CAT Publications, "The Practicing Notary", Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public

NOTARY PUBLIC LAW

TITLE 35

CHAPTER 5. NOTARIES IN ORLEANS PARISH

PART I. APPOINTMENT, BOND, AND OFFICE [REPEALED]

251. through 257.
[Repealed by Acts 1977, No. 451, Section 3.]

PART II. POWERS AND DUTIES

281. Act evidencing transfer of real property; filing with board of assessors
Whenever an act of sale or any other act evidencing a transfer of real property situated in the Parish of Orleans is passed before a notary public, it shall be the duty of the notary to file a copy of any such act with the board of assessors for the Parish of Orleans within fifteen days from the date of sale or transfer.

282. Duplicate copy of sketch, blueprint, or survey
Whenever there is annexed to any act of sale or other act of transfer of real estate any sketch, blue print, or survey which forms part of the act of sale or transfer, the notary public shall have attached to the copy of such act, a duplicate copy of the sketch, blue print, or survey.

283. Obligations under existing laws not affected
Nothing contained in R.S. 35:281 and R.S. 35:282 shall be construed as relieving notaries public from the obligations imposed upon them to file copies of their acts with other officials or in other offices.

284. Violations
Whoever violates the provisions of R.S. 35:281 or R.S. 35:282 shall be fined not more than fifty dollars or imprisoned in the parish jail for not more than sixty days, or both.

285. Deposit of original acts when property affected situated outside New Orleans
Notaries public within the Parish of Orleans shall deposit in the office of the clerk and recorder of the parish in which the property is situated, whenever the property affected is situated in this state outside of the Parish of Orleans, within fifteen days after the same shall have been passed, the original of all acts of sale, exchange, donation and mortgage of immovable property, passed before them, together with all resolutions, powers of attorney and other documents annexed to or made part of the acts, and in the order of their respective dates, first making a careful record of the acts in record books to be kept for that purpose.

286. Violations
Notaries who contravene the provisions of R.S. 35:285 are liable to a fine of one hundred dollars for each infraction to be recovered before any court of competent jurisdiction, one-half for the benefit of the informer, as well as for all such damages as the parties may suffer thereby.

287. Deputies
Every notary public in the Parish of Orleans may appoint one or more deputies to assist him in the making of protests and delivery of notices of protests of bills of exchange and promissory notes. Each notary shall be personally responsible for the acts of each deputy employed by him. Each deputy shall take an oath faithfully to perform his duties as such. The certificate of notice of protest shall state by whom made or served.

PART III. OFFICE AND CUSTODIAN OF NOTARIAL RECORDS

321. Terms defined
As used in this Part, the terms defined in this Section shall have the meanings here given to them, except where the context clearly indicates otherwise.
1. "Notary" or "Notary Public" shall mean a "Notary Public in and for the Parish of Orleans;"
2. "Custodian" means "Custodian of Notarial Records in and for the Parish of Orleans."

322. Appointment and qualifications; vacancies
The governor by and with the advice and consent of the senate, shall appoint a custodian of notarial records, whose term of office shall be for four years, and run concurrent with the governor. In the event of a vacancy in said office, the governor by and with the advice and consent of the senate shall appoint a custodian for the unexpired term.
The custodian shall be a duly licensed and practicing attorney at law and notary public in the parish of Orleans, and shall be a member in good standing of the Louisiana State Bar Association.

