term of office shall be for four years, and run concurrent with the governor. In the event of a vacancy in said office, the governor by and with the advice and consent of the senate shall appoint a custodian for the unexpired term.

The custodian shall be a duly licensed and practicing attorney at law and notary public in the parish of Orleans, and shall be a member in good standing of the Louisiana State Bar Association.

323. Central office; preservation of notarial records; permanent volumes

A. The custodian shall maintain a central office in the city of New Orleans in the Civil District Court Building in quarters presently provided by the city of New Orleans or other quarters in said courthouse to be provided in the city of New Orleans. The custodian shall demand, take possession of, collect, keep and preserve in this office the notarial records of notaries in the parish of Orleans who have ceased to be such, either by death, removal or otherwise, and shall hereafter classify these records according to their date, serial number, and in such a manner as will most facilitate access to them.

B. (1) Every authentic act except chattel mortgages and acts relating to real property outside of Orleans Parish, passed before a notary public in Orleans Parish, and also every act, contract and instrument except money judgments and chattel mortgages filed for record in the office of either the recorder of mortgages or the register of conveyances for the parish of Orleans shall, as a condition precedent to such filing in the office of the recorder of mortgages or the register of conveyances for the parish of Orleans be first filed in the office of the custodian of notarial records for the parish of Orleans. The custodian shall endorse on each act, contract or instrument filed in his office, the date of such filing, a serial number, and shall attach to such act, contract or instrument a certificate of its filing, date and serial number. Such act, contract or instrument so endorsed, shall thereafter be filed for record, if otherwise required by law, with the recorder of mortgages or the register of conveyances for the parish of Orleans, or both, and shall be registered and/or recorded with the serial number furnished by the custodian, provided, however, that nothing herein be deemed to impose upon the custodian any obligation to file any act, contract or instrument with either the recorder of mortgages or the register of conveyances. The recorder of mortgages and register of conveyances for the parish of Orleans shall thereafter return said act, contract or instrument to the custodian, showing the date of filing and time, by the recorder of mortgages and the book and folio number, and the custodian shall thereupon have permanent custody of the said act, contract or instrument, which shall then be filed in his office according to the serial number endorsed thereon by the custodian. The recorder of mortgages and register of conveyances for the parish of Orleans shall endorse upon the certificate issued by the custodian for each act, contract or instrument the date and time, by the recorder of mortgages, book and folio number of its recordation or registry, and shall furnish such certificate to the notary public or other person who caused the same to be filed with the custodian.

(2) It shall be the duty of all notaries public filing acts for registration and/or recordation pursuant hereto to deposit with the custodian all certificates, tax researches, surveys and documents pertaining to any act passed before them and this deposit must be made within sixty days of the date of registration and/or recordation. It shall be the duty of the custodian to file in permanent form, according to serial number, all acts, contracts and instruments filed with him and all certificates, tax researches and documents furnished him pertaining to all such acts.

C. (1) The custodian of notarial records shall charge the sum of five dollars for each act, contract, or other instrument thus filed and deposited in his office, with all such sums to be used only for the expenses and maintenance of said office.

(2) Notwithstanding the provisions of this subsection, all veterans of the armed forces of the United States of America shall be exempt from paying any fee for the filing and depositing of their discharge certificates or other evidence of honorable separation from the armed forces with the custodian of notarial records.

(3) Notwithstanding the provisions of this Subsection, the city of New Orleans shall be exempt from payment of any filing fees.

D. Every notary public for the parish of Orleans shall deliver for deposit to the office of the custodian, for permanent preservation, all acts executed before such notaries public prior to January 1, 1966, and the deposit of such acts shall not be optional, but shall be mandatory on the part of each notary public for the parish of Orleans. No charge shall be made by the custodian for the deposit of bound volumes of such acts. For the deposit of unbound acts, the custodian shall charge in accordance with the provisions of Subsection C of this section. The deposit of such acts shall be made not later than December 31, 1972. Whenever any notary public for the parish of Orleans shall fail to comply with the provisions aforestated then the custodian shall institute proceedings in accordance with the provisions of Subsection F of this section.

E. Every living, qualified notary public is authorized to certify true copies of any authentic act or any instrument under private signature hereafter or heretofore passed before him or acknowledged before him, and to make and certify copies, by any method, of any certificate, research, resolution, survey or other document annexed to the original of any authentic acts passed before him, and may certify such copies as true copies of the original document attached to the original passed before him.

