reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:5215. Meetings; quorum

RS 34:5215 - Meetings; quorum
The commission shall meet at least biannually and may meet more frequently upon call of the chairman. A majority of the commissioners shall constitute a quorum for the transaction of official business. All official actions of the commission shall require an affirmative vote of the commissioners present and voting at any meeting.
Acts 2023, No. 461, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:1. Appointment of notaries public

RS 35:1 - Appointment of notaries public
The governor may appoint, by and with the advice and consent of the Senate, and upon their meeting the qualifications for office provided for in this Title, notaries public in the different parishes.
Amended by Acts 1964, No. 359, §1; Acts 1964, No. 359, §1; Acts 1966, No. 539, §1; Acts 1976, No. 677, §1; Acts 1977, No. 451, §1; Acts 2008, No. 856, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:1.1. Commissions previously issued

RS 35:1.1 - Commissions previously issued
A. Notwithstanding any other provision of law to the contrary, this Section shall apply to all acts, documents, or other instruments which were executed by or passed before a notary public who was duly appointed, and to each notarial commission which was issued, on or before January 1, 1999, without the applicant first obtaining a commission in the parish of residence of the applicant, and whose commission was based on the location of the office maintained by the applicant.
B. All acts, documents, or other instruments which were executed by or passed before any notary public commissioned as set forth in Subsection A of this Section shall not be invalid based on the appointment of the notary public or the issuance of the notarial commission.
Added by Acts 1977, No. 451, §2; Acts 1999, No. 949, §2; Acts 2003, No. 926, §1; Acts 2004, No. 562, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:2. General powers; administration of certain oaths in any parish; true copies

RS 35:2 - General powers; administration of certain oaths in any parish; true copies
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.
C. Every 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.
Amended by Acts 1977, No. 354, §1; Acts 1981, No. 406, §1; Acts 1982, No. 427, §1; Acts 1984, No. 245, §1; Acts 1990, No. 843, §1, eff. July 24, 1990; Acts 2008, No. 856, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:2.1. Affidavit of corrections

RS 35:2.1 - Affidavit of corrections
A.(1) 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 any of the following:
(a) The person who was the notary or one of the notaries before whom the act was passed.
(b) The notary who actually prepared the act containing the error.
(c) In the event the person defined in Subparagraphs (a) or (b) of this Paragraph is deceased, incapacitated, or whose whereabouts are unknown, then by a Louisiana notary who has possession of the records of that person, which records contain information to support the correction.
(2) The act of correction shall be executed before two witnesses and a 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.
Acts 1984, No. 245, §2; Acts 1987, No. 407, §1; Acts 1995, No. 216, §1; Acts 2012, No. 397, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:4. Notaries connected with banks and other corporations; powers

RS 35:4 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:5. Foreign notaries; oaths, acts, and acknowledgments; effect

RS 35:5 - Foreign notaries; oaths, acts, and acknowledgments; effect
Oaths, acts, and acknowledgments 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 acknowledgments heretofore made in compliance with the provisions of this Section are hereby validated.
Amended by Acts 1977, No. 233, §1; Acts 1980, No. 320, §1; Acts 1981, No. 313, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:6. Foreign notaries; acts and other instruments; effect

RS 35:6 - 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 and shall have the same force and effect as if passed before a notary public in Louisiana.
Acts 2020, No. 254, §3.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:7. Acts before authorized military personnel; force and effect

RS 35:7 - 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 bearing the signature of such person 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 person authorized to act as a notary pursuant to 10 U.S.C. 1044a(b) shall have the same force and effect as if made or executed before a notary in Louisiana.
C. Any testament, trust, or other legal instrument or act provided for in Subsections A and B executed before any person authorized to act as a notary pursuant to 10 U.S.C. 1044a(b) shall have the same force and effect as if made or executed before a notary in Louisiana.
D. The provisions of this Section 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. 1044 or pursuant to regulations of the Department of Defense and all instruments and acts executed by persons designated in 10 U.S.C. 1044a(a).
Acts 1991, No. 50, §1, eff. June 25, 1991; Acts 1997, No. 1320, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:8. Recorder's copies of instruments before military officers; effect

