2018 Louisiana Laws
Revised Statutes
TITLE 35 - Notaries Public and Commissioners
RS 35:191 - Appointment; qualifications; examination
CHAPTER 4. APPOINTMENT, QUALIFICATIONS,
AND BONDS OF NOTARIES
§191. Appointment; qualifications; examination
A.(1) Any person 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:
(a) Is a resident citizen or alien of this state.
(b) Is eighteen years of age or older.
(c) Reads, writes, speaks, and is sufficiently knowledgeable of the English language.
(d) Has received a high school diploma, has received a diploma for completion of a home study program approved by the State Board of Elementary and Secondary Education, or has been issued a high school equivalency diploma after successfully completing the test of General Educational Development.
(e) Is not under interdiction or incapable of serving as a notary because of mental infirmity.
(f) Has not been convicted of a felony, or if convicted of a felony, has been pardoned.
(g) Meets the requirements established by law for each commission sought.
(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 all adjacent parishes that have a population of less than forty thousand and in which he or his employer maintains an office, without additional bonding or further application or examination.
(3)(a) A valid notarial commission shall be one that has not been revoked or resigned, and that was issued to a person who, at the time of issuance in accordance with the provisions of this Section, possessed the qualifications for office set forth in Paragraph (A)(1) and Subsection B of this Section, and who is currently possessed of those qualifications.
(b) A validly appointed notary public is a person who currently holds a valid notarial commission.
(c) A notarial commission that has been or is currently suspended by a court of competent jurisdiction as provided by R.S. 35:71(C), or otherwise by operation of law pursuant to R.S. 35:14 or for the failure of the notary to maintain the required bond or insurance, or for failure to timely file the annual report as provided by law, shall not, solely for the reason that it is a suspended commission, be deemed an invalid notarial commission.
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)(a) Submitting an application to the office of the secretary of state 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, and location of the office which was the basis for a current appointment as a notary in any other parish, if any.
(b) The application and qualifying process shall be administered by the office of the secretary of state.
(i) The application provided by the office of the secretary of state shall require the applicant to attest to his good moral character, integrity, and sober habits.
(ii) In the event that any of the applicant's answers or responses call into question the applicant's good moral character, integrity, or sober habits, the secretary of state shall submit such application to the district court in the parish for which the appointment is sought for judicial review and approval. If found competent as to character and fitness to serve as a notary public, the court shall issue to the secretary of state an appropriate certificate for the applicant signed by a judge of the court.
(iii) The application shall include the sworn statement of the applicant declaring the information provided therein is true and correct.
(c) The office of the secretary of state shall charge a fee of thirty-five dollars for filing and processing any application to be appointed a notary public provided for in Subparagraph (C)(1)(a) of this Section.
(d) The deadline for the application provided for in Subparagraph (C)(1)(a) of this Section and the application fee provided for in Subparagraph (C)(1)(c) or to register to take the exam as provided for in R.S. 35:191.1 shall be no later than sixty days prior to the date of the examination.
(2)(a) Taking a pre-assessment test, with no minimum score required, administered by the secretary of state to assess the probability of the applicant passing the examination as provided in R.S. 35:191.1.
(b) To qualify to take the pre-assessment test, the applicant shall have satisfied all requirements to be commissioned as a notary public in the parish, except for passing the examination as provided in R.S. 35:191.1.
(c) The pre-assessment test provided by this Paragraph shall be dispensed with if the applicant has been duly admitted to practice law in this state or holds a valid notarial commission in this state.
(3)(a) Taking and passing a written examination, as provided in R.S. 35:191.1, administered by the secretary of state.
(b)(i) The notary examination shall be given not less than twice per year on the days as determined by the secretary of state.
(ii) To qualify to be examined, the candidate shall have satisfied all requirements to be commissioned as a notary public in the parish, except for passing the examination.
(iii) The qualified candidate shall be permitted to register for any notary public examinations administered by the secretary of state within one year after the date the secretary of state notifies the candidate of his approval to take the examination. No further application fee shall be required during this period. The required examination fee, however, shall be paid for each examination.