F. Whenever any notary public for the parish of Orleans shall fail to comply with the provisions of this section then it shall be the duty of the custodian of notarial records to institute proceedings by rule in the Civil District Court for the parish of Orleans to require said notary public to show cause why his notarial commission should not be forfeited and why he should not be ordered to turn over all his notarial archives and records to the custodian of notarial records and pay all costs of said proceedings.

G. The indexing, binding and depositing of acts, contracts and instruments of writing executed before notaries public for the parish of Orleans, referred to in this section shall constitute an exception to the requirements of R.S. 35:329, and nothing contained in this section or in R.S. 35:329 shall be construed as requiring any notary public for the parish of Orleans to have an act executed before him in multiple originals.

323.1. Microfilm records; use; separate location

A. Permission is hereby granted to the custodian to install and use microfilm machinery and apparatus in the recordation, filing, preservation and reproduction of all records and documents filed or deposited with the custodian prior to July 29, 1970, and subsequent thereto.

B. Such microfilm records and documents may be used only in emergency situations arising from fire, storm, theft, loss or any other emergency circumstances which may render the original record or document useless. Such microfilm records and documents shall be kept at a separate location from the original records and documents filed with the custodian.

C. Such microfilm copy shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall for all purposes be deemed to be a transcript, exemplification or certified copy of the original.

D. Nothing contained herein shall in any manner be construed to permit the destruction of any notarial records presently in the possession of, or which may hereafter come into the possession of, the custodian of notarial records.

324. Bond of custodian

The custodian shall give bond, in addition to his notarial bond, in the amount of ten thousand dollars in favor of the governor, with one or more good and solvent sureties approved by the presiding judge of the Civil District Court of the Parish of Orleans, conditioned upon the faithful performance of his duties as custodian. This bond shall be filed in the office of the Secretary of State.

325. List of notaries

The custodian shall keep an accurate alphabetical list of all notaries public in and for the Parish of Orleans, showing their business and residence addresses and the expiration date of their bonds; he shall keep this list at all times open to public inspection during his office hours, and furnish the Secretary of State and the district attorney in and for the Parish of Orleans, annually on or before October 1st, a certified list of all notaries in and for the Parish of Orleans, showing the number of notaries and the number and names of those who have ceased to be notaries, and the number and names of those whose bonds have expired.

He shall diligently, by every means in his power, keep the list accurate and up to date at all times, and shall immediately notify the governor and the Secretary of State of each vacancy caused by death, resignation, removal from Orleans Parish, or any other cause, as soon as such facts are ascertained by him.

326. Statement furnished custodian by notaries

Each notary shall, annually, before September 1st, furnish to the custodian a statement showing his office and residence address, the date of his bond and the surety or sureties thereon, and their addresses. Failure to furnish this statement shall be cause for the revocation of the commission of the notary.

327. Fee payable to custodian by notaries

Each notary shall pay an annual fee of fifteen dollars, on or before September first of each year, to the custodian, the said fees to be used by the custodian for expenses of his office.

328. Testing sureties on bonds; new bond; forfeiture of commission for failure to give

The custodian shall institute proceedings by rule in the Civil District Court of the Parish of Orleans at least once every twelve months, and oftener if he deem it proper and necessary, without the payment of costs by the custodian, on all notaries in the parish to test the surety on their official bonds, and should the sureties on the official bonds so tested, be judicially declared not good and solvent as required by law, the notary whose surety has been so declared shall pay the costs of the rule, and shall be allowed thirty days within which to give a new bond, and on his failure to do so within that time, shall forfeit his commission and turn over his notarial archives and records to the custodian, upon the payment of all costs which have been assessed against him in any proceeding filed by the custodian under the provisions of this Part. Whenever the notary's commission is revoked for failure to comply with the requirements of this Part, no judgment of any court reinstating the notary rendered after the expiration of thirty days as hereinabove provided for, shall be valid.

Provided, that he shall not be entitled to act as a notary during the period of thirty days; and

Provided, further, that should anyone ceasing by removal or otherwise to be a notary subsequently again be appointed to that office he shall be entitled to recover and obtain his notarial records and archives from the custodian.

