Title 35, Notaries Public and Commissioners
0 chapters · 129 sections in this title.
La. Rev. Stat. § 35:555 Force and effect
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§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 authenti…
La. Rev. Stat. § 35:6 Foreign notaries; acts and other instruments; effect
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§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, except those performed by remote online notarization, shall be authentic acts a…
La. Rev. Stat. § 35:601 Unlawful exercise of notarial powers; penalties
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§601. Unlawful exercise of notarial powers; penalties A. A person, who has not first been duly authorized to exercise notarial powers in this state or whose authority to exercise notarial powers in this state has been judicially revoked, shall not perform any of the following act…
La. Rev. Stat. § 35:602 Unlawful exercise of prior authorized or limited notarial powers; penalties
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§602. Unlawful exercise of prior authorized or limited notarial powers; penalties A. No person who has been duly appointed to the office of notary public or who has been otherwise authorized to exercise notarial functions in this state shall exercise any notarial function in this…
La. Rev. Stat. § 35:603 Secretary of state; duties upon receipt of sworn complaint
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§603. Secretary of state; duties upon receipt of sworn complaint A. The secretary of state, upon receipt of a sworn complaint alleging a violation of the provisions of R.S. 35:601 or 602, shall proceed as follows: (1) If the records of the secretary of state indicate that the per…
La. Rev. Stat. § 35:604 Applicability to licensed attorneys
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§604. Applicability to licensed attorneys Notwithstanding any provision of law to the contrary, the authority of the Louisiana Supreme Court to regulate the practice of law shall supersede the provisions of this Chapter with respect to the enforcement of its provisions against an…
La. Rev. Stat. § 35:621 Short title
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§621. Short title This Chapter may be cited as the "Remote Online Notarization Act". Acts 2020, No. 254, §4, see Act.
La. Rev. Stat. § 35:622 Definitions
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§622. Definitions A. In this Chapter: (1) "Communication technology" means an electronic device or process that allows substantially simultaneous communication by sight and sound. (2) "Credential analysis" means a process through which the authenticity of an individual's governme…
La. Rev. Stat. § 35:623 Legal recognition of remote online notarial acts
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§623. Legal recognition of remote online notarial acts A. Except as otherwise provided in Subsections B and C of this Section, a remote online notarial act that meets the requirements of R.S. 35:625 through 627 satisfies any requirement that a party appear before a notary public …
La. Rev. Stat. § 35:624 Standards for remote online notarization
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§624. Standards for remote online notarization A. The secretary of state shall, by rule adopted in accordance with the Administrative Procedure Act, develop and maintain standards for the implementation of this Chapter. B. In developing standards for remote online notarization, t…
La. Rev. Stat. § 35:625 RS 35:625
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§625 eff. upon the enactment of the SECURE Notarization Act of the 116th Congress. See Acts 2020, No. 254. §625. Notaries authorized to perform remote online notarization A. Any regularly commissioned notary public who holds a valid notarial commission in the state of Louisiana i…
La. Rev. Stat. § 35:625.1 Notaries authorized to perform remote online notarization
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§625.1. Notaries authorized to perform remote online notarization A. Only a regularly commissioned notary public who holds a valid notarial commission in the state of Louisiana may be authorized by the secretary of state to perform remote online notarization. B. In order to obtai…
La. Rev. Stat. § 35:626 Location of notary, parties, and witnesses; location of remote online notarial act
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§626. Location of notary, parties, and witnesses; location of remote online notarial act A. A notary public physically located in any parish of this state in which the notary has the power to exercise the function of a notary public may perform a remote online notarization for a …
La. Rev. Stat. § 35:627 Procedure for performing remote online notarization
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§627. Procedure for performing remote online notarization A. At the time of a remote online notarization, the notary public shall verify the identity of any party or witness appearing remotely, both through use of communication technology and by one of the following means: (1) Th…
La. Rev. Stat. § 35:628 Duties of the notary
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§628. Duties of the notary The notary public shall take reasonable steps to ensure both of the following: (1) The communication technology used in the performance of a remote online notarization is secure from unauthorized interception. (2) The electronic record before the notary…
La. Rev. Stat. § 35:629 Records of remote online notarizations
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§629. Records of remote online notarizations A. The notary public shall do all of the following: (1) Maintain electronic copies capable of being printed in a tangible medium of all remote online notarial acts for at least ten years after the date of the remote online notarization…
La. Rev. Stat. § 35:630 No variation by agreement
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§630. No variation by agreement The provisions of this Chapter may not be varied by agreement. Acts 2020, No. 254, §4, see Act.
La. Rev. Stat. § 35:7 Acts before authorized military personnel; force and effect
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§7. Acts before authorized military personnel; force and effect A. Every mortgage, sale, lease, transfer, assignment, power of attorney, or other instrument, heretofore or hereafter executed before any person authorized to act as a notary pursuant to 10 U.S.C. 1044a(b), and beari…
La. Rev. Stat. § 35:701 Purpose; ratification
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§701. Purpose; ratification A. The legislature finds that the COVID-19 public health emergency created a statewide emergency disrupting the ability of notaries public to be in the physical presence of persons whose signatures the notary public was authenticating. This Chapter is …
La. Rev. Stat. § 35:702 Remote notarization authorized
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§702. Remote notarization authorized A. Notwithstanding any law to the contrary, any act in which any person or witness appeared before a notary public using an electronic device or process which allowed all such persons and the notary public to communicate simultaneously by sigh…
La. Rev. Stat. § 35:71 Requirement of bond; suspension of notarial commissions; renewal of bonds; penalty
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§71. Requirement of bond; suspension of notarial commissions; renewal of bonds; penalty A. Unless otherwise provided by law, the authority of a notary public to exercise any of the functions of a notary public within his jurisdictional limits shall remain in effect, provided that…
La. Rev. Stat. § 35:72 Bonds; elimination of requirement
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§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. Acts 1988, No. 943, §1; eff. Aug. 1, 1988.
La. Rev. Stat. § 35:73 Bond not mortgage until suit filed and notice of lis pendens recorded
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§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, …
La. Rev. Stat. § 35:74 Inclusion of bonds in mortgage certificates
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§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. …
La. Rev. Stat. § 35:75 Substituted notarial bond with personal surety
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§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 and record, bonds in the offices of the several clerks of court and ex-officio recorder of conveyances and mortga…
La. Rev. Stat. § 35:76 Release of surety company upon acceptance of personal surety bond
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§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 rel…
La. Rev. Stat. § 35:77 Cancellation of surety company bond
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§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 an…
La. Rev. Stat. § 35:8 Recorder's copies of instruments before military officers; effect
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§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 s…
La. Rev. Stat. § 35:9 Instruments, before ambassadors and consular officials
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§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…