323. Central office; preservation of notarial records; permanent volumes
A. The custodian shall maintain a central office in the city of New Orleans in the Civil District Court Building in quarters presently provided by the city of New Orleans or other quarters in said courthouse to be provided in the city of New Orleans. The custodian shall demand, take possession of, collect, keep and preserve in this office the notarial records of notaries in the parish of Orleans who have ceased to be such, either by death, removal or otherwise, and shall hereafter classify these records according to their date, serial number, and in such a manner as will most facilitate access to them.
B. (1) Every authentic act except chattel mortgages and acts relating to real property outside of Orleans Parish, passed before a notary public in Orleans Parish, and also every act, contract and instrument except money judgments and chattel mortgages filed for record in the office of either the recorder of mortgages or the register of conveyances for the parish of Orleans shall, as a condition precedent to such filing in the office of the recorder of mortgages or the register of conveyances for the parish of Orleans be first filed in the office of the custodian of notarial records for the parish of Orleans. The custodian shall endorse on each act, contract or instrument filed in his office, the date of such filing, a serial number, and shall attach to such act, contract or instrument a certificate of its filing, date and serial number. Such act, contract or instrument so endorsed, shall thereafter be filed for record, if otherwise required by law, with the recorder of mortgages or the register of conveyances for the parish of Orleans, or both, and shall be registered and/or recorded with the serial number furnished by the custodian, provided, however, that nothing herein be deemed to impose upon the custodian any obligation to file any act, contract or instrument with either the recorder of mortgages or the register of conveyances. The recorder of mortgages and register of conveyances for the parish of Orleans shall thereafter return said act, contract or instrument to the custodian, showing the date of filing and time, by the recorder of mortgages and the book and folio number, and the custodian shall thereupon have permanent custody of the said act, contract or instrument, which shall then be filed in his office according to the serial number endorsed thereon by the custodian. The recorder of mortgages and register of conveyances for the parish of Orleans shall endorse upon the certificate issued by the custodian for each act, contract or instrument the date and time, by the recorder of mortgages, book and folio number of its recordation or registry, and shall furnish such certificate to the notary public or other person who caused the same to be filed with the custodian.
(2) It shall be the duty of all notaries public filing acts for registration and/or recordation pursuant hereto to deposit with the custodian all certificates, tax researches, surveys and documents pertaining to any act passed before them and this deposit must be made within sixty days of the date of registration and/or recordation. It shall be the duty of the custodian to file in permanent form, according to serial number, all acts, contracts and instruments filed with him and all certificates, tax researches and documents furnished him pertaining to all such acts.
C. (1) The custodian of notarial records shall charge the sum of five dollars for each act, contract, or other instrument thus filed and deposited in his office, with all such sums to be used only for the expenses and maintenance of said office.
(2) Notwithstanding the provisions of this subsection, all veterans of the armed forces of the United States of America shall be exempt from paying any fee for the filing and depositing of their discharge certificates or other evidence of honorable separation from the armed forces with the custodian of notarial records.
(3) Notwithstanding the provisions of this Subsection, the city of New Orleans shall be exempt from payment of any filing fees.
D. Every notary public for the parish of Orleans shall deliver for deposit to the office of the custodian, for permanent preservation, all acts executed before such notaries public prior to January 1, 1966, and the deposit of such acts shall not be optional, but shall be mandatory on the part of each notary public for the parish of Orleans. No charge shall be made by the custodian for the deposit of bound volumes of such acts. For the deposit of unbound acts, the custodian shall charge in accordance with the provisions of Subsection C of this section. The deposit of such acts shall be made not later than December 31, 1972. Whenever any notary public for the parish of Orleans shall fail to comply with the provisions aforestated then the custodian shall institute proceedings in accordance with the provisions of Subsection F of this section.
E. Every living, qualified notary public is authorized to certify true copies of any authentic act or any instrument under private signature hereafter or heretofore passed before him or acknowledged before him, and to make and certify copies, by any method, of any certificate, research, resolution, survey or other document annexed to the original of any authentic acts passed before him, and may certify such copies as true copies of the original document attached to the original passed before him.
F. Whenever any notary public for the parish of Orleans shall fail to comply with the provisions of this section then it shall be the duty of the custodian of notarial records to institute proceedings by rule in the Civil District Court for the parish of Orleans to require said notary public to show cause why his notarial commission should not be forfeited and why he should not be ordered to turn over all his notarial archives and records to the custodian of notarial records and pay all costs of said proceedings.
G. The indexing, binding and depositing of acts, contracts and instruments of writing executed before notaries public for the parish of Orleans, referred to in this section shall constitute an exception to the requirements of R.S. 35:329, and nothing contained in this section or in R.S. 35:329 shall be construed as requiring any notary public for the parish of Orleans to have an act executed before him in multiple originals.