(c) The examination provided for in this Paragraph shall be dispensed with if the applicant has been duly admitted to practice law in this state or holds a valid notarial commission in this state.
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.(1) Notwithstanding any other provision of law to the contrary, any person who has held a valid notarial commission in or for any parish either for a period of five years or who has taken and passed the written examination, as provided in R.S. 35:191.1 on or after June 13, 2005, and who changes his residence to another parish, and who complies with the laws governing application and qualifying for appointment to the office of notary public in the parish of his new residence, except taking and passing an examination, and who meets the prerequisites for commission issuance specified in R.S. 35:201, 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.
(2) A notary who is establishing a residence in a parish other than the parish of his commission and who seeks a commission in the parish of the new residence shall be deemed to be validly commissioned in the parish of his former residence for a period of sixty days, during which time he shall meet all the qualifications for appointment in and for the parish of the new residence. Should such notary desire to remain commissioned in the original parish based on maintaining an office in that parish, he shall file an affidavit to that effect with the secretary of state designating the location of the office and shall otherwise comply with the requirements for maintaining a dual commission as provided for in this Section.
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 any of the parishes of Caddo, Bossier, Bienville, DeSoto, Claiborne, or Webster 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, Bossier, Bienville, DeSoto, Claiborne, and Webster. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection.
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, Iberville, 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.(1)(a) Notwithstanding any other provision of law to the contrary including but not limited to the provisions of Subsection E of this Section and the duties imposed in that Subsection as a result of a change in residence, 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.
(b) Notwithstanding any other provision of law to the contrary, each person who is a validly appointed notary public in and for any parish in this state and who has taken and passed the written examination, as provided in R.S. 35:191.1 on or after June 13, 2005, may exercise the functions of a notary public in every parish in this state.
(c) 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.
(2) In order to qualify for the expanded jurisdictional limits authorized by this Subsection, any regularly commissioned notary public in and for any parish in this state who is not licensed to practice law in this state and who has not taken and passed the written examination as provided in R.S. 35:191.1 on or after June 13, 2005, may take the examination provided that he register directly with the secretary of state on a form provided for that purpose and pay the examination fee authorized by law no later than forty-five days before the date of a scheduled examination. Failure of such notary to pass the examination shall have no effect on the status of the commission of the notary.
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 further application or examination 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. Martin, 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, 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 the parish of Sabine, Natchitoches, Red River, Bienville, Winn, or Vernon is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parish of Sabine, Natchitoches, Red River, Bienville, Winn, or 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.
V.(1) Any notary public appointed in and for the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson, Jefferson Davis, Plaquemines, Orleans, St. Bernard, St. Tammany, Vermilion, and Washington who was displaced in the aftermath of Hurricane Katrina or Hurricane Rita may exercise any and all of the functions of a notary public in the parish of his temporary residence and in any other parish with which the parish of his temporary residence is grouped under the provisions of Subsections D, F through O, and Q through U of this Section, provided that such notary registers his temporary address with the secretary of state. No additional bonding requirement or examination shall be required under the authority granted by this Subsection.
(2) Any notary public qualified under Paragraph (V)(1) of this Section who complies with the laws governing application and qualifying for appointment to the office of notary public in said parish, except taking and passing an examination, and who meets the prerequisites for commission issuance specified in R.S. 35:201, 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.
(3) The authority granted by this Subsection shall expire on January 1, 2007.
W.(1)(a) Notwithstanding any provision of this Section or any other law to the contrary, any person who resides in a parish with a population of less than forty thousand, and who has passed the examination provided by R.S. 35:191.1, except for any performance assessment component, during examinations administered between December 1, 2009, and December 31, 2012, may be provisionally appointed to the office of notary public in and for that parish upon fulfillment of all requirements of this Subsection and upon meeting all other qualifications necessary to be appointed to the office of notary public in this state.