RS 35:8 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:9. Instruments, before ambassadors and consular officials

RS 35:9 - 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.
Amended by Acts 1980, No. 240, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:11. Marital status of parties to be given

RS 35:11 - 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.
Amended by Acts 1976, No. 679, §2, eff. Jan. 1, 1977; Acts 1987, No. 467, §1, eff. Sept. 1, 1987.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:14. Disbarred or suspended attorney prohibited from exercising notarial functions

RS 35:14 - 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.
Added by Acts 1976, No. 301, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:16. Administrative revocation of notarial commission or authority

RS 35:16 - Administrative revocation of notarial commission or authority
A. The secretary of state shall suspend the commission of a notary public who is not an attorney when the notary ceases to be a registered voter in the parish of that notary's commission, or is convicted of a felony. The secretary of state shall send a notice of suspension by certified mail, return receipt requested, to the notary public stating the reasons for his suspension.
B. If the suspension arises from failure of the notary to be registered as a voter in his parish of commission, the notice of suspension shall give the notary public ten days from the date of receipt to register as a voter in the parish of his commission. If the notary public fails to do so, the secretary of state shall notify the attorney general or the district attorney of the parish in which the notary is commissioned for the purpose of instituting a rule to show cause to revoke the commission pursuant to R.S. 35:15.
C. If the suspension arises from conviction of a felony, the period of suspension shall continue until the conviction is final and all appellate review of the original trial court proceedings has been exhausted. If the conviction is reversed upon appeal, or if a pardon is issued for the conviction, the suspension shall terminate and the commission shall be reinstated. When the conviction is final and all appellate review of the original trial court proceedings is exhausted, and if no pardon has been issued, the secretary of state shall notify the attorney general or the district attorney of the parish in which the notary is commissioned for the purpose of instituting a rule to show cause to revoke the commission pursuant to R.S. 35:15.
Acts 2012, No. 279, §1; Acts 2016, No. 116, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:71. Requirement of bond or insurance; suspension of notarial commissions; renewal of bonds or insurance; penalty

RS 35:71 - Requirement of bond or insurance; suspension of notarial commissions; renewal of bonds or insurance; penalty
A.(1) 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 the notary posts and maintains bond, with good and solvent security, in the amount of ten thousand dollars conditioned on the faithful performance of all duties required by law toward all persons who may employ him in his official capacity as notary public, or that the notary maintains a minimum of ten thousand dollars in errors and omissions insurance coverage.
(2) The provisions of this Section shall not be applicable to notarial bonds which are currently valid and enforceable until such bonds expire and are required to be renewed.
B. All notaries required to post bond, or required to maintain insurance coverage in lieu of posting bond in accordance with this Section, shall file their bond or evidence of current insurance coverage with the secretary of state, and shall maintain on file with the secretary of state their bond or evidence of current insurance coverage at all times.
C. Any court of competent jurisdiction may suspend the commission of any notary for failure to pay over money entrusted to him in his official capacity as a notary public, for failure to satisfy any final judgment rendered against him in such capacity, or for other just cause.
D.(1) 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.
(2) All notaries required to renew their bonds shall file the new or renewed bond or evidence of current insurance coverage with the secretary of state as provided in Subsection B of this Section.
E. The commission of any qualified notary, other than a licensed attorney at law, who fails to renew his notarial bond timely or who fails to timely file his new or renewed bond or evidence of insurance coverage, as provided in Paragraph (D)(2) of this Section, shall be automatically suspended, and the notary shall have no authority to exercise any of the functions of a notary public until the required bond or insurance is in force and effect, and the bond or evidence of insurance has been filed with the secretary of state.
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.1
Acts 1989, No. 769, §1, eff. Jan. 1, 1990; Acts 2004, No. 562, §1; Acts 2006, No. 796, §1.
1R.S. 49:950 et seq.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:72. Bonds; elimination of requirement

RS 35:72 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:73. Bond not mortgage until suit filed and notice of lis pendens recorded

RS 35:73 - 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
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:74. Inclusion of bonds in mortgage certificates