323.1. Microfilm records; use; separate location
A. Permission is hereby granted to the custodian to install and use microfilm machinery and apparatus in the recordation, filing, preservation and reproduction of all records and documents filed or deposited with the custodian prior to July 29, 1970, and subsequent thereto.
B. Such microfilm records and documents may be used only in emergency situations arising from fire, storm, theft, loss or any other emergency circumstances which may render the original record or document useless. Such microfilm records and documents shall be kept at a separate location from the original records and documents filed with the custodian.
C. Such microfilm copy shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall for all purposes be deemed to be a transcript, exemplification or certified copy of the original.
D. Nothing contained herein shall in any manner be construed to permit the destruction of any notarial records presently in the possession of, or which may hereafter come into the possession of, the custodian of notarial records.

324. Bond of custodian
The custodian shall give bond, in addition to his notarial bond, in the amount of ten thousand dollars in favor of the governor, with one or more good and solvent sureties approved by the presiding judge of the Civil District Court of the Parish of Orleans, conditioned upon the faithful performance of his duties as custodian. This bond shall be filed in the office of the Secretary of State.

325. List of notaries
The custodian shall keep an accurate alphabetical list of all notaries public in and for the Parish of Orleans, showing their business and residence addresses and the expiration date of their bonds; he shall keep this list at all times open to public inspection during his office hours, and furnish the Secretary of State and the district attorney in and for the Parish of Orleans, annually on or before October 1st, a certified list of all notaries in and for the Parish of Orleans, showing the number of notaries and the number and names of those who have ceased to be notaries, and the number and names of those whose bonds have expired.
He shall diligently, by every means in his power, keep the list accurate and up to date at all times, and shall immediately notify the governor and the Secretary of State of each vacancy caused by death, resignation, removal from Orleans Parish, or any other cause, as soon as such facts are ascertained by him.

326. Statement furnished custodian by notaries
Each notary shall, annually, before September 1st, furnish to the custodian a statement showing his office and residence address, the date of his bond and the surety or sureties thereon, and their addresses. Failure to furnish this statement shall be cause for the revocation of the commission of the notary.

327. Fee payable to custodian by notaries
Each notary shall pay an annual fee of fifteen dollars, on or before September first of each year, to the custodian, the said fees to be used by the custodian for expenses of his office.

328. Testing sureties on bonds; new bond; forfeiture of commission for failure to give
The custodian shall institute proceedings by rule in the Civil District Court of the Parish of Orleans at least once every twelve months, and oftener if he deem it proper and necessary, without the payment of costs by the custodian, on all notaries in the parish to test the surety on their official bonds, and should the sureties on the official bonds so tested, be judicially declared not good and solvent as required by law, the notary whose surety has been so declared shall pay the costs of the rule, and shall be allowed thirty days within which to give a new bond, and on his failure to do so within that time, shall forfeit his commission and turn over his notarial archives and records to the custodian, upon the payment of all costs which have been assessed against him in any proceeding filed by the custodian under the provisions of this Part. Whenever the notary's commission is revoked for failure to comply with the requirements of this Part, no judgment of any court reinstating the notary rendered after the expiration of thirty days as hereinabove provided for, shall be valid.
Provided, that he shall not be entitled to act as a notary during the period of thirty days; and
Provided, further, that should anyone ceasing by removal or otherwise to be a notary subsequently again be appointed to that office he shall be entitled to recover and obtain his notarial records and archives from the custodian.

329. Preservation by notaries of acts, contracts and instruments; binding and indexing; duties of custodian
Every notary shall keep and preserve in his office and under his custody, the original of all acts, contracts and instruments of writing executed before him, with the exception only of affidavits and instruments under private signature, which may be acknowledged or proved before him, depositions of witnesses, and all acts of or in connection with the voluntary surrender of children under R.S. 9:401 through 9:405 and all acts amendatory thereto, and he shall cause these acts, contracts and instruments of writing, subject to the exceptions set forth above, to be bound in separate, permanent book form volumes for each year, with complete indices attached to each volume.
If the number of acts passed by a notary do not exceed fifty in any one year, he may wait until the end of the subsequent year to have them bound, but regardless of number, at the end of the subsequent year his acts for each of those years shall be bound as aforesaid. These acts together with protests made by him, will constitute the archives of his office. The custodian shall, at the time of trial of the rule provided in R.S. 35:328, require evidence from each notary that he has caused his acts to be bound and indexed in the manner aforesaid, and in case it should then appear that any notary public has neglected to comply with R.S. 35:321 through 35:335, the court shall allow the notary thirty days within which to index and bind his acts; and on his failure so to do within that time he shall forfeit his commission and turn over his notarial acts and records to the custodian in the same manner as provided in R.S. 35:328 for failure to furnish a proper bond.

