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Louisiana Notary Public: Chapter 7 Study Guide, Exams of Law

Louisiana Delta Community CollegeLaw

A comprehensive overview of louisiana notary chapter 7, focusing on the office of notary public. It covers key aspects such as the term of office, grounds for prosecution of official misconduct, conditions for commission suspension, and reasons for removal from office. The document also details the general powers of a notary public, parish reciprocity, and the duty to record instruments involving immovable property. Furthermore, it outlines the appointment process, qualifications, procedures, types of bonds, and duties to maintain the commission. This resource is valuable for individuals preparing for the notary exam or seeking a deeper understanding of notary regulations in louisiana. It also addresses the standard for identifying individuals for notarization and the prescriptive period for negligence actions against notaries. A useful study aid for anyone involved in or studying notary practices in louisiana.

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2024/2025

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Louisiana Notary Chapter 7 - Office of
Notary Public with Complete Solutions!!
What is the term of office for a notary public? - ANSWER-The commission is issued
without expiration and is in force and effect for as long as notary remains qualified
What crimes can a notary public be prosecuted for official misconduct? - ANSWER-
Malfeasance in office
Bribery or corrupt influence
Injuring public records
Filing false public records
Forgery
Unauthorized exercise of notarial powers
When will a notary's commission be suspended by operation of law? - ANSWER-Failure
to maintain bond
Failure to timely file annual report
For an attorney - disbarred or suspended from the practice of law
When can a notary be removed from office? - ANSWER-The governor may remove a
notary from office or when convicted of a felony, by prosecution of a removal suit
brought by the district attorney - In Orleans Parish, by a commission revocation
process; Impeachment by the Louisiana House of Reps and conviction by La. State
Senate
What are the general powers of a notary public? - ANSWER-Family meetings/meetings
of creditors (outdated)
Jurisdictional limit of the entire state after 2005 (not commission); Parish groups
What does it mean to have parish reciprocity? - ANSWER-There is a certain reciprocity
given to parish groups. (6 parishes are not included in any parish group)
This means that an "old school" notary could be commissioned in Caddo Parish and
have "reciprocity" (can notarize) in Bossier, Cado, Bienville, Claiborne, Desoto and
Webster parishes.
Explain a notary's duty to record/register instruments involving immovable property. -
ANSWER-Louisiana R.S. 35:199 imposes a duty on a notary to record all acts affecting
immovable property.
In all parishes, except Orleans, the notary has 15 days.
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Louisiana Notary Chapter 7 - Office of

Notary Public with Complete Solutions!!

What is the term of office for a notary public? - ANSWER-The commission is issued without expiration and is in force and effect for as long as notary remains qualified What crimes can a notary public be prosecuted for official misconduct? - ANSWER- Malfeasance in office Bribery or corrupt influence Injuring public records Filing false public records Forgery Unauthorized exercise of notarial powers When will a notary's commission be suspended by operation of law? - ANSWER-Failure to maintain bond Failure to timely file annual report For an attorney - disbarred or suspended from the practice of law When can a notary be removed from office? - ANSWER-The governor may remove a notary from office or when convicted of a felony, by prosecution of a removal suit brought by the district attorney - In Orleans Parish, by a commission revocation process; Impeachment by the Louisiana House of Reps and conviction by La. State Senate What are the general powers of a notary public? - ANSWER-Family meetings/meetings of creditors (outdated) Jurisdictional limit of the entire state after 2005 (not commission); Parish groups What does it mean to have parish reciprocity? - ANSWER-There is a certain reciprocity given to parish groups. (6 parishes are not included in any parish group) This means that an "old school" notary could be commissioned in Caddo Parish and have "reciprocity" (can notarize) in Bossier, Cado, Bienville, Claiborne, Desoto and Webster parishes. Explain a notary's duty to record/register instruments involving immovable property. - ANSWER-Louisiana R.S. 35:199 imposes a duty on a notary to record all acts affecting immovable property. In all parishes, except Orleans, the notary has 15 days.

