2009 Regular Session Senate Bill 151 (Act 80)
- All providers of examination preparation for the State Notary exam are required to register with the Secretary of State.
- All registered providers will be listed on our Provider Registry. (effective date January 1, 2010)
Following are highlights of several bills affecting the office of notary public enacted during the 2006 Regular Legislative Session. To read the entire text, click on the links below.
House Bill 1219 (Act 423)
- Eliminates the parish notary examining committees and assigns the duties of administering the state notary exam to the Secretary of State. The law did not change regarding the role of the courts and their involvement in the examination development process. The law continues its requirement that the courts will provide advice and assistance in the development of exam content and standards.
- The management of the application process has been assigned to a newly established court-appointed Parish Application Committee consisting of two persons. No specific qualifications are prescribed in the new law for these appointees. The requirement that all persons seeking a notary commission must submit an application to the district court in the parish where the commission is sought remains unchanged.
- Establishes a statutory maximum for the application and court filing fees charged to an applicant who seeks to qualify for appointment as a notary. No more than $35 can be charged by the parish court for the application, including any filing or recording fees.
- The examination fee has been increased to $75.
- Exempts the notary who has passed the state notary exam will from the notary examination when qualifying for a commission in a new parish because of a change in residence. The notary will still be required to make application and otherwise qualify for the appointment in the new parish.
- Grants notaries commissioned in specific parishes who were displaced by Katrina or Rita a limited-time opportunity to re-commission in any parish where they may permanently relocate without taking the state notary exam. The notary must apply and meet all requirements in and for the new parish for commissioning except taking the examination. This authorization expires January 1, 2007. To take advantage of this provision, you must submit the documents required under R.S. 35:201 to our office by the deadline. Affected parishes include: Allen, Beauregard, Calcasieu, Cameron, Jefferson, Jefferson Davis, Plaquemines, Orleans, St. Bernard, St. Tammany, Vermilion, and Washington.
- The state notary exam will be administered only twice per year at regional testing centers. Dates are the first Saturday in June and December.
- Leaves of absence will now be handled administratively on behalf of the governor by the secretary of state. If you’re going to be out of the state for an extended period, a leave of absence will enable you to maintain a valid commission. Requirements that a notary on leave must appoint a substitute have been repealed.
House Bill 1213 (Act 793)
- Provides for statewide jurisdiction for notaries who have taken and passed the state notary exam.
- Provides for any regularly commissioned notary public who was commissioned before the state exam was instituted to qualify for statewide jurisdiction by taking and passing the state exam. To apply, the notary
- Must register directly with the Secretary of State no later than 45 days before a scheduled examination; and
- Pay the examination fee of $75.
Failure to pass the examination shall have no effect on the status of the commission of the notary.
House Bill 1223 (Act 796)
- Distinguishes a “suspended” commission from an “invalid” commission. Adding a new paragraph (3) under R.S.35:191(A), and amending R.S. 35:71, the law establishes a uniform definition for commission validity thereby eliminating questions at the parish level of whether a notary applicant may be required to take an examination in connection with their application for a commission based on moving from another parish, or for a dual commission. Under these provisions, a commission may not be deemed invalid solely for the reason that it was or is suspended.
House Bill 1222 (Act 730)
- Consolidates the laws requiring notaries to record their acts affecting immovable property. Makes uniform the penalty for failure to comply—setting the fine at $200 per occurrence (1/2 payable to the informant) plus any damages the parties may suffer. R.S. 35:199.
- Authorizes the parties to an act affecting immovable property to relieve the notary of the recordation obligations under this section by written directive signed by all the parties. Does not relieve the duty of the notary to provide a copy of a conveyance of property located in Orleans parish to the parish board of assessors.
New Examination Schedule
Pursuant to Act 423 of the 2006 Regular Louisiana Legislative Session the Notary Examination will be administered by the Secretary of State on the first Saturday in June and December.
The Secretary of State must receive the applicant's Notary Examination Application which has been approved by the Parish Application Committee along with the examination fee of $75.00 on or before forty five (45) days prior to the date of the examination. Schedule.
This act deleted the revocation process for failure to file annual reports. The commission of any notary who fails to file his fully completed annual report within 60 days after its due date shall be automatically suspended, and the notary shall have no authority to exercise any of the duties or functions of a notary public until a current required annual report has been filed and the notary has paid all accrued fees and late charges for a period not to exceed three years.
Non-attorney notaries who have reached the age of 70 are now permitted to retire their commission and no longer exercise the duties and functions of a notary. See Quick Facts Retirement Status and then How to File Retirement Status.
Senate Bill 143 (Act 62)
ID Cards Required
Clarifies language requiring all notarial acts to include the ID number of the notary. Any document notarized in this state on or after January 1, 2005 submitted for filing or recording in the office of any clerk of court may be refused if the document fails to contain the notary ID number or attorney bar roll number and the typed or printed name of the notary and the witnesses. (Civil and criminal suit records of any court are excluded) No state office, agency, department or political subdivision shall accept, file or record any document notarized in this state on or after January 1, 2005 unless the document contains the notary ID number or attorney bar roll number and the typed or printed name of the notary and of the witnesses.