330. Proceedings by custodian against absent notaries
Should the proper official be unable to find any notary upon whom he desires to make service of process in any cause brought by the custodian under the authority of this Part, the custodian shall advertise such cause at least three times at intervals of not less than seven or more than ten days, in the official journal of the Parish of Orleans, and if no appearance has been made by the defendant notary in said cause, the custodian shall proceed against him as against an absent defendant, as provided by law.

331. Revocation of notary's commission for failure to furnish bond
Failure of any notary to furnish proper surety bond shall be just cause for revocation of his notarial commission by a court of proper jurisdiction.

332. Notice by custodian of expiration date of bond
It is the duty of the custodian to notify each notary of the expiration date of his bond, within sixty and not less than thirty days of the date of expiration; but the failure of the custodian to give such notice shall not prevent the custodian from proceeding to cancel the notary's commission as provided herein, nor shall it relieve the notary of any duties prescribed by law.

333. Rule to revoke notary's commission
Should any notary fail or refuse to pay the annual fee fixed by R.S. 35:327, or fail or refuse to furnish the information required, or fail to provide the proper bond as required by law, the custodian shall promptly file a rule in the civil district court in and for the Parish of Orleans, or any other court of proper jurisdiction, to have the notary's commission revoked, and the notary shall pay all costs of the proceeding.

334. Misdemeanor to act after expiration of bond or after surety cancelled
It is a misdemeanor, punishable as provided in R.S. 35:335, for any notary knowingly to act as such after the expiration of his bond, or after the surety on his bond has been cancelled as provided by law.

335. Willful violations
The custodian or notary willfully violating the provisions of this Part shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not less than ten days nor more than six months.

336. Deputies of custodian; appointment of archivist
A. The custodian may appoint two deputies, who shall be sworn according to law, and such deputies, when appointed and sworn, shall have power to certify copies of acts and records of all kinds in the office. The deputies appointed by the custodian shall devote full time to the duties of that office and not receive a salary that exceeds thirty-five thousand dollars per annum.
B. (1) The custodian shall employ on a part-time basis a professional archivist to assist the custodian with the responsibilities of the office and to insure the adequate preservation of records and documents, whose salary shall not exceed twenty thousand dollars per annum.
(2) The archivist shall possess a baccalaureate degree in either history, political science, philosophy, anthropology, historical geography, archeology, French, Spanish or fine arts, and have either:
(a) At least two years of professional level experience in historical research or college level teaching in the above academic fields; or
(b) At least two years of experience in archival operations, records management, records preservation or other work involving locating, selecting, acquiring, and preserving documents or other valuable papers and materials.

337. Fees, salary, and excess funds of custodian
A. The custodian may charge and receive the same fees of office as are allowed by law to other notaries for the making and certifying of copies. The compensation of the custodian shall not exceed thirty-five thousand dollars per annum and any remainder of fees shall be used solely to operate and maintain the functions of the office of notarial records.
B. Any unexpended or unencumbered funds remaining at the end of the fiscal year to the credit of the account of monies, fees, or sums collected by the custodian of notarial records shall be transferred by the custodian to the general fund of the city of New Orleans.

337.1. City of New Orleans; exemption from fees
The city of New Orleans shall not be required to pay any of the fees charged for the services of the custodian of notarial records.

338. Annual budget; submission to enumerated entities
The custodian of notarial records shall prepare a detailed annual budget at the end of its fiscal year and submit a copy of that budget to the legislative auditor pursuant to R.S. 24:513 et seq., and the Joint Legislative Committee on the Budget and publish a copy, at its own expense, in the official journal of the parish of Orleans, at his own expense commencing January 1, 1989.

