5 questions

Acts

What power distinguishes a Louisiana notary from a common-law-state notary?

  • a.Charging higher fees
  • b.Drafting and passing authentic acts and other legal instruments
  • c.Certifying vital records
  • d.Serving without a bond

Louisiana is a civil-law state, so its notaries can draft and execute authentic acts and prepare contracts, sales, mortgages, and other legal instruments—work a common-law notary cannot do. Common-law notaries merely witness signatures and administer oaths. This drafting authority is the defining Louisiana difference.

Acts

An 'authentic act' in Louisiana is executed before the notary and:

  • a.No witnesses
  • b.One witness
  • c.Two competent witnesses
  • d.A judge

An authentic act is executed before a notary and two competent witnesses and signed by all. It carries full proof of its contents against the parties (Civil Code art. 1833). The two-witness formality is essential; missing it can reduce the instrument to an act under private signature.

Acts

Why does the Louisiana exam stress whether an authentic act or an act under private signature is required?

  • a.Because the notary may draft the document and the correct form affects its legal proof
  • b.Because the fee is different
  • c.Because only authentic acts need ID
  • d.Because private acts are illegal

Since a Louisiana notary often drafts the instrument, choosing the correct form is a substantive legal decision: an authentic act has full proof value and specific formalities (notary + two witnesses), while an act under private signature duly acknowledged has different effect. The exam tests this judgment heavily.

Acts

A Louisiana notary may prepare which of the following?

  • a.Only signature witnessing
  • b.A power of attorney, sale, or mortgage as a legal instrument
  • c.Only foreign documents
  • d.Nothing—they only witness

Louisiana notaries can prepare and pass powers of attorney, sales, mortgages, donations, and similar instruments as part of their civil-law authority. This drafting role, unavailable to common-law notaries, is central to the Louisiana commission and its demanding exam.

Acts

A Louisiana notary is asked to 'just witness' a document a common-law notary would only acknowledge. What broader option might Louisiana law give the notary?

  • a.None; Louisiana notaries only witness
  • b.Certifying a birth record
  • c.Drafting and passing the instrument as an authentic act with two witnesses
  • d.Refusing all real-property work

Because Louisiana notaries can draft and pass legal instruments, the notary may be able to prepare the document as an authentic act (executed before the notary and two witnesses) rather than merely witnessing a signature. Choosing the correct form is a core, tested civil-law judgment.

Report