RS 35:74 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:75. Substituted notarial bond with personal surety

RS 35:75 - 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 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.
Acts 1952, No. 497, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:76. Release of surety company upon acceptance of personal surety bond

RS 35:76 - 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.
Acts 1952, No. 497, §2.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:77. Cancellation of surety company bond

RS 35:77 - 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.
Acts 1952, No. 497, §3.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:131. Grant of leave of absence; suspension of prescription

RS 35:131 - Grant of leave of absence; suspension of prescription
A. The secretary of state on behalf of the governor may grant leave of absence to notaries public for a period not exceeding thirty-six months, to date from the day the leave is granted.
B. Absence from the state suspends the running of prescription against the notary.
Acts 1989, No. 497, §1; Acts 2006, No. 423, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:132. Notaries in military service, leave of absence

RS 35:132 - Notaries in military service, leave of absence
A leave of absence may be granted by the secretary of state on behalf of the governor to any notary public upon his application to the secretary of state 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.
Acts 2006, No. 423, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:133. Notaries in military service, period of leave

RS 35:133 - 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 the leave is granted 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.
Acts 2006, No. 423, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:134. Expiration of bond during military service; renewal

RS 35:134 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:191.1. Secretary of state; uniform statewide standards, rules, and procedures for notarial examinations

RS 35:191.1 - Secretary of state; uniform statewide standards, rules, and procedures for notarial examinations
A. The secretary of state shall, with the advice and assistance of the courts and such subject matter experts as the secretary of state may request, develop uniform statewide standards for notarial examinations required by R.S. 35:191(C), which shall be administered at regional testing centers by the secretary of state. The standards developed shall include all of the following:
(1) The procedures and rules for administering and grading the examination for applicants required to take an examination.
(2) The format and content of the examination.
(3) The procedures for review by the secretary of state of any examination which was taken pursuant to R.S. 35:191(C) and which was failed by the examinee.
B. The secretary of state shall also:
(1) Charge a fee of one hundred dollars for each examinee taking an examination.
(2) Publish and make available to the public a document containing the material and sources from which examination questions are devised for use as a study guide and charge a fee of one hundred dollars.
C. The secretary of state is authorized to develop, with the advice and assistance of academically credentialed education professionals, a notary education program for the formal education of candidates for a notary commission.
Acts 2003, No. 1142, §1, eff. Jan. 1, 2004; Acts 2004, No. 754, §§1, 2, eff. Jan. 1, 2005; Acts 2006, No. 423, §1, eff. June 15, 2006; Acts 2012, No. 279, §1; Acts 2016, No. 438, §1, eff. June 9, 2016.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:191.2. Secretary of state; authority; duties

RS 35:191.2 - Secretary of state; authority; duties
The secretary of state shall:
(1) Develop a system for compiling and maintaining a current and accurate database of all notaries in this state and assign to each notary a unique "notary identification number".
(2) Develop the annual report form and mail by United States Postal Service, or provide by electronic means, the annual report form:
(a) To all notaries required to submit an annual report pursuant to R.S. 35:202(A), at least sixty days prior to the anniversary of the date each notary received his commission, commencing with anniversaries occurring on January 1, 2004.
(b) To all offices, agencies, departments, and political subdivisions required to submit an annual report pursuant to R.S. 35:202(D) on May first of each year, commencing on May 1, 2004.
(3) Collect a fee for receiving and processing the annual report of each notary, not to exceed twenty-five dollars per report.
(4) Publish a list of all fees charged by the secretary of state pursuant to this Title in the Louisiana Register.
Acts 2003, No. 1142, §1, eff. Jan. 1, 2004; Acts 2012, No. 279, §1; Acts 2013, No. 220, §13, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:191.3. Notary change of address; duty to register

RS 35:191.3 - Notary change of address; duty to register
A. It shall be the duty of every notary public or other person authorized to exercise notarial functions in the state to whom the secretary of state has issued a notary identification number to notify the office of the secretary of state within sixty days after the date of any change in residential address, mailing address, or both.
B. The secretary of state shall include notice of this requirement on its notary annual report form.
Acts 2008, No. 856, §1
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:191.4. Secretary of state; procedures for registration and reporting of notary instructors