What other directives do notaries have other than recordation? - ANSWER-Failure to act in accordance with these directives may not invalidate the act, but could expose the notary to liability and suspension for "just cause."

  1. Notifying the secretary of state withing 60 days of a change of mailing address, residential address or both. La. R.S. 35:191. What is the appointment process for becoming a notary? - ANSWER-Secretary of State's office oversees the application process. Once the S of S has qualified the applicant, the governor makes the appointment; Judicial: During the application process,app can be submitted to the district court of the applicant's residence for judicial review and approval. If the judge determines that the applicant is fit, then she issues a certificate to the S of S. to that effect. Legislative: the State Senate confirms the appointment. What are the qualifications for becoming a notary? - ANSWER-Resident of LA 18 years old A registered voter of the parish of your residence (if you are a citizen of the U.S.) What are the procedures for appointment? - ANSWER-Apply to the S of S; Take and pass exam; Obtain bond or insurance; Commission issuance: La. R.S. 35:201 lists pre- requisites for commission.
  2. certificate
  3. Oath of office
  4. bond
  5. Official signature What kinds of bond can a notary have? - ANSWER-post $10K surety bond or maintain errors & omissions insurance $10K; What must a notary do to maintain his commission? - ANSWER-Maintain a good and solvent bond. Maintain other qualifications for your office: maintaining residence in your parish. and maintaining voter registration. What is the difference between a defacto and a de jure notary? - ANSWER-de jure notary is in full compliance. de facto notary properly acquired the office, but lost status. Annual reports. What is the standard for identifying a person for whom you are notarizing an act? - ANSWER-exercise the care of a prudent businessman in ascertaining the id of the parties. good foms of id are DL, Passport, and military ID. Does a notary have a duty to inspect an instrument or guarantee its validity if he did not prepare it? - ANSWER-If a person presents a notary with a document to be notarized,

What kinds of bonds can a notary have? 2 - ANSWER-Commercial Surety bond (renewed every 5 years): (aka allstate) underwritten by an authorized surety company; Property bond: mortgage on a notary's immovable property in parish where commissioned. Not a mortgage unless notary sued. Recorded with the clerk of court's office. personal surety (good for life of surety): bond underwritten by an individual. Must be recorded with the clerk of court. [E & O policy of insurance has a definite term]. What other directives do notaries have other than recordation? 3 - ANSWER-Christian and family name of a woman who is married or a widow, adding that she is the wife or widow of the husband's name. La. R.S. 35:11 The Full names of of the parties (Christian names and surnames, and not the initial letters alone). La. R.S. 35:12. A full name or a name in full shall include at least one given name and other initials in addition to the surname. What other directives do notaries have other than recordation? 4 - ANSWER-The permanent mailing address of the parties to their acts. La. R.S. 35:12. The full names of the witnesses and the notary printed below their respective signatures. La. R.S. 35:12. The notary identification number or bar roll number placed next to the printed name of the notary. La. R.S. 35:12. What other directives do notaries have other than recordation?5 - ANSWER-In an act of sale of immovable property, a notary must designate the name of the person responsible for all property taxes and assessments and include the address where property tax and assessment notices are to be mailed. La. R.S. 9:2721. What other directives do notaries have other than recordation?6 - ANSWER-Paraphing, by the notary who passed the act, a note or other obligation for identification with the act when presented to the notary for that purpose. La. C.C. 3325. What other directives do notaries have other than recordation?7 - ANSWER-including the name or present status or a declaration that the party is unmarried; a declaration whether a change has been made in the marital status of a party since he/she acquired the property and the manner in which the marital change occurred; the municipal number or postal address of the property if it has one; The last four digits of the SSN (Taxpayer id no) of the mortgagor; the notary's id, and typed or printed name of notary and witnesses