Limits deputy clerks to only employees of the clerk and allows deputy clerks to notarize documents within the course and scope of their employment.
House Bill 1447 (Act 562)
Errors and Omissions Policy
Corrects language to allow all non-attorney notaries to purchase and file $10,000 Errors and Omissions Policy in lieu of notary bond.
Increased notary bond to $10,000 for all non-attorney notaries upon renewal of current bond.
Filing of Notary Bond
All non-attorney notaries shall file their new or renewed bond or current Errors and Omissions Policy with the secretary of state.
Suspension for Expired Bonds or EO Policy
The commission of any non-attorney notary who fails to renew his bond or fails to timely file his renewed bond or evidence of current Errors and Omissions Policy shall be automatically suspended and the notary shall have no authority to exercise any of the duties or functions of a notary public until the required bond or EO policy is in effect and properly filed with the secretary of state.
'Full names' replaces 'Christian names' (as in R.S.35:12) and described as including at least one given name and other initial in addition to the surname. The notary shall type print or stamp his or her name as it appears on his or her commission.
House Bill 363 (Act 754)
Schedule of Notary Exam
The first statewide standardized notary examination shall be given the first Saturday in June and December.
Following are highlights included in House Bill 1854 and House Bill 737 of the 2003 Regular Session of the Louisiana Legislature. To read the entire text, go to www.legis.state.la.us and select from the "Bill Search Menu" to view HB 1854 or HB 737.
Senate Bill 635 (Act 77)
Tort or breach of contract suits against notaries can only be filed within one year from date of discovery of the act or three years from the date of the act, regardless of the date of discovery. These provisions do not apply in the case of fraud or in the case where the notary is an attorney.
Senate Bill 226 (Act 455)
The notary shall place his typed, printed or stamped name and ID number under his signature on all documents notarized.
Annual Reports (11-4-03)
Annual reports are being mailed to notaries sixty (60) days prior to the anniversary date of their commission. According to Act 1142 of the 2003 Legislative Session (see www.legis.state.la.us) the annual report shall be completed in full, signed by the notary and returned with payment of the $10.00 filing fee. The completed annual report and fee must be returned by the anniversary date of their commission to avoid a late fee or suspension.
The annual reports are being mailed to the address located on the notary database. Notaries can keep the Secretary of State's office advised of any change in address and phone number by e-mail at firstname.lastname@example.org or by fax at (225) 922-2650 .
Notary Cards with Notary ID Numbers Being Offered for $3.00 (10-21-03)
Notary Cards now contain the recently assigned Notary ID numbers. To get a replacement card containing your ID number, please send a request, along with a check or money order made payable to Secretary of State in the amount of $3.00, to: Secretary of State, Notary Division, P. O. Box 94125, Baton Rouge, LA 70804-9125
Notary Identification Numbers (9-1-03)
Notary Identification Numbers have been assigned and are now in the Notary Database.
2003 Legislative Highlights - House Bill 1854 and House Bill 737 (8-1-03)
Following are highlights included in House Bill 737 of the 2003 Regular Session of the Louisiana Legislature. To read the entire text, go to www.legis.state.la.us and select from the "Bill Search Menu".
Notary Identification Numbers and Annual Reports
The Louisiana Legislature of 2003 passed a Notary Reform Bill (Act 1142), which will make some changes in notarial reporting. Beginning in 2004, notaries will be required to file an Annual Report with the Secretary of State. This will allow the Secretary of State's Notary Department to compile an accurate data base of active notaries and keep it up to date. To achieve this mandate of the Legislature, the Secretary of State has will notary identification numbers when the office mails non-attorney notaries their first annual report to complete and return with the $10.00 filing fee. Attorney-notaries may use their bar roll numbers in place of an identification number.
Failure to file an annual report or pay the fee will cause the notary to be subject to a revocation proceeding.
Uniform Statewide Standards for Notary Examinations
The Department of State has also been charged with the responsibility of developing uniform statewide standards for, and preparation of notarial examinations. We will work with the parish examining committee members, subject matter experts, and educators to develop a large bank of questions and a uniform statewide format for examinations. The examinations, which will be created by a random selection of the questions to meet the format adopted, will be furnished to the parish committees for administration to local applicants.
Ex officio Notarial Powers
In regard to ex-officio notaries and other persons other than regularly commissioned notaries who have notarial powers, on July 1 of each year, all offices, agencies, departments and political subdivisions of the state must file an annual report showing all the persons currently appointed with such powers. Their notarial powers are restricted to be within the scope of the internal business of their agency.
The Louisiana Legislature of 2003 passed Act 926 that changes the bond amount required from $5,000 to $10,000. The law provides that notaries who maintain Errors and Omissions insurance of at least that amount are not required to post a bond. Complete bond renewal instructions can be found on the Notary Filing Requirements chart.
House Bill 370 (Act 206)
2004 Regular Legislative Session Highlights - Several House and Senate Bills Passed Relative to Notaries (9-20-04)
Following are highlights of several House and Senate bills enacted during the 2004 Regular Session of the Louisiana Legislature. To read the entire text, go to www.legis.state.la.us and select from the "Bill Search Menus".