Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part XLVI - Notaries Public
Chapter 1 - Notaries Public
Section XLVI-143 - Provisional Notary
Universal Citation: LA Admin Code XLVI-143
Current through Register Vol. 50, No. 9, September 20, 2024
A. A notary applicant can be provisionally commissioned if he meets the following qualifications and requirements:
1. the
applicant resides and maintains a residence in a parish with a population of
less than 40,000;
2. the applicant
has passed the multiple choice and research section of the notary exam on or
after December 1, 2009;
3. the
applicant's authority to exercise the powers of a notary public is only within
the course and scope of the applicant's employment;
4. the applicant's notarial authority shall
be under the direction of a supervisor for the employer;
5. the applicant's supervisor shall not be a
notary;
6. the applicant's employer
must be a business that was in existence prior to January 1, 2013;
7. the applicant's employer shall not be a
business whose primary function is to provide notary services;
8. the applicant's employer must be a party
to the act or instrument being sworn to, acknowledged or passed before or the
act or other instrument is necessary to or incidental to the business activity
or operations of the employer;
9.
at least one of the persons appearing before the applicant to execute an
affidavit, acknowledgment, or other notarial act or instrument is a former,
current, or prospective client or a customer of the employer;
10. applicant's jurisdiction is within the
parish of commission and in any adjacent parish with a population of less than
40,000 where his employer maintains an office;
11. the applicant must post and maintain a
bond, at the expense of employer, in the amount of $20,000;
12. the applicant's employer shall hold
harmless any claim made against the notary bond when the applicant is acting in
the course and scope of employment or under the direction of the
employer;
13. the applicant must
submit the completed and notarized application for provisional notarial
appointment provided by the secretary of state to the notary
division;
14. the applicant is
required to attend the notary orientation class provided by the secretary of
state;
15. if the employer
terminates the employment or no longer wishes to be bound by these provisions,
he shall immediately send written notice to the secretary of state and the
commission shall be automatically revoked unless:
a. the applicant declares in writing his
intention to remain a provisional notary with an inactive status until a new
application for provisional notary form from another employer is submitted to
the secretary of state; or
b. the
applicant declares in writing the desire to remain a provisional notary with an
inactive status while pursuing successful completion of the notary exam and
shall exercise no notarial functions until notified by the secretary of state
that his status has been changed;
16. if the applicant voluntarily terminates
employment with named employer, a written notification to the secretary of
state must be submitted and:
a. the applicant
declares in writing his intention to remain a provisional notary with an
inactive status until a new application for provisional notary form from
another employer is submitted to the secretary of state; or
b. declares in writing his intention to
remain a provisional notary with an inactive status while pursuing successful
completion of the notary exam and shall have no authority to exercise notarial
functions until notified by the secretary of state that his status has been
changed;
17. the
applicant understands that the employer is not liable for any damages caused by
negligent or fraudulent errors or omissions when notarizing outside the course
and scope of employment;
18. the
commission can be suspended or revoked by the court or suspended by the
secretary of state pursuant to
R.S.
35:15; and
19. the provisional notary commission shall
expire on August 1, 2016 unless all sections of the notary exam have been
successfully completed.
B. The provisional notary has no authority to:
1. draft and prepare a last will and
testament or donation mortis causa;
2. draft and prepare a trust; or
3. draft and prepare any instrument that
transfers title to immovable property including but not limited to an act of
sale or act of donation.
AUTHORITY NOTE: Promulgated in accordance with R.S. 35:15, R.S. 35:191, and R.S. 36:742.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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