Chapter 1 of 822% of exam

Notarial Acts & Their Differences

Louisiana is a civil-law state, so its notaries are quasi-judicial officers with powers no common-law notary has: they draft and execute 'authentic acts,' pass contracts, and prepare a wide range of legal instruments.

Authentic acts and broad civil-law powers

A Louisiana notary may draft and pass authentic acts—instruments executed before the notary and two witnesses that carry full proof of their contents (Civil Code art. 1833). Louisiana notaries can prepare and execute contracts, powers of attorney, sales, mortgages, donations, matrimonial agreements, and affidavits. This drafting authority is the defining difference from common-law states, where notaries merely witness and cannot prepare legal documents.

Acknowledgments, affidavits, and acts under private signature

Beyond authentic acts, a Louisiana notary takes acknowledgments, administers oaths, executes affidavits, and can acknowledge acts under private signature. Because a Louisiana notary may draft the very documents they notarize, the exam heavily tests when an authentic act (notary + two witnesses) is required versus an act under private signature duly acknowledged.

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