Chapter 2 of 813% of exam

Signer Identification & Satisfactory Evidence

Identifying the parties and witnesses is essential because a Louisiana notary's acts have strong legal effect. The notary must know the parties or establish identity by satisfactory evidence.

Identifying parties and witnesses

For an authentic act the notary and two competent witnesses must be present with the parties. The notary should identify each party by personal knowledge or by satisfactory documentary evidence (a current government photo ID). Witnesses must be competent (of the age of majority and able to understand). Improper identification undermines the authenticity and proof value of the act.

Competence and capacity

The notary must assess that the parties understand the act and are not incapacitated. Because Louisiana acts can transfer property and create obligations, verifying that a party has capacity and appears willingly is a core duty. A notary who proceeds despite obvious incapacity risks the act being annulled and personal liability.

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