CHAPTER 6. EX OFFICIO NOTARIES

391. Ex officio notaries; qualifications
Any person may be appointed an ex officio notary as authorized in this Chapter, provided he:
(1) Is a resident citizen or alien of the state.
(2) Is eighteen years of age or older.
(3) Is able to read, write, and speak the English language and be possessed of sufficient knowledge of the English language.
(4) Is not under interdiction or incapable of serving as an ex officio notary because of a mental infirmity.
(5) Is not under indictment for a felony and has not been convicted of a felony for which he has not been pardoned.
(6) Has given 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 ex officio notary.
(7) In the case of a state employee who serves as an ex officio notary in the course and scope of his employment, records his oath of office with the secretary of state.

392. Ex officio notaries; bond; oath
A. The bond required of all ex officio notaries, except those state employees who serve as ex officio notaries in the course and scope of their employment, shall be submitted to the clerk of court and ex officio recorder of mortgages for the parish where the ex officio notary will exercise the functions of his office, as well as 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 parish in a special book kept for bonds required of all notaries. In Orleans Parish, the bond shall be approved by the custodian of notarial records. The bond for state employees who serve as ex officio notaries shall be maintained in the division of administration, office of risk management.
B. The provisions governing the recordation of bonds issued by surety companies doing business in the state, the substitution and cancellation of personal surety bonds or special mortgages, the filing of substituted surety company bonds, the liability of notaries and sureties, and the limitation of actions against sureties, R.S. 35:193 through 200, shall apply to bonds issued for the faithful performance of the duties of ex officio notaries.
C. No ex officio notary who holds such office by virtue of duties affiliated with employment with a political subdivision of the state shall be required to file his or her oath of office as notary with any parish clerk of court.

393. Ex officio notaries public for the Department of Public Safety and Corrections; powers
A. Notwithstanding any provisions in the law relative to qualifications for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the secretary of the Department of Public Safety and Corrections, the supervisors of each troop headquarters, any investigator of the internal affairs unit of the office of state police in the Department of Public Safety and Corrections and the executive assistant to the general counsel of the Department of Public Safety and Corrections as ex officio notaries public who shall perform the duties provided hereunder without charge or other compensation. Any ex officio notary public appointed under the provisions of this Section shall possess those notarial powers as provided by law to administer oaths and take acknowledgements.
B. Additionally, specially designated commissioned Louisiana state police officers assigned to intelligence, detectives, narcotics, or internal affairs, and commissioned agents of the office of alcohol beverage control shall have the power to administer oaths and receive sworn statements, in connection with their official duties.

393.1. Ex officio notaries public for the Department of Public Safety and Corrections; appointment by secretary
A. Notwithstanding any provision in the law relative to qualifications for and limitations on the number of notaries public, the secretary of the Department of Public Safety and Corrections is authorized to designate officers in his office and appoint them as ex officio notaries public.
B. Each officer so appointed may exercise the functions of a notary public only to administer oaths, receive sworn statements, and shall otherwise be limited to matters within the official functions of the Department of Public Safety and Corrections.
C. All acts performed by such an ex officio notary public authorized by this Section shall be performed without charge or other compensation and without the necessity of giving bond.
D. The secretary may suspend or terminate any appointment made pursuant to this Section at any time, and separation from the employ of the Department of Public Safety and Corrections shall automatically terminate the powers of such an ex officio notary public.

394. Ex officio notaries public for the Department of Justice
A. Notwithstanding any provisions of the law relative to qualifications for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the attorney general, investigators in the Department of Justice as ex officio notaries public. Each ex officio notary public appointed under the provisions of this Section shall be submitted to the Senate for confirmation.
B. Such an ex officio notary public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall otherwise be limited to matters within the official functions of the Department of Justice.
C. All acts performed by such an ex officio notary public authorized by this Section shall be performed without charge or other compensation.
D. The attorney general may suspend or terminate any appointment made pursuant to this Section at any time, and separation from the employ of the Department of Justice shall automatically terminate the powers of such an ex officio notary public.

395. Ex officio notaries public for the Department of State
A. Notwithstanding any provisions of the law relative to qualifications for notaries public, the secretary of state is authorized to appoint not more than six essential employees within the Department of State as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall be limited to matters within the official functions of the Department of State. They shall use the official seal of the department.
C. All acts performed by such ex officio notaries public authorized by this Section shall be performed without charge or other compensation.

