NOTARY PUBLIC LAW TITLE 35 CHAPTER 1. GENERAL PROVISIONS 1. Appointment of notaries public The governor may appoint, by and with the advice and consent of the Senate, and upon a certificate of competency by the appropriate district court as provided in R.S. 35:191(C)(2)(d), notaries public in the different parishes. 1.1. Commissions previously issued Notarial commissions issued prior to September 9, 1977, for any parish in this state shall remain in effect, provided that, at the expiration of the bonds given therewith, the bonds are renewed in the amount of five thousand dollars and in the manner provided in this Title. 2. General powers; administration of certain oaths in any parish A.(1) Notaries public have power within their several parishes: (a) To make inventories, appraisements, and partitions; (b) To receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing; (c) To hold family meetings and meetings of creditors; (d) To receive acknowledgements of instruments under private signature; (e) To make affidavits of correction; (f) To affix the seals upon the effects of deceased persons, and to raise the same. (2) All acts executed by a notary public, in conformity with the provisions of Civil Code Art. 1833, shall be authentic acts. (3) Notwithstanding any provision in the law to the contrary, a notary public shall have power, within the parish or parishes in which he is authorized, to exercise all of the functions of a notary public and to receive wills in which he is named as administrator, executor, trustee, attorney for the administrator, attorney for the executor, attorney for the trustee, attorney for a legatee, attorney for an heir, or attorney for the estate. B. However, each notary public of this state shall have authority to administer oaths in any parish of the state, to swear in persons who appear to give testimony at a deposition before a general reporter or free-lance reporter certified under the provisions of R.S. 37:2551 et seq., and to verify interrogatories and other pleadings to be used in the courts of record of this state. Such oaths, and the certificates issued by such notaries shall be received in the courts of this state and shall have legal efficacy for purposes of the laws on perjury. 2.1. Affidavit of corrections A. A clerical error in a notarial act affecting movable or immovable property or any other rights, corporeal or incorporeal, may be corrected by an act of correction executed by the notary or one of the notaries before whom the act was passed, or by the notary who actually prepared the act containing the error. The act of correction shall be executed by the notary before two witnesses and another notary public. B. The act of correction executed in compliance with this Section shall be given retroactive effect to the date of recordation of the original act. However, the act of correction shall not prejudice the rights acquired by any third person before the act of correction is recorded where the third person reasonably relied on the original act. The act of correction shall not alter the true agreement and intent of the parties. C. A certified copy of the act of correction executed in compliance with this Section shall be deemed to be authentic for purposes of executory process. D. This Section shall be in addition to other laws governing executory process. 3. Oaths and acknowledgments Oaths and acknowledgments, in all cases, may be taken or made by or before any notary public duly appointed and qualified in this state. 4. Notaries connected with banks and other corporations; powers It is lawful for any notary public who is a stockholder, director, officer, or employe of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation, or to administer an oath to any other stockholder, director, officer, employe, or agent of such corporation, or to protest for non- acceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such corporation. It is unlawful for any notary public to take the acknowledgment of an instrument by or to a bank or other corporation of which he is a stockholder, director, officer, or employe, where the notary is a party to such instrument, either individually or as a representative of such corporation, or to protest any negotiable instrument owned or held for collection by the corporation, where the notary is individually a party to the instrument. 5. Foreign notaries; oaths, acts, and acknowledgments; effect Oaths, acts, and acknowledgements taken, made, or executed by or before any person purporting to be a notary public, duly appointed and duly qualified in any other state, territory of the United States, or the District of Columbia shall have the same force and effect without further proof of the signatures as if taken, made, or executed by or before a notary public in Louisiana. This Section is remedial and shall be retroactive. All oaths, acts, and acknowledgements heretofore made in compliance with the provisions of this Section are hereby validated. 6. Foreign notaries; acts and other instruments, effect All acts passed before any notary public and two witnesses in the District of Columbia, or any state of the United States other than Louisiana shall be authentic acts and shall have the same force and effect as if passed before a notary public in Louisiana. 7. Acts before military officers; force and effect A. Every mortgage, sale, lease, transfer, assignment, power of attorney, or other instrument, heretofore or hereafter executed before any commissioned officer in the active service of the armed forces or the Coast Guard of the United States, and bearing the signature of such officer and the proper designation of his rank and branch of service or subdivision thereof, shall be admissible in evidence and eligible to record in this state, and shall have the same force and effect of an authentic act executed in Louisiana. B. Any oath, affirmation, deposition, or affidavit, executed before any commissioned officer in the active service of the armed forces or the Coast Guard of the United States as herein provided, shall have the same force and effect as if made or executed before a notary in Louisiana. C.