(b) Notwithstanding any provision of this Section or any other law to the contrary, any person who resides in a parish with a population of less than forty thousand and who passes the examination provided by R.S. 35:191.1, except for any performance assessment component, during examinations administered after January 1, 2013, and before August 1, 2017, may be provisionally appointed to the office of notary public in and for that parish upon fulfillment of all requirements of this Subsection and upon meeting all other qualifications necessary to be appointed to the office of notary public in this state.
(2)(a) A notary commissioned pursuant to this Subsection shall have authority to exercise all the powers of a notary public commissioned in this state as enumerated in R.S. 35:2, but shall exercise notarial functions only within the course and scope of his employment and under the direction of a supervisor for the employer who is not a notary commissioned under this Subsection. The term "employer" as used in this Subsection shall include only businesses that are in existence on January 1, 2013, but shall not include a business whose primary function is to provide notary services. The exercise of any notarial functions under this Subsection shall be deemed to be within the course and scope of employment if either of the following is applicable:
(i) The employer of the notary is a party to the act or other instrument being sworn to, acknowledged, or passed before the notary, or the act or other instrument is necessary to or incidental to the business activities or operations of the employer.
(ii) At least one of the persons appearing before the notary to execute an affidavit, acknowledgment, or other notarial act or instrument is a former, current, or prospective client or customer of the employer.
(b) A notary commissioned pursuant to this Subsection shall not do any of the following in the course and scope of his employment:
(i) Draft and prepare a last will and testament or donation mortis causa.
(ii) Draft and prepare a trust.
(iii) Draft and prepare any instrument that transfers title to immovable property including but not limited to an act of sale or act of donation.
(3) A notary commissioned pursuant to this Subsection shall have jurisdiction within the parish of commission, and in any adjacent parish with a population of less than forty thousand where the employer of the notary maintains an office.
(4)(a) All notaries commissioned pursuant to this Subsection shall post and maintain a bond, at the expense of the employer, with a commercial surety licensed in this state, in the amount of twenty thousand dollars conditioned on the faithful performance of all duties required by law toward all persons who receive his services in his official capacity as notary public. The minimum bond requirements described in this Paragraph shall be in lieu of those provided by R.S. 35:71.
(b) The employer shall hold the notary harmless for any claim made against his bond when the notary is acting in the course and scope of the employment or under the direction of the employer.
(c) All persons requesting a commission pursuant to this Subsection shall, in addition to all other documents required for issuance of a commission pursuant to this Title, submit a statement signed by the applicant and the employer of the applicant providing all of the following:
(i) The name and principal business address of the employer.
(ii) The primary address at which the applicant will exercise notarial functions.
(iii) An acknowledgment of the limits of the authority and jurisdiction of a commission issued pursuant to the provisions of this Subsection and the penalties that may be imposed for violations of the limitations and prohibitions imposed by this Subsection.
(d) All notaries commissioned pursuant to this Subsection shall be required to attend a notary orientation class approved by the secretary of state.
(5)(a) If the employer named in the statement required by Subparagraph (4)(c) of this Subsection terminates the employment of the notary commissioned pursuant to this Subsection, or if the employer no longer wishes to be bound by the provisions of this Subsection with respect to any person commissioned pursuant to its provisions, the employer shall immediately send written notice to the secretary of state, and the commission shall be automatically revoked unless the notary complies with the provisions of Item (b)(i) or (ii) of this Paragraph.
(b) If the notary commissioned pursuant to the provisions of this Subsection voluntarily terminates his employment with the employer named in the statement required by Subparagraph (4)(c) of this Subsection, the notary shall immediately send written notice to the secretary of state, and the commission shall be assigned a status as follows:
(i) If the notary declares in writing his intention to remain qualified under this Subsection, the secretary of state shall assign the notary a provisional inactive status until the notary submits a new statement required by Subparagraph (4)(c) of this Subsection, and the notary shall exercise no notarial functions until the secretary of state notifies him and the new employer that the required statement has been received and that the commission registry reflects a provisional active status.