329. Preservation by notaries of acts, contracts and instruments; binding and indexing; duties of custodian

Every notary shall keep and preserve in his office and under his custody, the original of all acts, contracts and instruments of writing executed before him, with the exception only of affidavits and instruments under private signature, which may be acknowledged or proved before him, depositions of witnesses, and all acts of or in connection with the voluntary surrender of children under R.S. 9:401 through 9:405 and all acts amendatory thereto, and he shall cause these acts, contracts and instruments of writing, subject to the exceptions set forth above, to be bound in separate, permanent book form volumes for each year, with complete indices attached to each volume.

If the number of acts passed by a notary do not exceed fifty in any one year, he may wait until the end of the subsequent year to have them bound, but regardless of number, at the end of the subsequent year his acts for each of those years shall be bound as aforesaid. These acts together with protests made by him, will constitute the archives of his office. The custodian shall, at the time of trial of the rule provided in R.S. 35:328, require evidence from each notary that he has caused his acts to be bound and indexed in the manner aforesaid, and in case it should then appear that any notary public has neglected to comply with R.S. 35:321 through 35:335, the court shall allow the notary thirty days within which to index and bind his acts; and on his failure so to do within that time he shall forfeit his commission and turn over his notarial acts and records to the custodian in the same manner as provided in R.S. 35:328 for failure to furnish a proper bond.

330. Proceedings by custodian against absent notaries

Should the proper official be unable to find any notary upon whom he desires to make service of process in any cause brought by the custodian under the authority of this Part, the custodian shall advertise such cause at least three times at intervals of not less than seven or more than ten days, in the official journal of the Parish of Orleans, and if no appearance has been made by the defendant notary in said cause, the custodian shall proceed against him as against an absent defendant, as provided by law.

331. Revocation of notary's commission for failure to furnish bond

Failure of any notary to furnish proper surety bond shall be just cause for revocation of his notarial commission by a court of proper jurisdiction.

332. Notice by custodian of expiration date of bond

It is the duty of the custodian to notify each notary of the expiration date of his bond, within sixty and not less than thirty days of the date of expiration; but the failure of the custodian to give such notice shall not prevent the custodian from proceeding to cancel the notary's commission as provided herein, nor shall it relieve the notary of any duties prescribed by law.

333. Rule to revoke notary's commission

Should any notary fail or refuse to pay the annual fee fixed by R.S. 35:327, or fail or refuse to furnish the information required, or fail to provide the proper bond as required by law, the custodian shall promptly file a rule in the civil district court in and for the Parish of Orleans, or any other court of proper jurisdiction, to have the notary's commission revoked, and the notary shall pay all costs of the proceeding.

334. Misdemeanor to act after expiration of bond or after surety cancelled

It is a misdemeanor, punishable as provided in R.S. 35:335, for any notary knowingly to act as such after the expiration of his bond, or after the surety on his bond has been cancelled as provided by law.

335. Willful violations

The custodian or notary willfully violating the provisions of this Part shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not less than ten days nor more than six months.

336. Deputies of custodian; appointment of archivist

A. The custodian may appoint two deputies, who shall be sworn according to law, and such deputies, when appointed and sworn, shall have power to certify copies of acts and records of all kinds in the office. The deputies appointed by the custodian shall devote full time to the duties of that office and not receive a salary that exceeds thirty-five thousand dollars per annum.

B. (1) The custodian shall employ on a part-time basis a professional archivist to assist the custodian with the responsibilities of the office and to insure the adequate preservation of records and documents, whose salary shall not exceed twenty thousand dollars per annum.

(2) The archivist shall possess a baccalaureate degree in either history, political science, philosophy, anthropology, historical geography, archeology, French, Spanish or fine arts, and have either:

(a) At least two years of professional level experience in historical research or college level teaching in the above academic fields; or

(b) At least two years of experience in archival operations, records management, records preservation or other work involving locating, selecting, acquiring, and preserving documents or other valuable papers and materials.

337. Fees, salary, and excess funds of custodian

A. The custodian may charge and receive the same fees of office as are allowed by law to other notaries for the making and certifying of copies. The compensation of the custodian shall not exceed thirty-five thousand dollars per annum and any remainder of fees shall be used solely to operate and maintain the functions of the office of notarial records.

B. Any unexpended or unencumbered funds remaining at the end of the fiscal year to the credit of the account of monies, fees, or sums collected by the custodian of notarial records shall be transferred by the custodian to the general fund of the city of New Orleans.

337.1. City of New Orleans; exemption from fees

The city of New Orleans shall not be required to pay any of the fees charged for the services of the custodian of notarial records.