(1) Any testament, trust, or other legal instrument or act provided for in Subsections A and B executed before any judge advocate, as defined in 10 U.S.C. Section 801, or civilian attorney acting within the scope of his duties as an employee of the Department of Defense or the Coast Guard of the United States shall have the same force and effect as if made or executed before a notary in Louisiana. (2) The provisions of this Subsection apply to persons serving in or with the armed forces or the Coast Guard of the United States and other persons eligible for legal assistance under the provisions of 10 U.S.C. Section 1044 or pursuant to regulations of the Department of Defense. D. Except as otherwise provided herein, the provisions of this Section shall not apply to any such instrument executed in any state of the United States or in the District of Columbia by persons not serving in or with the armed forces or the Coast Guard of the United States. 8. Recorder's copies of instruments before military officers; effect Whenever any original instrument executed pursuant to R.S. 35:7, has been deposited in the office of a parish recorder of this state, the recorder is authorized to make copies of the same which shall have the same force and effect of authentic acts executed in this state. 9. Instruments, before ambassadors and consular officials Every mortgage, sale, lease, transfer, assignment, power of attorney, or other instrument, and every oath or affirmation, made or taken in any foreign country, before any ambassador, minister, charge d'affaires, secretary of legation, consul general, consul, vice-consul, or commercial agent, or before one of the following officers commissioned or accredited to act at the place where the act is made or taken, and having an official seal, to wit: any officer of the United States, any notary public, or any commissioner or other agent of this state having power to take acknowledgements, and every acknowledgement, attestation or authentication of such instruments, oaths or affirmations made by any of these officers under their official seals and signatures, shall have the full force and effect of an authentic act executed in this state; and it shall not be necessary that the officer be assisted by two witnesses, as in the case of a notary executing an authentic act in this state, but the attestation, seal and signature of the officer shall of themselves be sufficient; nor shall it be necessary that the person appearing before the officer to execute any of these instruments, or to take any oath or affirmation, be a resident of the place where the officer is located. Whenever any such original instrument, oath, or affirmation has been deposited in the office of a notary in this state, the notary is authorized to make copies of the same, which shall have the same force and effect as copies of authentic acts executed in this state. 10. Place of executing notarial acts All notarial acts shall be made and executed at any place within the jurisdictional limits of the notary. 11. Marital status of parties to be given A. Whenever notaries pass any acts they shall give the marital status of all parties to the act, viz: If either or any party or parties are men, they shall be described as single, married, or widower. If married or widower the christian and family name of wife shall be given. If either or any party or parties are women, they shall be described as single, married or widow. If married or widow, their christian and family name shall be given, adding that she is the wife of or widow of ... the husband's name. B. A declaration as to one's marital status in an acquisition of immovable property by the person acquiring the property creates a presumption that the marital status as declared in the act of acquisition is correct and, except as provided in Subsection C of this Section, any subsequent alienation, encumbrance, or lease of the immovable by onerous title shall not be attacked on the ground that the marital status was not as stated in the declaration. C. Any person may file an action to attack the subsequent alienation, encumbrance, or lease on the ground that the marital status of the party as stated in the initial act of acquisition is false and incorrect; however, such action to attack the alienation, encumbrance, or lease shall not affect any right or rights acquired by a third person acting in good faith. D. The presumption provided in Subsection B of this Section is hereby declared to be remedial and made retroactive to any alienation, encumbrance, or lease made prior to September 1, 1987. Any person who has a right as provided in Subsection C of this Section, which right has not prescribed or otherwise been extinguished or barred upon September 1, 1987 and who is adversely affected by the provisions of Subsection C of this Section shall have six months from September 1, 1987 to initiate an action to attack the transaction or otherwise be forever barred from exercising his right or cause of action. 12. Christian names to be given in full, together with parties' permanent mailing addresses Notaries shall insert in their acts the Christian names of the parties in full and not their initial letters alone, together with the permanent mailing addresses of the parties, and shall print or type the full names of the witnesses and of themselves under their respective signatures. 