Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVI - Notaries Public › Chapter 1 - Notaries Public › Section XLVI-143 - Provisional Notary

Current through Register Vol. 50, No. 6, June 20, 2024
A. A notary
				applicant can be provisionally commissioned if he meets the following
				qualifications and requirements:
1. the
				applicant resides and maintains a residence in a parish with a population of
				less than 40,000;
2. the applicant
				has passed the multiple choice and research section of the notary exam on or
				after December 1, 2009;
3. the
				applicant's authority to exercise the powers of a notary public is only within
				the course and scope of the applicant's employment;
4. the applicant's notarial authority shall
				be under the direction of a supervisor for the employer;
5. the applicant's supervisor shall not be a
				notary;
6. the applicant's employer
				must be a business that was in existence prior to January 1, 2013;
7. the applicant's employer shall not be a
				business whose primary function is to provide notary services;
8. the applicant's employer must be a party
				to the act or instrument being sworn to, acknowledged or passed before or the
				act or other instrument is necessary to or incidental to the business activity
				or operations of the employer;
9.
				at least one of the persons appearing before the applicant to execute an
				affidavit, acknowledgment, or other notarial act or instrument is a former,
				current, or prospective client or a customer of the employer;
10. applicant's jurisdiction is within the
				parish of commission and in any adjacent parish with a population of less than
				40,000 where his employer maintains an office;
11. the applicant must post and maintain a
				bond, at the expense of employer, in the amount of $20,000;
12. the applicant's employer shall hold
				harmless any claim made against the notary bond when the applicant is acting in
				the course and scope of employment or under the direction of the
				employer;
13. the applicant must
				submit the completed and notarized application for provisional notarial
				appointment provided by the secretary of state to the notary
				division;
14. the applicant is
				required to attend the notary orientation class provided by the secretary of
				state;
15. if the employer
				terminates the employment or no longer wishes to be bound by these provisions,
				he shall immediately send written notice to the secretary of state and the
				commission shall be automatically revoked unless:
a. the applicant declares in writing his
				intention to remain a provisional notary with an inactive status until a new
				application for provisional notary form from another employer is submitted to
				the secretary of state; or
b. the
				applicant declares in writing the desire to remain a provisional notary with an
				inactive status while pursuing successful completion of the notary exam and
				shall exercise no notarial functions until notified by the secretary of state
				that his status has been changed;
16. if the applicant voluntarily terminates
				employment with named employer, a written notification to the secretary of
				state must be submitted and:
a. the applicant
				declares in writing his intention to remain a provisional notary with an
				inactive status until a new application for provisional notary form from
				another employer is submitted to the secretary of state; or
b. declares in writing his intention to
				remain a provisional notary with an inactive status while pursuing successful
				completion of the notary exam and shall have no authority to exercise notarial
				functions until notified by the secretary of state that his status has been
				changed;
17. the
				applicant understands that the employer is not liable for any damages caused by
				negligent or fraudulent errors or omissions when notarizing outside the course
				and scope of employment;
18. the
				commission can be suspended or revoked by the court or suspended by the
				secretary of state pursuant to
				R.S.
				35:15; and
19. the provisional notary commission shall
				expire on August 1, 2016 unless all sections of the notary exam have been
				successfully completed.