In Louisiana, notaries have broad powers due to the state’s civil law system and frequently sign instruments related to real estate, legal transactions, and financial matters. The authentic act, a unique and highly trusted legal instrument, is also frequently signed by notaries in the presence of two witnesses.
The most common instruments and notarial acts signed by Louisiana notaries include:
Real estate instruments
- Authentic acts: These are commonly used in residential real estate transactions and are executed before a notary public and two witnesses.
- Acts of sale: Deeds and other documents transferring property ownership are routinely notarized.
- Mortgages: Documents used to secure a loan with real property require a notary’s signature.
- Acts of donation or exchange: Notaries prepare and execute instruments for donating or exchanging property.
- Security agreements: These legal documents affecting movable property often require notarization.
Legal and estate instruments
- Powers of attorney (Mandates): Notaries frequently draft and sign general and limited powers of attorney, which authorize another person to act on a principal’s behalf.
- Affidavits: This is a sworn statement of fact made before an officer with the authority to administer an oath, such as a notary.
- Wills and trusts: Unlike in other states, Louisiana notaries have the power to draft and execute these important legal documents.
- Successions: Notaries can prepare affidavits of heirship and handle other aspects of successions (the legal process of transferring a deceased person’s property).
- Matrimonial agreements: These prenuptial or other contracts between spouses can be drafted and notarized.
Business and financial instruments
- Contracts: Notaries can attest to the signatures on a wide range of business and personal contracts.
- Loan agreements: Various financial documents, such as promissory notes and loan agreements, require notarization.
- Articles of incorporation and partnership agreements: Notaries can assist with the formation of businesses.
Other common notarial acts
- Certified copies: Notaries are often asked to create attested or certified copies of original documents, confirming their accuracy.
- Jurat: The notary certifies that the signer took an oath affirming the truthfulness of the document’s contents.
- Acknowledgements: A notary confirms the identity of the person signing a document and verifies they signed it voluntarily.