396. Ex officio notaries public for the Governor's Consumer Protection Division
A. Notwithstanding any provisions of the law relative to qualifications for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the director of the Governor's Consumer Protection Division, investigative staff members in the Governor's Consumer Protection Division as ex officio notaries public. Each ex officio notary public appointed under the provisions of this Section shall be submitted to the Senate for confirmation.
B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall otherwise be limited to matters within the official functions of the Governor's Consumer Protection Division as set forth in R.S. 51:1404.
C. All acts performed by such ex officio notary public authorized by this Section shall be performed without charge or other compensation.
D. The director of the Governor's Consumer Protection Division may suspend or terminate any appointment made pursuant to this Section at any time, and separation from the employ of the Governor's Consumer Protection Division shall automatically terminate the powers of such an ex officio notary public.

397. Ex officio notaries public for the Louisiana State Racing Commission
A. Notwithstanding any provisions of the law relative to qualifications for notaries public, the governor, upon the recommendation of the chairman of the Louisiana State Racing Commission, shall appoint not more than two of its employees at each racing commission office as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall be limited to matters within the official duties of R.S. 4:150(B)(11).
C. All acts performed by such ex officio notary public authorized by this Section shall be performed without charge or other compensation.
D. The provisions of this Section shall not cause any additional cost to the state.

398. Ex officio notaries for district attorneys
A. Notwithstanding any provisions of the law relative to qualifications for and limitations on the number of notaries public, each district attorney may designate an investigator in his office as administrative assistant and appoint him as an ex officio notary public.
B. Such an ex officio notary public may exercise, in the judicial district which the district attorney serves, the functions of a notary public only to administer oaths and execute affidavits, acknowledgments, and other documents, all limited to matters within the official functions of the office of district attorney.
C. Such ex officio notary public shall fulfill the same bond requirements as provided by law in the parish or parishes comprising the district which the district attorney serves, provided the total amount of the bond shall not exceed the amount required to exercise the functions of notary public in a single parish.
D. All acts performed by such an ex officio notary public authorized by this Section shall be performed without charge or other compensation.
E. The district attorney may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of the district attorney shall automatically terminate the powers of such an ex officio notary public.
F. The district attorney shall pay as an expense of his office the costs of the notarial seal, the notarial bond, and any fees required for filing the bond.

399. Ex officio notaries for police departments
A. Notwithstanding any provisions of the law relative to qualifications of notaries public, each chief of police may designate officers in his office and appoint them as ex officio notaries public.
B. Each officer so appointed may exercise, in the municipality that the police department serves, the functions of a notary public only to administer oaths and execute affidavits, acknowledgments, and other documents, all limited to matters within the official functions of the police department for the enforcement of the provisions of any statute which provides for criminal penalties and of the municipal ordinances which the police department is charged with enforcing.
C. Each ex officio notary public shall fulfill the same bond requirements as provided by law for notaries in the parish in which the municipality is located. The municipality shall pay as an expense of the office of the chief of police the costs of the notarial seal, the notarial bond, and any fees required for filing the bond.
D. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.
E. The chief of police may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of the police department shall automatically terminate the powers of the ex officio notary public.

400. Ex officio notaries public for the United States Forest Service
A. Notwithstanding any provisions of the law relative to qualification for and limitations on the number of notaries public, the governor is authorized to appoint, upon recommendation by the Forest Supervisor, realty specialists in the United States Forest Service as ex officio notaries public.
B. This ex officio notary public may exercise the functions of a notary public only to administer oaths and execute affidavits, acknowledgments, and other documents, all limited to matters within the official functions of his employment with the United States Forest Service.
C. All acts performed by an ex officio notary public authorized by this Section may be performed in any parish where national forest lands are administered, and shall be performed without charge or other compensation.
D. Separation from the employ of the United States Forest Service shall automatically terminate the powers of this ex officio notary public.