(ii) If the notary declares in writing his intention to pursue successful completion of the performance assessment component of the examination provided by R.S. 35:191.1, the secretary of state shall assign the notary a provisional inactive status until he passes the performance assessment component, and the notary shall exercise no notarial functions until he passes the performance assessment component and is notified by the secretary of state that his commission status is changed.
(6)(a) No notarial act executed by a notary commissioned pursuant to this Subsection shall be deemed invalid or unenforceable as a notarial act solely on the basis that the execution of the act exceeded the authority or jurisdiction limitations imposed by Paragraphs (2) and (3) of this Subsection.
(b) An employer shall have no liability to any person for any damages caused by the negligent or fraudulent errors or omissions by any notary commissioned pursuant to this Subsection when the exercise of the notarial functions giving rise to the damages was occasioned by the notary acting outside the course and scope of his employment as established by this Subsection.
(7) Any person receiving a notary commission pursuant to this Subsection may have his commission suspended or revoked by the court pursuant to R.S. 35:15. In addition, upon receipt of a sworn affidavit and a determination by the secretary of state that reasonable grounds exist requiring immediate action in order to protect the public from unauthorized notarial practice, the secretary of state may summarily suspend the commission of a notary commissioned pursuant to this Subsection prior to the rule to show cause hearing provided for in R.S. 35:15. Upon such a suspension, the secretary of state shall notify the notary whose commission was suspended by certified mail, return receipt requested, and include a copy of the order of immediate suspension informing the notary that he has thirty days from receipt of the notice to file a written appeal with the secretary of state contesting the decision to suspend the commission. During such a period of suspension, the notary shall have no authority to exercise any of the duties or functions of a notary public. If the notary fails to file a written appeal within thirty days of receipt of the notice or if no later than thirty days after receipt of the notary's written appeal the secretary of state determines that the suspension should be upheld, the secretary of state shall notify the district attorney of the parish in which the notary is commissioned for the purpose of institution of the rule to show cause proceeding to revoke the commission pursuant to R.S. 35:15.
(8) The secretary of state shall on or before March 1, 2014, and March 1, 2015, provide a written report to the House Civil Law and Procedure Committee and the Senate Committee on Judiciary A detailing the intervening progress in implementation of the acts which originated as House Bill No. 929 (Acts 2012, No. 279) and House Bill No. 1192 (Acts 2012, No. 829) of the 2012 Regular Session. The secretary of state shall include in his report a compilation of the results of the notary examinations administered, the number of non-attorney and provisional notaries commissioned in Louisiana, the parishes where such provisional notaries are authorized to practice as a notary, and the number of provisional notaries whose commission has been suspended by the secretary of state, or suspended and/or revoked by the court.
(9) The provisions of this Subsection shall expire on August 1, 2017, and any commission granted pursuant to this Subsection shall also expire on that date, except if the notary has, subsequent to issuance of a commission pursuant to this Subsection, passed all components of the examination provided by R.S. 35:191.1 on or before August 1, 2017.
Amended by Acts 1992, No. 396, §1; Acts 1992, No. 996, §1; Acts 1995, No. 333, §1; Acts 1995, No. 439, §1; Acts 1995, No. 1028, §§1, 2; Acts 1997, No. 1320, §1; Acts 2003, No. 926, §1; Acts 2003, No. 1142, §1, eff. Jan. 1, 2004; Acts 2004, No. 562, §1; Acts 2004, No. 754, §1, eff. Jan. 1, 2005; Acts 2005, No. 84, §1; Acts 2006, No. 423, §1, eff. June 15, 2006; Acts 2006, No. 793, §1; Acts 2006, No. 796, §1; Acts 2007, No. 157, §1; Acts 2008, No. 856, §1; Acts 2008, No. 904, §1, eff. July 10, 2008; Acts 2012, No. 279, §1; Acts 2012, No. 492, §1; Acts 2012, No. 829, §1, eff. Jan. 1, 2013; Acts 2014, No. 610, §1, eff. June 12, 2014; Acts 2015, No. 181, §1; Acts 2018, No. 145, §1, eff. May 15, 2018.
