Prohibited Acts, Misconduct & Liability
With broader power comes broader liability. Louisiana notaries can be held personally responsible for defective acts and face discipline for exceeding authority or acting with a conflict.
Conflicts and defective acts
A notary should not pass an act in which they have a personal interest that impairs impartiality, and must not execute an authentic act that fails a required formality (for example, missing witnesses). A defective authentic act may be reduced to an act under private signature or annulled, and the notary may be liable to the parties for resulting loss.
Acting within parish and commission limits
Historically Louisiana notaries were commissioned for a specific parish; a notary must act within the territorial jurisdiction of their commission. Exceeding jurisdiction, notarizing without the required witnesses, or preparing documents beyond their authority exposes the notary to discipline and civil liability.