338. Annual budget; submission to enumerated entities

The custodian of notarial records shall prepare a detailed annual budget at the end of its fiscal year and submit a copy of that budget to the legislative auditor pursuant to R.S. 24:513 et seq., and the Joint Legislative Committee on the Budget and publish a copy, at its own expense, in the official journal of the parish of Orleans, at his own expense commencing January 1, 1989.

CHAPTER 6. EX OFFICIO NOTARIES

391. Ex officio notaries; qualifications

Any person may be appointed an ex officio notary as authorized in this Chapter, provided he:

(1) Is a resident citizen or alien of the state.

(2) Is eighteen years of age or older.

(3) Is able to read, write, and speak the English language and be possessed of sufficient knowledge of the English language.

(4) Is not under interdiction or incapable of serving as an ex officio notary because of a mental infirmity.

(5) Is not under indictment for a felony and has not been convicted of a felony for which he has not been pardoned.

(6) Has given bond, with good and solvent security, in the sum of five thousand dollars conditioned for the faithful performance of all duties required by law toward all persons who may employ him in his profession of ex officio notary.

(7) In the case of a state employee who serves as an ex officio notary in the course and scope of his employment, records his oath of office with the secretary of state.

392. Ex officio notaries; bond; oath

A. The bond required of all ex officio notaries, except those state employees who serve as ex officio notaries in the course and scope of their employment, shall be submitted to the clerk of court and ex officio recorder of mortgages for the parish where the ex officio notary will exercise the functions of his office, as well as filed in the office of the secretary of state. The bond shall be subscribed in favor of the governor; approved by the clerk, except in Orleans Parish; and if secured by personal surety, recorded in the mortgage office of the parish in a special book kept for bonds required of all notaries. In Orleans Parish, the bond shall be approved by the custodian of notarial records. The bond for state employees who serve as ex officio notaries shall be maintained in the division of administration, office of risk management.

B. The provisions governing the recordation of bonds issued by surety companies doing business in the state, the substitution and cancellation of personal surety bonds or special mortgages, the filing of substituted surety company bonds, the liability of notaries and sureties, and the limitation of actions against sureties, R.S. 35:193 through 200, shall apply to bonds issued for the faithful performance of the duties of ex officio notaries.

C. No ex officio notary who holds such office by virtue of duties affiliated with employment with a political subdivision of the state shall be required to file his or her oath of office as notary with any parish clerk of court.

393. Ex officio notaries public for the Department of Public Safety and Corrections; powers

A. Notwithstanding any provisions in the law relative to qualifications for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the secretary of the Department of Public Safety and Corrections, the supervisors of each troop headquarters, any investigator of the internal affairs unit of the office of state police in the Department of Public Safety and Corrections and the executive assistant to the general counsel of the Department of Public Safety and Corrections as ex officio notaries public who shall perform the duties provided hereunder without charge or other compensation. Any ex officio notary public appointed under the provisions of this Section shall possess those notarial powers as provided by law to administer oaths and take acknowledgements.

B. Additionally, specially designated commissioned Louisiana state police officers assigned to intelligence, detectives, narcotics, or internal affairs, and commissioned agents of the office of alcohol beverage control shall have the power to administer oaths and receive sworn statements, in connection with their official duties.

393.1. Ex officio notaries public for the Department of Public Safety and Corrections; appointment by secretary

A. Notwithstanding any provision in the law relative to qualifications for and limitations on the number of notaries public, the secretary of the Department of Public Safety and Corrections is authorized to designate officers in his office and appoint them as ex officio notaries public.

B. Each officer so appointed may exercise the functions of a notary public only to administer oaths, receive sworn statements, and shall otherwise be limited to matters within the official functions of the Department of Public Safety and Corrections.

C. All acts performed by such an ex officio notary public authorized by this Section shall be performed without charge or other compensation and without the necessity of giving bond.

D. The secretary may suspend or terminate any appointment made pursuant to this Section at any time, and separation from the employ of the Department of Public Safety and Corrections shall automatically terminate the powers of such an ex officio notary public.

394. Ex officio notaries public for the Department of Justice

A. Notwithstanding any provisions of the law relative to qualifications for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the attorney general, investigators in the Department of Justice as ex officio notaries public. Each ex officio notary public appointed under the provisions of this Section shall be submitted to the Senate for confirmation.

B. Such an ex officio notary public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall otherwise be limited to matters within the official functions of the Department of Justice.