RS 35:191.4 - Secretary of state; procedures for registration and reporting of notary instructors
A.(1) The secretary of state shall develop and administer a program to provide for the registration and reporting of persons who provide notary examination preparatory education and instruction.
(2) As used in this Section, a "provider" shall mean any person who provides a course or courses of instruction or study for the training and instruction of persons preparing for the Louisiana notary public examination required for the office of notary public and who charges a fee to any consumer for such service.
B. Beginning February 28, 2015, each person who provides notary examination preparatory education and instruction shall be required to be a commissioned notary public with statewide notarial authority.
C. Each provider shall submit an annual registration statement to the secretary of state on or before January first of each year beginning January 1, 2010. The secretary of state shall provide the form to be used for registration with the secretary of state and all registrations shall be submitted on the form provided by the secretary of state.
D. Each provider, except an educational institution that operates under the oversight of the Board of Regents, Board of Supervisors for the University of Louisiana System, Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Board of Supervisors of Southern University and Agricultural and Mechanical College, or Board of Supervisors of Community and Technical Colleges, shall annually post a bond guaranteed by a commercial surety licensed to do business in this state with the secretary of state in the amount of twenty-five thousand dollars. The bond shall be to ensure the performance of the provider's obligation to deliver any educational services contracted for and shall remain in effect for a period of one year.
E.(1) The secretary of state may impose a penalty of not more than one thousand dollars per day against a provider who is not in compliance with the requirements of this Section.
(2) If a penalty imposed under the provisions of this Section is not timely paid by a provider within thirty days of imposition of the penalty by the secretary of state, the attorney general shall institute proceedings against the provider to collect such penalty.
F. Each provider shall be exempt from the licensing requirements of R.S. 17:3140.1 et seq., pertaining to such educational programs or instruction.
G. The secretary of state may establish and require an annual professional development and education program for providers.
H. The secretary of state may promulgate rules and regulations, where necessary, for implementation of the provisions of this Section, in accordance with the Administrative Procedure Act.
I. Repealed by Acts 2021, No. 24, §2, eff. June 1, 2021.
Acts 2009, No. 80, §1; Acts 2012, No. 279, §1; Acts 2021, No. 24, §§ 1, 2, eff. June 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:192. Execution and recordation of bond; filing of certificate of competency

RS 35:192 - 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 ex officio 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, and if secured by personal surety, recorded in the mortgage office of the parish.
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.
Amended by Acts 1977, No. 451, §1; Acts 2012, No. 279, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:193. Original surety company bond; necessity for recordation

RS 35:193 - 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.
Amended by Acts 1977, No. 451, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:194. Substitution of personal surety bond or special mortgage

RS 35:194 - 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.
Amended by Acts 1977, No. 451, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:195. Cancellation of personal surety bond or special mortgage

RS 35:195 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:196. Substituted surety company bond; necessity for recordation

RS 35:196 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:198. Liability of notary and surety; effect of surety company bond; cancellation of bond for nonpayment

RS 35:198 - 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.
Amended by Acts 1977, No. 451, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:200. Limitation on actions

