3 questions

Id

Before passing an authentic act, how should a Louisiana notary establish each party's identity?

  • a.Trust the witnesses only
  • b.Skip ID for parties the notary has met once
  • c.By personal knowledge or current government photo ID
  • d.By phone confirmation

Because a Louisiana notary's acts have strong legal effect, the notary must identify each party by personal knowledge or satisfactory documentary evidence such as a current government photo ID. Proper identification protects the authenticity and proof value of the act.

Id

Witnesses to a Louisiana authentic act must be:

  • a.Related to a party
  • b.Competent and of the age of majority
  • c.Licensed notaries
  • d.Non-residents

Witnesses to an authentic act must be competent—of the age of majority and able to understand the act. Their competence supports the act's validity. Family relationship or profession is not the test; capacity and understanding are.

Id

A party to a proposed act appears clearly confused and unable to understand it. The Louisiana notary should:

  • a.Decline to proceed because capacity is doubtful
  • b.Proceed if a witness vouches
  • c.Proceed and note the confusion
  • d.Charge extra to proceed

The notary must be satisfied that each party has capacity and appears willingly. If a party cannot understand an act that may transfer property or create obligations, the notary should not proceed; doing so risks annulment of the act and personal liability.

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