2 questions

Prohibited

A Louisiana notary drafts an authentic act but forgets to have the required witnesses sign. What is a likely consequence?

  • a.The act is automatically valid
  • b.The defective act may be reduced to an act under private signature and the notary may be liable
  • c.Nothing happens
  • d.The state pays the parties

An authentic act missing a required formality, such as the two witnesses, is defective and may be reduced to an act under private signature or annulled. Because the notary drafted and passed it, the notary can be liable to the parties for resulting loss. Formalities matter.

Prohibited

A Louisiana notary is commissioned in one parish. Acting outside that territorial jurisdiction:

  • a.Is encouraged
  • b.Has no effect on validity
  • c.Can expose the notary to discipline and liability
  • d.Doubles the fee

Louisiana notaries must act within the territorial jurisdiction of their commission. Exceeding that jurisdiction, or acting without required formalities, can render acts defective and expose the notary to discipline and civil liability. Know your commission's scope.

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