401. Ex officio notary public for the Sabine River Authority
A. Notwithstanding any provisions of the law relative to qualification for notaries public, the director of the Sabine River Authority may appoint one employee of the Sabine River Authority as ex officio notary public.
B. Such ex officio notary public may exercise the functions of a notary public only to administer oaths, receive sworn statements, and execute affidavits, acknowledgments, and other documents, and shall be limited to matters within the official functions of the Sabine River Authority.
C. All acts performed by such ex officio notary public authorized by this Section may be performed only in the parishes of Sabine, DeSoto, Beauregard, Calcasieu, Cameron, and Vernon and shall be performed without charge or other compensation.
D. The director of the Sabine River Authority may suspend or terminate any appointment made pursuant to this Section at any time and separation from the employ of the Sabine River Authority shall automatically terminate the powers of such ex officio notary public.

402. Ex officio notaries public for the vital records registry
A. Notwithstanding any other provisions of the law to the contrary governing the qualifications and appointment of notaries public, the governor may appoint the state registrar of vital records to serve as ex officio notary public, and the state registrar of vital records may designate not more than three employees in the vital records registry to serve as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary public only to execute affidavits as required under R.S. 9:224(B) to verify information contained in applications for a marriage license.
C. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.
D. The state registrar of vital records may suspend or terminate any notary public he has appointed pursuant to this Section at any time, and separation from office or employment in the office of the state registrar of vital records of any ex officio notary public under this Section shall automatically terminate the powers of such an ex officio notary public.

403. Ex officio notaries for hospital service district hospitals
A. Notwithstanding any provisions of the law relative to qualifications of notaries public, the director of a hospital service district hospital, created pursuant to the provisions of R.S. 46:1051 et seq., may appoint not more than two employees of the hospital as ex officio notaries public.
B. Such ex officio notaries may exercise the functions of a notary public only to administer oaths, receive sworn statements, execute affidavits, acknowledgments, and other documents, and shall be limited to matters within the official functions of the hospital.
C. Each ex officio notary public shall fulfill the same bond requirements as provided by law for notaries in the parish in which the hospital is located. The hospital shall pay as an expense of the hospital the costs of the notarial seal, the notarial bond, and any fees required for filing the bond.
D. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.
E. The director of the hospital may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of the hospital shall automatically terminate the powers of the ex officio notary public.

404. Ex officio notaries public of the office of financial institutions
A. Notwithstanding any provisions of law relative to qualifications for notaries public, except R.S. 35:391, the commissioner of financial institutions may appoint two investigators in his office as ex officio notaries public.
B. Such ex officio notaries public may exercise the functions of a notary public only to administer oaths and receive sworn statements and shall be limited to matters within the official functions of the office of financial institutions. They shall use the official seal of the department.
C. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.

405. Ex officio notary public for levee district police
A. Notwithstanding any provisions of law relative to qualifications for notaries public, except R.S. 35:391, the board of commissioners of a levee district created pursuant to the laws of this state may appoint three officers as ex officio notaries public. For purposes of this Section, "officer" means an employee who has attained the rank of lieutenant or a higher rank and who is a full-time commissioned police officer of the levee district.
B. Such ex officio notary public may exercise the functions of a notary public only to administer oaths, receive sworn statements, execute affidavits, acknowledgments, and other documents, and shall be limited to matters within the official functions of the law enforcement division of the levee district.
C. All acts performed by an ex officio notary public authorized by this Section may be performed only in the parishes in which the respective levee district has jurisdiction.
D. The board of commissioners of each levee district may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employ of a levee district shall automatically terminate the powers of such an ex officio notary public.

406. Ex officio notaries public of the adult protection agency
A. Notwithstanding any provisions of law relative to qualifications for notaries public, except R.S. 35:391:
(1) The director of the office of elderly affairs may appoint two investigators in each region of the adult protection agency, office of elderly affairs, office of the governor, as ex officio notaries public.
(2) The secretary of the Department of Health and Hospitals may appoint three investigators in the adult protection agency, Department of Health and Hospitals, as ex officio notaries public.
B. Such an ex officio notary public may exercise the functions of a notary public only to administer oaths, receive sworn statements, and execute affidavits and other documents, which shall be limited solely to matters within the official functions of the adult protection agency as provided in R.S. 14:403.2.
C. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.
D. The director or secretary authorized to make such appointments may suspend or terminate any appointment made pursuant to this Section at any time. Separation from the employ of the adult protection agency shall automatically terminate the powers of such an ex officio notary public.

