Why do I need a notary?
A notarial act is the notary’s written narrative of a particular transaction involving people, their declarations, their things, their relationships, their money, or some combination thereof. We can confect legal documents and provide legal credence. We are charged with knowing the civil code of Louisiana and are considered “the common man’s lawyer”, although we cannot advise as a lawyer.
There is little that a notary does in his official capacity that can’t come under the scrutiny of judges in any of Louisiana’s courts. In the day-to-day workings of the court, judges issue judgments in civil matters, hand down sentences in criminal matters, and hear and decide appeals with reliance on the attestations given by notaries that people have indeed said and done things declared in notarial acts and affidavits. It’s a given that at any time there are stacks of notarial documents within His Honor’s easy reach. The bottom line: the notary’s signature. It should come as no surprise that a notary may at any time receive a subpoena to appear before a judge to testify about the circumstances surrounding the execution of a notarial act, affidavit, or certificate. Very few documents or transactions can be given full legal efficacy without the notary’s imprimatur and establishing the date on which they were executed. He may lose his commission, receive fines and prison time if found intentionally not living up to the responsibility for which he was charged when it took his oath of office.
Why is the Louisiana Notary different?
The notary in Louisiana is a public official (not a witness as in the rest of the states), being appointed by the governor with the advice and consent of the senate after meeting the requirements. The notary is given broad and far-reaching powers to draft and execute many different types of instruments having legal effect. Notaries in Louisiana are authorized to make inventories, appraisements, partitions, wills, protests, matrimonial contracts, conveyances, and, generally, all contracts and instruments in writing. A Louisiana notary is also empowered to execute authentic acts, receive acknowledgments of acts under private signature, and officiate at family and creditors’ meetings.
Therefore, the notary must be possessed of fundamental knowledge about the nature of the civil law system in Louisiana. The notary is charged with protecting and guarding the interests of both parties, advocating for the process. He was originally called “the common man’s lawyer” due to his ability to explain proper civil procedure.
Do I need witnesses?
When a document requires witnesses, it is called an authentic act, must comply with special requirements, and is vested with a very special and strong evidentiary force. In civil law jurisdictions, an authentic act is required not only for gratuitous contracts but for nearly all transactions involving immovable property, marriage settlements, and for many corporate acts, such as formation of a corporation and charter amendments. The reason for requiring authentic form lies not only in its evidentiary value but also because in many countries only documents drawn in authentic form are allowed to be inscribed in the public records. An authentic act must include the notary’s identification number or the attorney’s bar roll number and the typed, printed, or stamped name of the notary and 2 witnesses. Witnesses may be relatives, friends or any person other than the Principal or Representative but cannot be the Notary. For persons who may be confined to a hospital or nursing home, please take note that many of these institutions will not allow their employees to be witnesses. It is strongly suggested that you make arrangements to provide 2 witnesses at the time of the document signing.
What will I be required to do?
Explain to the Notary what you want done, then you and your witnesses must provide a Government issued photo ID, be sober, not interdicted, and for most acts be 18 or over. You will need to know your address and parish of residency and domicile, marital history and date of changes when it comes to acts involving immovable property. You will also provide payment. Your Notary may record your documents at the Clerk of Court, if required, or you can do it yourself.
Typical documents requiring a Notary Public’s impremteur
- Acknowledgments – after-the-fact party signature acknowledgments of a prior document. Can only be done if the prior document was done in proper form.
- Act of Adult Adoption – When the person to be adopted has attained the age of majority, he can be adopted without a judicial proceeding, but only if the adoptive parent is the spouse or surviving spouse of a parent of the person to be adopted.
- Act of Correction – A party to an earlier act appears to correct an error.
- Act of donation – An appearer gives property or movables to another, who accepts it.
- Act of Private Works, Building Contract Liens – establishes a privilege on an immovable to secure obligations arising out of construction or repairs made on an immovable.
- Act of Sale – A seller and buyer agree to terms on a whole or part interest in an immovable, with express acceptance on the part of the buyer.
- Affidavits – a written statement, or declaration, made under oath before a notary or other official authorized to administer an oath, and signed by the afflant and the officer. The affiant makes the declaration or statement under oath and is therefore subject to penalties for perjury or false swearing.
- Articles of incorporation – sometimes referred to as the corporate charter
- Articles of Organization – Limited liability companies can be established to conduct business for any lawful purpose, unless a more limited purpose is stated in its articles of organization.
- Auto Title Transfer – You will need a copy of the title, lien free. The title itself is the bill of sale. The seller should keep a copy of the title as it the Department of Motor Vehicles (DMV) may require you to produce it as evidence if the sale causes an insurance flag on your record. The buyer will proceed to the DMV with the notarized title, registration application, and proof of insurance, to transfer title of the vehicle into his/her name and receive a license plate.
- Bill of Sale – A proper written act of conveyance of a movable
- Certificate of Authority, LLC – the members act to give specific or general authority to a person.
- Conditional Procuration – A unilateral juridical act by which a person confers authority on another person to represent him in legal relations
- Corporate Resolution – Expression of a firm decision by the board of directors
- Counter Letters – Separate writing expressing the true intent of the parties rather than the intent purported to be manifested in another instrument; not binding on third parties unless recorded
- Declaration of Intent to Change Domicile – A sworn declaration of intent to change domicile, when recorded in the parishes from which and to which he intends to move may be considered as evidence of intent.