C. All acts performed by such an ex officio notary public authorized by this Section shall be performed without charge or other compensation.

D. The attorney general may suspend or terminate any appointment made pursuant to this Section at any time, and separation from the employ of the Department of Justice shall automatically terminate the powers of such an ex officio notary public.

395. Ex officio notaries public for the Department of State

A. Notwithstanding any provisions of the law relative to qualifications for notaries public, the secretary of state is authorized to appoint not more than six essential employees within the Department of State as ex officio notaries public.

B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall be limited to matters within the official functions of the Department of State. They shall use the official seal of the department.

C. All acts performed by such ex officio notaries public authorized by this Section shall be performed without charge or other compensation.

396. Ex officio notaries public for the Governor's Consumer Protection Division

A. Notwithstanding any provisions of the law relative to qualifications for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the director of the Governor's Consumer Protection Division, investigative staff members in the Governor's Consumer Protection Division as ex officio notaries public. Each ex officio notary public appointed under the provisions of this Section shall be submitted to the Senate for confirmation.

B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall otherwise be limited to matters within the official functions of the Governor's Consumer Protection Division as set forth in R.S. 51:1404.

C. All acts performed by such ex officio notary public authorized by this Section shall be performed without charge or other compensation.

D. The director of the Governor's Consumer Protection Division may suspend or terminate any appointment made pursuant to this Section at any time, and separation from the employ of the Governor's Consumer Protection Division shall automatically terminate the powers of such an ex officio notary public.

397. Ex officio notaries public for the Louisiana State Racing Commission

A. Notwithstanding any provisions of the law relative to qualifications for notaries public, the governor, upon the recommendation of the chairman of the Louisiana State Racing Commission, shall appoint not more than two of its employees at each racing commission office as ex officio notaries public.

B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall be limited to matters within the official duties of R.S. 4:150(B)(11).

C. All acts performed by such ex officio notary public authorized by this Section shall be performed without charge or other compensation.

D. The provisions of this Section shall not cause any additional cost to the state.

398. Ex officio notaries for district attorneys

A. Notwithstanding any provisions of the law relative to qualifications for and limitations on the number of notaries public, each district attorney may designate an investigator in his office as administrative assistant and appoint him as an ex officio notary public.

B. Such an ex officio notary public may exercise, in the judicial district which the district attorney serves, the functions of a notary public only to administer oaths and execute affidavits, acknowledgments, and other documents, all limited to matters within the official functions of the office of district attorney.

C. Such ex officio notary public shall fulfill the same bond requirements as provided by law in the parish or parishes comprising the district which the district attorney serves, provided the total amount of the bond shall not exceed the amount required to exercise the functions of notary public in a single parish.

D. All acts performed by such an ex officio notary public authorized by this Section shall be performed without charge or other compensation.

E. The district attorney may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of the district attorney shall automatically terminate the powers of such an ex officio notary public.

F. The district attorney shall pay as an expense of his office the costs of the notarial seal, the notarial bond, and any fees required for filing the bond.

399. Ex officio notaries for police departments

A. Notwithstanding any provisions of the law relative to qualifications of notaries public, each chief of police may designate officers in his office and appoint them as ex officio notaries public.

B. Each officer so appointed may exercise, in the municipality that the police department serves, the functions of a notary public only to administer oaths and execute affidavits, acknowledgments, and other documents, all limited to matters within the official functions of the police department for the enforcement of the provisions of any statute which provides for criminal penalties and of the municipal ordinances which the police department is charged with enforcing.

C. Each ex officio notary public shall fulfill the same bond requirements as provided by law for notaries in the parish in which the municipality is located. The municipality shall pay as an expense of the office of the chief of police the costs of the notarial seal, the notarial bond, and any fees required for filing the bond.

D. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.

E. The chief of police may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of the police department shall automatically terminate the powers of the ex officio notary public.

400. Ex officio notaries public for the United States Forest Service

A. Notwithstanding any provisions of the law relative to qualification for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the Forest Supervisor, realty specialists in the United States Forest Service as ex officio notaries public.

B. This ex officio notary public may exercise the functions of a notary public only to administer oaths and execute affidavits, acknowledgments, and other documents, all limited to matters within the official functions of his employment with the United States Forest Service.

C. All acts performed by an ex officio notary public authorized by this Section may be performed in any parish where national forest lands are administered, and shall be performed without charge or other compensation.