13. [Repealed by Acts 1976, No. 384, Section 1.] 14. Disbarred or suspended attorney prohibited from exercising notarial functions Any attorney at law, or person who was an attorney at law, who is disbarred or suspended from the practice of law due to charges filed by the Committee on Professional Responsibility of the Louisiana State Bar Association or who has consented to disbarment shall not be qualified or eligible nor shall he exercise any functions as a notary public in any parish of the state of Louisiana as long as he remains disbarred or suspended from the practice of law in Louisiana. Provided, however, that nothing in this Section shall apply to any action taken against an attorney at law for failure to pay annual dues. 17. Acts affecting immovable property; municipal number or address of property; social security number or employer identification number of parties A. Each person passing an act by which immovable property is conveyed, transferred, leased, or encumbered shall recite in the description of the property the municipal number or address thereof, if such number or address is applicable at the time of execution of the act; however, the failure to recite the municipal number or address shall not affect the validity of the act. B. Notaries shall insert in their acts by which immovable property is conveyed, transferred, leased, or encumbered, the social security number or employer identification number of the parties thereto. The social security number or employer identification number shall be included in the body of the act and shall accompany the recitation of the person's full name and permanent mailing address. Failure to recite the social security number or employer identification number as required herein shall not affect the validity of the act. CHAPTER 2. BONDS OF NOTARIES PUBLIC GENERALLY 71. Suspension of notaries; renewal of bonds; penalty A. All notaries may be suspended by any court of competent jurisdiction for failure to pay over money entrusted to them in their professional character, for failure to satisfy any final judgment rendered against them in such capacity, or for other just cause. B. All notaries shall renew their bonds every five years except those notaries who are bonded with a personal surety, as provided in R.S. 35:75. Notaries with a personal surety bond shall renew their bonds upon the death of the personal surety in accordance with the provisions of this Chapter. C. A qualified notary, other than a licensed attorney at law, who fails to renew his notarial bond timely shall be assessed a penalty of fifty dollars by the secretary of state. This penalty shall be in addition to the filing fee required for renewal of the bond. D. Prior to the assessment of the penalty as provided for in Subsection C, the secretary of state shall, by certified mail, notify the notary of the penalty. The notary shall be given sixty days from the date on which said notification is postmarked to avoid the penalty by filing his notarial bond in accordance with law. E. The secretary of state shall be authorized to institute collection of the penalty. F. The secretary of state shall be authorized to promulgate rules and regulations, where necessary, for implementation of this Section, in accordance with the Administrative Procedure Act. 72. Bonds; elimination of requirement Notwithstanding any provision of law to the contrary, after August 1, 1988, no notary, who is a licensed attorney at law, shall be required to post a bond of any kind. 73. Bond not mortgage until suit filed and notice of lis pendens recorded The official notarial bond, given by any notary public shall not, when recorded as provided by law, operate as a mortgage either against the property of the principal or of the surety or sureties thereon, unless and until a suit has been filed against the notary to recover on the bond, and a notice of lis pendens has been placed of record against the notary in connection with the suit in the parish where the bond is recorded, in which case the bond shall then operate as a mortgage against the property of both the principal and surety, or sureties, thereon. 74. Inclusion of bonds in mortgage certificates The clerks of court in preparing mortgage certificates shall not include notarial bonds thereon unless an action has been commenced on the bond and a notice of lis pendens has been filed in connection therewith as provided in R.S. 35:73. 75. Substituted notarial bond with personal surety In all cases where notaries public throughout the state of Louisiana have filed or recorded, or may hereafter file an d record, bonds in the offices of the several clerks of court and ex-officio recorder of conveyances and mortgages, and the register of conveyances and mortgages of the parish of Orleans, with any surety company authorized to do business in the state of Louisiana as surety, as permitted by existing laws, may, in lieu of such bonds of any surety company aforesaid, substitute a bond with personal surety acceptable to the presiding judge of the parish for which the notary is commissioned. The Secretary of State shall accept said substituted notarial bond with personal surety in lieu of notarial bond with surety company as surety. 76. Release of surety company upon acceptance of personal surety bond The Secretary of State for the state of Louisiana, upon filing and recordation of a notarial bond with the Secretary of State, with personal surety in lieu of a surety company, shall upon request execute a release of the surety company effective as of the date of the acceptance of the personal surety bond in lieu thereof. 