CHAPTER 7. COMMISSIONERS [REPEALED]

451. through 460.
[Repealed by Acts 1977, No. 225, Section 1.]

CHAPTER 8. ACKNOWLEDGMENTS

PART I. ACKNOWLEDGMENTS WITHIN STATE

511. Forms of acknowledgment
Either the forms of acknowledgment now in use in this State, or the following, may be used in the case of conveyances or other written instruments, whenever such acknowledgment is required or authorized by law for any purpose:
(Begin in all cases by a caption specifying the state and place where the acknowledgment is taken.
1. In the case of natural persons acting in their own right:
On this ........ day of ........, 19 ..., ........... before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed it as his (or their) free act and deed.
2. In the case of natural persons acting by attorney: On this ........ day of ........., 19 ..., before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed it as the free act and deed of said C D.
3. In the case of corporations or joint stock associations:
On this ......... day of ........., 19 ..., before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other officer or agent of the corporation or association), of (describing the corporation or association), and that the seal affixed to said instrument is the corporate seal of said corporation (or association) and that the instrument was signed and sealed in behalf of the corporation (or association) by authority of its Board of Directors (or trustees) and that A B acknowledged the instrument to be the free act and deed of the corporation (or association).
(In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of the corporation (or association), and that" and add, at the end of the affidavit clause, the words "and that the corporation (or association) has no corporate seal").
(In all cases add signature and title of the officer taking the acknowledgment).

512. Married women, acknowledgment by
The acknowledgment of a married woman when required by law may be taken in the same form as if she were sole and without any examination separate and apart from her husband.

513. Officers before whom proof or acknowledgment taken in other states
The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without this state and within any other state, territory, or district of the United States, may be made before any officer of such state, territory or district, authorized by the laws thereof to take the proof and acknowledgment of deeds, and when so taken and certified under his official seal, shall be entitled to be recorded in this state, and may be read in evidence in the same manner and with like effect as proofs and acknowledgments taken before any of the officers now authorized by law to take such proofs and acknowledgments, and whose authority so to do is not intended to be hereby affected.

PART II. FOREIGN ACKNOWLEDGMENTS

551. Officers before whom made
All instruments requiring acknowledgment, if acknowledged without the United States, shall be acknowledged before an ambassador, minister, envoy or charge d'affaires of the United States, in the country to which he is accredited, or before one of the following officers commissioned or accredited to act at the place where the acknowledgment is taken, and having an official seal, viz.:-any officer of the United States; a notary public; or a commissioner or other agent of this state having power to take acknowledgments.

552. Form of certificate of acknowledgment
Every certificate of acknowledgment, made without the United States, shall contain the name or names of the person or persons making the acknowledgment, the date when and the place where made, a statement of the fact that the person or persons making the acknowledgement knew the contents of the instrument, and acknowledged it to be his, her or their act; the certificate shall also contain the name of the person before whom made, his official title, and be sealed with his official seal and may be substantially in the following form: ................ (name of country).
............ (name of city, province or other political subdivision). Before the undersigned ...................(naming the officer and designating his official title) duly commissioned (or appointed) and qualified, this day personally appeared at the place above named .................(naming the person or persons acknowledging) who declared that he (she or they) knew the contents of the foregoing instrument, and acknowledged it to be his (her or their) act.
Witness my hand and official seal this ...... day of ..........
19 .. ...............(name of officer). (seal) ...................(official title).
When the seal affixed shall contain the names or the official style of the officer, any error in stating, or failure to state otherwise the name or the official style of the officer, shall not render the certificate defective.

553. Acknowledgments in form used in state
A certificate of acknowledgment of a deed or other instrument acknowledged without the United States before any officer mentioned in R.S. 35:551 shall also be valid if in the same form as now is or hereafter may be required by law, for an acknowledgment within this state.

554. Interpretation and construction
This Part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

555. Force and effect
Every acknowledgment or proof of any legal instrument and any oath or affirmation, taken or made before a commissioner, ambassador, minister, charge d'affaires, secretary of legation, consul general, consul, or vice consul, and every attestation or authentication made by them, when duly certified as above provided, shall have the force and effect of an authentic act executed in this state.