D. Separation from the employ of the United States Forest Service shall automatically terminate the powers of this ex officio notary public.

401. Ex officio notary public for the Sabine River Authority

A. Notwithstanding any provisions of the law relative to qualification for notaries public, the director of the Sabine River Authority may appoint one employee of the Sabine River Authority as ex officio notary public.

B. Such ex officio notary public may exercise the functions of a notary public only to administer oaths, receive sworn statements, and execute affidavits, acknowledgments, and other documents, and shall be limited to matters within the official functions of the Sabine River Authority.

C. All acts performed by such ex officio notary public authorized by this Section may be performed only in the parishes of Sabine, DeSoto, Beauregard, Calcasieu, Cameron, and Vernon and shall be performed without charge or other compensation.

D. The director of the Sabine River Authority may suspend or terminate any appointment made pursuant to this Section at any time and separation from the employ of the Sabine River Authority shall automatically terminate the powers of such ex officio notary public.

402. Ex officio notaries public for the vital records registry

A. Notwithstanding any other provisions of the law to the contrary governing the qualifications and appointment of notaries public, the governor may appoint the state registrar of vital records to serve as ex officio notary public, and the state registrar of vital records may designate not more than three employees in the vital records registry to serve as ex officio notaries public.

B. Such ex officio notaries public may exercise the functions of a notary public only to execute affidavits as required under R.S. 9:224(B) to verify information contained in applications for a marriage license.

C. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.

D. The state registrar of vital records may suspend or terminate any notary public he has appointed pursuant to this Section at any time, and separation from office or employment in the office of the state registrar of vital records of any ex officio notary public under this Section shall automatically terminate the powers of such an ex officio notary public.

403. Ex officio notaries for hospital service district hospitals

A. Notwithstanding any provisions of the law relative to qualifications of notaries public, the director of a hospital service district hospital, created pursuant to the provisions of R.S. 46:1051 et seq., may appoint not more than two employees of the hospital as ex officio notaries public.

B. Such ex officio notaries may exercise the functions of a notary public only to administer oaths, receive sworn statements, execute affidavits, acknowledgments, and other documents, and shall be limited to matters within the official functions of the hospital.

C. Each ex officio notary public shall fulfill the same bond requirements as provided by law for notaries in the parish in which the hospital is located. The hospital shall pay as an expense of the hospital the costs of the notarial seal, the notarial bond, and any fees required for filing the bond.

D. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.

E. The director of the hospital may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of the hospital shall automatically terminate the powers of the ex officio notary public.

404. Ex officio notaries public of the office of financial institutions

A. Notwithstanding any provisions of law relative to qualifications for notaries public, except R.S. 35:391, the commissioner of financial institutions may appoint two investigators in his office as ex officio notaries public.

B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall be limited to matters within the official functions of the office of financial institutions. They shall use the official seal of the department.

C. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.

405. Ex officio notary public for levee district police

A. Notwithstanding any provisions of law relative to qualifications for notaries public, except R.S. 35:391, the board of commissioners of a levee district created pursuant to the laws of this state may appoint three officers as ex officio notaries public. For purposes of this Section, "officer" means an employee who has attained the rank of lieutenant or a higher rank and who is a full-time commissioned police officer of the levee district.

B. Such ex officio notary public may exercise the functions of a notary public only to administer oaths, receive sworn statements, execute affidavits, acknowledgments, and other documents, and shall be limited to matters within the official functions of the law enforcement division of the levee district.

C. All acts performed by an ex officio notary public authorized by this Section may be performed only in the parishes in which the respective levee district has jurisdiction.

D. The board of commissioners of each levee district may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of a levee district shall automatically terminate the powers of such an ex officio notary public.

406. Ex officio notaries public of the adult protection agency

A. Notwithstanding any provisions of law relative to qualifications for notaries public, except R.S. 35:391:

(1) The director of the office of elderly affairs may appoint two investigators in each region of the adult protection agency, office of elderly affairs, office of the governor, as ex officio notaries public.

(2) The secretary of the Department of Health and Hospitals may appoint three investigators in the adult protection agency, Department of Health and Hospitals, as ex officio notaries public.

B. Such an ex officio notary public may exercise the functions of a notary public only to administer oaths, receive sworn statements, and execute affidavits and other documents, which shall be limited solely to matters within the official functions of the adult protection agency as provided in R.S. 14:403.2.

C. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.

D. The director or secretary authorized to make such appointments may suspend or terminate any appointment made pursuant to this Section at any time. Separation from the employ of the adult protection agency shall automatically terminate the powers of such an ex officio notary public.

CHAPTER 7. COMMISSIONERS [REPEALED]

451. through 460.

[Repealed by Acts 1977, No. 225, Section 1.]

CHAPTER 8. ACKNOWLEDGMENTS

PART I. ACKNOWLEDGMENTS WITHIN STATE

511. Forms of acknowledgment

Either the forms of acknowledgment now in use in this State, or the following, may be used in the case of conveyances or other written instruments, whenever such acknowledgment is required or authorized by law for any purpose:

(Begin in all cases by a caption specifying the state and place where the acknowledgment is taken.

1. In the case of natural persons acting in their own right:

On this ........ day of ........, 19 ..., ........... before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed it as his (or their) free act and deed.

2. In the case of natural persons acting by attorney: On this ........ day of ........., 19 ..., before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed it as the free act and deed of said C D.

3. In the case of corporations or joint stock associations:

On this ......... day of ........., 19 ..., before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other officer or agent of the corporation or association), of (describing the corporation or association), and that the seal affixed to said instrument is the corporate seal of said corporation (or association) and that the instrument was signed and sealed in behalf of the corporation (or association) by authority of its Board of Directors (or trustees) and that A B acknowledged the instrument to be the free act and deed of the corporation (or association).

(In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of the corporation (or association), and that" and add, at the end of the affidavit clause, the words "and that the corporation (or association) has no corporate seal").

(In all cases add signature and title of the officer taking the acknowledgment).

512. Married women, acknowledgment by

The acknowledgment of a married woman when required by law may be taken in the same form as if she were sole and without any examination separate and apart from her husband.

513. Officers before whom proof or acknowledgment taken in other states

The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without this state and within any other state, territory, or district of the United States, may be made before any officer of such state, territory or district, authorized by the laws thereof to take the proof and acknowledgment of deeds, and when so taken and certified under his official seal, shall be entitled to be recorded in this state, and may be read in evidence in the same manner and with like effect as proofs and acknowledgments taken before any of the officers now authorized by law to take such proofs and acknowledgments, and whose authority so to do is not intended to be hereby affected.

PART II. FOREIGN ACKNOWLEDGMENTS

551. Officers before whom made

All instruments requiring acknowledgment, if acknowledged without the United States, shall be acknowledged before an ambassador, minister, envoy or charge d'affaires of the United States, in the country to which he is accredited, or before one of the following officers commissioned or accredited to act at the place where the acknowledgment is taken, and having an official seal, viz.:-any officer of the United States; a notary public; or a commissioner or other agent of this state having power to take acknowledgments.

552. Form of certificate of acknowledgment

Every certificate of acknowledgment, made without the United States, shall contain the name or names of the person or persons making the acknowledgment, the date when and the place where made, a statement of the fact that the person or persons making the acknowledgement knew the contents of the instrument, and acknowledged it to be his, her or their act; the certificate shall also contain the name of the person before whom made, his official title, and be sealed with his official seal and may be substantially in the following form: ................ (name of country).

............ (name of city, province or other political subdivision). Before the undersigned ...................(naming the officer and designating his official title) duly commissioned (or appointed) and qualified, this day personally appeared at the place above named .................(naming the person or persons acknowledging) who declared that he (she or they) knew the contents of the foregoing instrument, and acknowledged it to be his (her or their) act.

Witness my hand and official seal this ...... day of ..........

19 .. ...............(name of officer). (seal) ...................(official title).

When the seal affixed shall contain the names or the official style of the officer, any error in stating, or failure to state otherwise the name or the official style of the officer, shall not render the certificate defective.

553. Acknowledgments in form used in state

A certificate of acknowledgment of a deed or other instrument acknowledged without the United States before any officer mentioned in R.S. 35:551 shall also be valid if in the same form as now is or hereafter may be required by law, for an acknowledgment within this state.

554. Interpretation and construction

This Part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

555. Force and effect

Every acknowledgment or proof of any legal instrument and any oath or affirmation, taken or made before a commissioner, ambassador, minister, charge d'affaires, secretary of legation, consul general, consul, or vice consul, and every attestation or authentication made by them, when duly certified as above provided, shall have the force and effect of an authentic act executed in this state.