RS 35:200 - Limitation on actions
A. No action for damages against any notary public duly commissioned in any parish in this state, any partnership of such notaries public, or any professional corporation, company, organization, association, enterprise, or other commercial business or professional combination answerable for the damage occasioned by such notary public in the exercise of the functions of a notary public, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to provide notarial services shall be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of the alleged act, omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is discovered or should have been discovered; however, even as to actions filed within one year from the date of such discovery, in all events such actions shall be filed at the latest within three years from the date of the alleged act, omission, or neglect.
B. The provisions of this Section are remedial and apply to all causes of action without regard to the date when the alleged act, omission, or neglect occurred. However, with respect to any alleged act, omission, or neglect occurring prior to July 1, 2004, actions shall, in all events, be filed in a court of competent jurisdiction and proper venue on or before July 1, 2007, without regard to the date of discovery of the alleged act, omission, or neglect. The one-year and three-year periods of limitation provided in Subsection A of this Section are peremptive periods within the meaning of Civil Code Article 3458 and, in accordance with Civil Code Article 3461, may not be renounced, interrupted, or suspended.
C. Notwithstanding any other law to the contrary, in all actions brought in this state against any notary public duly commissioned in this state, any partnership of such notaries public, or any professional corporation, company, organization, association, enterprise, or other commercial business or professional combination answerable for the damage occasioned by such notary public in the exercise of the functions of a notary public, the prescriptive and peremptive period shall be governed exclusively by this Section.
D. The provisions of this Section shall apply to all persons whether or not infirm or under disability of any kind and including minors and interdicts.
E. The peremptive period provided in Subsection A of this Section shall not apply in cases of fraud, as defined in Civil Code Article 1953.
F. The provisions of this Section shall not apply to notaries who are attorneys, who shall be subject to the provisions of R.S. 9:5605.
Added by Acts 1977, No. 451, §2; Acts 2004, No. 77, §1, eff. May 28, 2004.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:287. Deputies

RS 35:287 - 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.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:323.1. Repealed by Acts 2006, No. 621, §20(A), eff. Jan. 1, 2009.

RS 35:323.1 - Repealed by Acts 2006, No. 621, §20(A), eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:337.1. Repealed by Acts 2006, No. 621, §20(A), eff. Jan. 1, 2009.

RS 35:337.1 - Repealed by Acts 2006, No. 621, §20(A), eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:391. Ex officio notaries; qualifications

RS 35:391 - 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 ten 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, or he has maintained a minimum of ten thousand dollars in errors and omissions insurance coverage.
(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.
Acts 1990, No. 290, §1, eff. Jan. 1, 1991; Acts 1992, No. 623, §1; Acts 1993, No. 877, §1; Acts 2003, No. 926, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:392. Ex officio notaries; bond; oath

RS 35:392 - 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.
Acts 1990, No. 290, §1, eff. Jan. 1, 1991; Acts 1992, No. 623, §1; Acts 1993, No. 877, §1.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:392.1. Ex officio notaries

RS 35:392.1 - Ex officio notaries
A. Any person, not a regularly commissioned notary, who is an ex officio notary, or who is otherwise authorized under the various revised statutes and codes of this state to administer oaths or exercise any or all of the functions, powers, and authority of a notary, is authorized to perform those functions, powers, and authority only as they are directly related to and required for the operation of the office, agency, or department under which the authority is granted. All acts which are performed beyond the specific authority granted in the various statutes and codes of this state to administer oaths and to perform the functions, powers, and authority of a notary and which are not directly related to or required for the operation of the office, agency, or department shall be null and void.
B. The provisions of this Section shall not be applicable to documents notarized by a clerk of court or any of the deputy clerks of court who are employees of the clerk of court when such documents are notarized within the course and scope of their employment with the office of clerk of court. However, nothing in this Section shall prohibit such clerks and deputy clerks from notarizing vehicle titles or acknowledging the signatures on authentic acts even if such authentic acts are not within the course and scope of their employment.
Acts 2003, No. 1142, §1, eff. Jan. 1, 2004; Acts 2004, No. 62, §2; Acts 2005, No. 64, §1, eff. June 16, 2005.
2023 Louisiana Laws › Revised Statutes › Title 35 - Notaries Public and Commissioners › §35:393. Ex officio notaries public for the Department of Public Safety and Corrections; powers

RS 35:393 - 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 acknowledgments.
B. Additionally, specially designated commissioned Louisiana state police officers assigned to intelligence, detectives, narcotics, or internal affairs, specially designated commissioned officers of the office of the state fire marshal, and commissioned agents of the office of alcohol and tobacco control shall have the power to administer oaths and receive sworn statements, in connection with their official duties.
Added by Acts 1977, No. 465, §1. Amended by Acts 1981, No. 810, §1; Acts 1982, No. 540, §1; Acts 1984, No. 873, §1; Acts 1990, No. 290, §2, eff. Jan. 1, 1991; Acts 2014, No. 171, §1.