77. Cancellation of surety company bond Upon presentation of such personal surety bond containing a certificate of its sufficiency by the presiding judge of the parish of the state for which the notary was commissioned, and certificate of approval by the Secretary of State to any clerk of court and ex-officio recorder of conveyances and mortgages, and the register of conveyances and mortgages of the parish of Orleans, the said clerk, register or recorder of mortgages, shall upon application by any interested party cancel and erase in full from the records of his office said notarial bond with surety company as surety now or hereafter recorded in the conveyance or mortgage records of his office. CHAPTER 3. LEAVES OF ABSENCE 131. Grant of leave of absence; designation of substitute notary; suspension of prescription A. The governor may grant leave of absence to notaries public for a period not exceeding thirty-six months, to date from the day of the permission granted by the governor. B. Notaries public permitted to absent themselves shall be required to name and designate another notary public to represent them during their absence. C. Absence from the state suspends the running of prescription against the notary. 132. Notaries in military service, leave of absence A leave of absence may be granted by the governor to any notary public upon his application to the governor in writing certifying that he is a member of the Army, Navy, Marine Corps or any other branch of the military service of the United States, or of the State of Louisiana, and stating the expiration date of his bond; if the notary so desires, he may name and designate another notary to represent him during his absence, but the representation shall cease upon the expiration of the absent notary's bond. 133. Notaries in military service, period of leave The period of the leaves of absence granted in accordance with R.S. 35:132 shall date from the day of the permission granted by the governor and shall terminate sixty days after the date of discharge of the notary from the military service of the United States or the State of Louisiana. 134. Expiration of bond during military service; renewal When the notarial bond of a notary public expires during his term of military service, the notary shall have sixty days from the date of his discharge from military service in which to apply for a new bond. CHAPTER 4. APPOINTMENT, QUALIFICATIONS, AND BONDS OF NOTARIES 191. Appointment; qualifications and bond; examination; examiners A.(1) Any resident citizen or alien of the state, eighteen years of age or older, may be appointed a notary public in and for the parish in which he resides and in and for any one other parish in which he maintains an office, provided that he meets the requirements established by law for each parish in which he applies. (2) Notwithstanding the provisions of Paragraph A(1) or Subsection C of this Section, a person validly appointed notary public in the parish of his residence may exercise any and all of the functions of a notary public in an adjacent parish which has a population of less than thirty-five thousand and in which he maintains an office, without additional bonding or further application or examination, but must file with the district court for the other parish an affidavit giving the location of his office and attesting to his appointment as a notary public in his parish of residence. Additionally, the applicant shall obtain a dual commission by complying with the procedures established by the office of the secretary of state. B. A resident citizen seeking to be appointed notary public in the parish of his residence or possessing a valid notarial commission in and for a parish based on his residence must be a registered voter of that parish. C. Each applicant, otherwise qualified, may be appointed a notary public in and for a parish upon meeting all of the following conditions: (1) Submitting an application to be appointed a notary public to the appropriate district court together with a certificate establishing his age, residence, location of his office when the applicant seeks to be appointed a notary based on such office, location of the office which was the basis for a current appointment as a notary in any other parish, if any, and a statement as to the applicant's good moral character, integrity, competency, and sober habits, sworn to and subscribed by two reputable citizens of the parish. (2)(a) Taking and passing a written examination administered by an examining committee composed of three notaries appointed by the district court having jurisdiction in the parish, or in Orleans Parish the custodian of notarial records, and one attorney, and one notary public who is not an attorney. Two of the notaries shall be attorneys and one a notary public who is not an attorney. However, if no person within the parish who is a non-attorney notary will accept such appointment, the district court having jurisdiction in the parish shall appoint an additional attorney to serve on the examining committee. (b) The examining committee members shall be appointed to serve a term of two years beginning October 1, 1977, and every two years thereafter. Examinations shall be given on the second Monday in July and the second Monday in December of each calendar year beginning in December, 1977, and may be given at such other times as the examining committee shall determine. Application to take such examination must be filed with the district court no later than thirty days prior to the date as fixed herein for such examination. Results of the examination shall be announced to each applicant within forty-five days following the examination. If the examining committee fails to schedule and give the examinations as herein directed, then the said committee shall automatically be discharged and a new committee shall be appointed to fulfill the unexpired terms in accordance with the above provisions. (c) In Orleans Parish, the examination shall be administered at the office of the custodian of notarial records. (d) If found competent and possessed of the necessary qualifications, the court shall issue to the applicant an appropriate certificate, signed by a judge of the court. (e) The examination provided for in this Paragraph may be dispensed with by the court if the applicant has been duly admitted to practice law in this state or holds a valid notarial commission in this state. (3) Giving bond, with good and solvent security, in the sum of five thousand dollars conditioned for the faithful performance of all duties required by law toward all persons who may employ him in his profession of notary. D. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for the parish of Orleans, the parish of St. Bernard, the parish of Plaquemines, or the parish of Jefferson is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Orleans, Plaquemines, St. Bernard, and Jefferson. E. Notwithstanding any other provision of law to the contrary, any person who has been a validly appointed notary public in or for any parish for a period of five years and who changes his residence to another parish, and in the parish of his new residence complies with the laws governing notaries public in said parish, except taking and passing an examination, shall be issued a notarial commission for the parish of his new residence by the governor without advice and consent of the Senate and may exercise the functions of notary public in that parish. F. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Tangipahoa, Livingston or St. Helena is hereby authorized and deemed eligible and qualified to exercise any and all of the functions a notary public in the parishes of Tangipahoa, Livingston and St. Helena. G. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Bienville, Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Union, or West Carroll is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Bienville, Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Union, or West Carroll. H. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for either of the parishes of Caddo or Bossier is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Caddo and Bossier. I. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for either of the parishes of Catahoula or Concordia is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Catahoula and Concordia. J. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for either of the parishes of Iberia or St. Mary is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Iberia and St. Mary. K. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Allen, Beauregard, Calcasieu, Cameron, Vernon, or Jefferson Davis is hereby authorized and deemed eligible and qualified to exercise any and all functions of a notary public in the parishes of Allen, Beauregard, Calcasieu, Cameron, Vernon, and Jefferson Davis. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. L. Any notary public in and for the parish of Acadia, Lafayette, or Vermilion is hereby authorized and qualified to exercise all of the functions of a notary public in and for any of said parishes. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. M. Any notary public appointed in and for the parish of Iberia or Vermilion is hereby authorized and qualified to exercise any and all functions of a notary public in both parishes. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. N. Any notary public appointed in and for the parish of Ascension, East Baton Rouge, East Feliciana, Livingston, Pointe Coupee, West Baton Rouge, or West Feliciana is hereby authorized and qualified to exercise all of the functions of a notary public in and for any of said parishes. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. O. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for any of the parishes of Acadia, Evangeline, or St. Landry is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Acadia, Evangeline, and St. Landry. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. P. Notwithstanding any other provision of law to the contrary, each person who is licensed to practice law in this state who is a notary public in and for any parish in this state may exercise the functions of a notary public in every parish in this state. The expanded jurisdictional limits authorized by this Subsection are additional to other provisions of law. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. Q. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for either of the parishes of Lafayette or St. Landry is hereby authorized and qualified to exercise all of the functions of a notary public in and for both parishes. No additional bonding or fuon shall be required due to the expanded jurisdictional limits authorized by this Subsection. R. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for any of the parishes of Iberia, St. Marorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Iberia, St. Martin, and St. Mary. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. S. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for either of the parishes of Sabine or Vernon is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Sabine and Vernon. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. T. Notwithstanding any other provision of law to the contrary, any person who is a validly appointed notary public in and for any of the parishes of Avoyelles, Grant, or Rapides is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of a notary public in the parishes of Avoyelles, Grant, and Rapides. No additional bonding or further application or examination shall be required due to the expanded jurisdictional limits authorized by this Subsection. U. Notwithstanding any other provision of law to the contrary, any person who is validly appointed notary public in and for the parish of St. Mary, the parish of Assumption, the parish of Lafourche, or the parish of Terrebonne is hereby authorized and deemed eligible and qualified to exercise any and all of the functions of notary in the parishes of St. Mary, Assumption, Lafourche, and Terrebonne. 192. Execution and recordation of bond; filing of certificate of competency A. The bond required of notaries by R.S. 35:191 shall be submitted to the clerk of court and exofficio recorder of mortgages for the parish where the notary will exercise the functions of his office, and, together with the certificate of competency above provided for, shall be filed in the office of the secretary of state. The bond shall be subscribed in favor of the governor; approved by the clerk, except in Orleans Parish; and if secured by personal surety, recorded in the mortgage office of the said parish in a special book kept for that purpose. In Orleans Parish, the bond shall be approved by the custodian of notarial records. B. The provisions of Subsection A of this Section shall not affect the validity of bonds given or recorded in the mortgage or conveyance office of any parish prior to September 9, 1977. 193. Original surety company bond; necessity for recordation In all cases where notaries public furnish bond for the faithful performance of their duties, signed by a surety company, authorized to do business in this state, it shall not be necessary to record the bond in the office of the recorder of mortgages of the parish where the notary performs his duties, and in all cases, when existing bonds or future bonds of this character are filed and recorded in the mortgage office, they shall not operate as mortgages upon the property of the principal. 194. Substitution of personal surety bond or special mortgage In all cases where notaries public throughout the state have filed or recorded bonds in the offices of the several clerks of court and ex officio recorders of mortgages, with personal or individual surety, or who have executed and recorded a special mortgage on immovable property, as permitted by existing law, may, in lieu of such bonds, and in lieu of such special mortgages, substitute a bond in the same sum with any surety company authorized to do business in the state as surety. 195. Cancellation of personal surety bond or special mortgage Upon presentation of the surety bond provided for in R.S. 35:194 to any clerk of court and ex-officio recorder of mortgages, the clerk shall file the bond, and upon application by any interested party, shall cancel and erase in full from the records of his office any bond with personal surety recorded in the mortgage records of his office, and likewise any special mortgage executed and recorded by any notary public, conditioned for the faithful performance of his duties as notary. 196. Substituted surety company bond; necessity for recordation The surety bond provided for in R.S. 35:194 shall not be recorded in the mortgage records of the clerks of court and ex-officio recorders of mortgages and shall not in any event be an encumbrance against the property of any notary making and executing such bond. 197. [Repealed by Acts 1977, No. 451, Section 3.] 198. Liability of notary and surety; effect of surety company bond; cancellation of bond for nonpayment A. Nothing contained in R.S. 35:193 shall in any way affect the liability of a notary for the failure to perform his duties, nor the liability of his surety for any neglect thereof, or in any way alter the requirements of the recording of bonds not signed by a surety company, or their legal effect when so recorded. B. When the notary in Orleans Parish has given bond with a surety company, the surety has the right to cancel the bond for nonpayment of the premium by giving notice through registered mail to the custodian of notarial records for the parish of Orleans. This notice must be given thirty days prior to any anniversary date of the bond, after which anniversary date the liability of the surety company on the bond shall cease. 199. Acts affecting property in Orleans Parish; filing acts; penalty for violation Notaries outside the Parish of Orleans who pass acts of sale and acts of mortgage affecting property located in the Parish of Orleans shall, within fifteen days after the passage of such acts, deposit them in the office of the Custodian of Notarial Records of the Parish of Orleans, who shall receive and file them. The custodian may charge a filing fee of not more than twenty five cents for each act filed. Any notary who violates the provisions of this Section is guilty of a misdemeanor and shall be fined not more than twenty five dollars, at the discretion of the court. 200. Limitation on actions Actions against sureties on said bonds shall prescribe in ten years from date of act of commission or omission. 201. Granting of commission; prerequisites A. Before the governor shall issue to the applicant a commission of notary public for any parish, he shall require of him the production of: (1) The certificate provided by R.S. 35:191(C)(2)(d); (2) His oath of office; (3) His bond, properly executed, approved and registered as provided in R.S. 35:192; and (4) His official signature. B. Upon the issuing of the commission, all of the above shall be deposited in the office of the secretary of state and annexed in the margin of a book to be kept for that purpose by the secretary of state; provided however, for the parish of Orleans, the secretary of state shall keep a book to be styled "The Notarial Book of Orleans Parish."