- Deed, Bond-for – A contract to sell real property, in which the purchase price is to be paid by the buyer to the seller in installations, and in which the seller, after payment of a stipulated sum, agrees to deliver title to the buyer
- Deed, Quitclaim – A common law term referring to a release of any rights, disputed or otherwise, a person has in immovable property
- Form for marital-status-change declaration – a declaration as to whether there has been a change in the marital status of any party who is a transferor of the immovable or interest or right since he acquired it, and if so, when and in what manner the change occurred
- Giving in Paymnet (DATION EN PAIEMENT) – an act in which a debtor transfers ownership of a thing to his creditor in payment of a debt
- Immobilization of a Movable, Act of – declaring that he is the owner of certain immovable and moveable property in which he declares said moveable to be permanently affixed to the immovable property and shall remain permanently attached to the land and be a part thereof
- Lease – Agreement by one party to let another party use a thing for a fixed price and term
- Limited Emancipation by Authentic Act – is the conferring of the effects of majority on a minor who has attained the age of sixteen, or who is married.
- Matrimonial Agreement “Separate property” – A contract made by a couple intending to marry, or by a married couple, for the purpose of establishing a separate property regime or modifying the legal regime.
- Mortgage Cancelation – require submission of a forn1al “request for cancellation” with appropriate attach1nents
- Non-Legal Custodian, Affidavit of – allows a “non-legal custodian” to give consent for a child to receive medical or educational services for which parental consent is usually required.
- Oath of office – it is either a sole1nn promise to faithfully perform the duties of a public office or of another position of fiduciary responsibility imposed by law (such as an executor), or a solemn promise that a declaration 1nade or about to be made either orally, or in writing, is the truth
- Partition – The act of dividing real property held in common into individually owned interest
- Partnership Contract – must be in writing if there are to be limited partners, and the name of the partnership must clearly represent that the partnership has limited partners.
- Personal Servitude – Usufruct – A right of limited duration on the property of another, Habitation – the nontransferable right of a natural person to dwell in the house of another, Right of Use – confers in favor of a person a specified use of an estate that is less than the full enjoyment conferred by a usufruct.
- Power of Attorney – allows you to appoint someone to represent you in business and financial transactions for general or specific conditions when you are unavailable.
- Predial servitudes – A predial servitude is a charge on a servient estate for the benefit of a dominant estate.
- Protest – a certificate of dishonor made by a notary certifying that a note, check, or other commercial paper was not satisfied when presented to the maker.
- Protho-Notarial Certificate – is an attestation, usually certified under “Acts of Congress,” issued by the clerk of court in the notary’s parish of commission, establishing that a particular person is a duly appointed, commissioned and qualified nota1y public in that parish.
- Provisional Custody by Mandate – authorizes the mandatary to make decisions with respect to the education, medical care, discipline, shelter. support, or general welfare of the child for 1 year.
- Renunciation of right to concur – The express or tacit abandonment of a right without transferring it to another.
- Sale, Cash – AKA – Cash Deed, Warranty Deed; a conveyance act where by the seller (vendor) conveys the immovable in exchange for the price paid in money by the purchaser (vendee)
- Sale, Credit – A contract of sale and mortgage and must contain the components of both; the sale is owner financed
- Sale, Exchange – a contract whereby each party transfers to the other the ownership of a thing other than money.
- Sale, with the Right of Redemption – A contract of sale may agree that the seller shall have the right of redemption, which is the right to take back the thing from the buyer
- Separate Property, Declaration of Acquisition of – A declaration in an act of acquisition that things are acquired with separate funds as the separate property of a spouse may be controverted by the other spouse unless he concurred in the act.
- Small Succession by Affidavit – Can be done with a notary by affidavit. It is he succession or the ancillary succession of a person who at any time has died leaving property in Louisiana having a gross value of seventy-five thousand dollars or less valued as of the date of death or, if the date of death occurred at least twenty-five years prior to the date of filing of a small succession affidavit.
- Statement of Authority, Unincorporated Association – an unincorporated organization, other than one created by a trust, consisting of two or more members joined by mutual consent for a common, nonprofit purpose. This allows the transfer, alienation and donation of immovable property
Local government requires notarial acts for most of their processes.
- City of New Orleans website for forms that “must be notarized”, click her
- City of New Orleans Permit and License Applications can be found here
- CPNC transfers and renewals
- CPNC NEW AND RENEWAL APPLICATION
- Contract of Sale
- FOR HIRE OPERATOR PERMIT (DRIVER) APPLICATION
- Process for Recording a Subdivision
- Renewal Driver’s Permit Application
- NEW ALCOHOLIC BEVERAGE PERMITS
- Building Permit Application
- tao affidavit
- CHANGE OF NON-CONFORMING USE APPLICATION
- Registry of Community Organizations Application
- Office of Supplier Diversity
- Occupational License Application
- TRADE LICENSE APPLICATION
- DISADVANTAGED BUSINESS ENTERPRISE NO-CHANGE AFFIDAVIT
- VOLUNTARY TRANSFER OF CUSTODY