LIST OF SERVICES
Acknowledgments
Acts of Notarial Adoption
Affidavits
Authentic Acts
Auto Title Transfers
Bills of Sale
Bond for Deed
Cash Sales
CommunityProperty
Contracts
Donations
Emancipations
Filings:
....
Clerk of Court
....
OMV
.....Sec.
of State)
Corporations:
.....Articles,
.....ByLaws,
.....Dissolutions,
.....Filings,
.....Initial Reports,
.....Resolutions
.....Trademarks , etc.
Inventories
Leases & Lease Purchases
Liens:
....
Contractor
.....Labor
.....Material,
etc.)
Living Wills
Loan Closures
Marriage Contracts
Mobile Home Moves
Mortgages
Partnerships
Paternity Declarations
Powers of Attorney
Promissory Notes
Real Estate Transfers
Small Successions
Trusts
Wills
............. and more
Why do we need notaries, anyway?
U. S. citizenship entitles us to own private property and engage in private enterprise. These are human rights for which our forefathers sacrificed much, but it creates an enormous burden of record keeping for state governments, which have had to develop systems for tracking and protecting ownership in houses, land, and vehicles, as well as authenticating contracts and obligations which affect property, such as marriage, children, inheritance, partnerships, etc. Louisiana’s Civil Code and Revised Statutes are some of the collected rules for how such affairs are conducted in our State, which, in a nutshell, is accomplished through paperwork signed by you then filed with the Clerk of Court, Office of Motor Vehicles, Vital Statistics Registry, and in the case of business entities, with the Secretary of State.
Know this. YOUR SIGNATURE IS YOUR BOND, and anyone over 18 can be held
accountable for any document they sign. The notary exists to ensure that
YOU and only YOU sign for yourself in entering binding contracts, buying
and selling property, making loans, leases, etc., and to ensure that the
paperwork meets lawful requirements. Without the notarial function in
place to protect you from fraud and establish an accurate “paper
trail”, the whole concept of “property rights” would soon
become meaningless.
Back
to Home Page
Notaries in Louisiana are entrusted with vastly more responsibility
than “common law” notaries in the other 49 United States, who
primarily witness signatures and take affidavits. Louisiana notaries can
prepare wills, trusts, contracts, and many other documents. This is due
to Louisiana’s unique blend of French & Spanish legal heritage,
where for centuries notaries have handled all “instruments in writing”,
while lawyers concerned themselves primarily with litigation. Louisiana
law is thus rooted in Roman, i.e., “civil law”, a tradition
still revered and followed in European and latin countries world-wide,
under which Louisiana notaries are uniquely proud to serve.
Back
to Home Page
Can all Louisiana notaries perform the services listed on the left?
Technically yes, and more. But because some laws are complex, many notaries
specialize in only one or just a few services. Since Louisiana notaries
are relied upon to ensure accurate documentation of every transaction
they handle and may be held liable for improperly performing such duties,
non-attorney notaries are required to be bonded. Many carry Errors and
Omissions Insurance, and most are very careful about their work.
Back
to Home Page
Are notaries and attorneys the same?
No. Notaries in Louisiana are public officials appointed by the Governor. They are trained, tested, bonded, and authorized to administer oaths, take depositions, prepare and record legal documents such as acts, etc. Commissions are granted for life. NOTE: NOTARIES DO NOT REPRESENT CLIENTS IN LEGAL MATTERS.
Attorneys, on the other hand, are private citizens trained, tested, then
authorized by the Louisiana Bar Association to give legal advise, represent
clients and argue their cases in court. To do notarial work, an attorney
must obtain a separate notary commission. Not all do so.
Back
to Home Page
How are notary fees established?
Notaries set their fees individually, based on reasonable and customary
charges in their area as well as other factors, such as specialization
in a field and degree of liability. It can pay to shop around. Plus keep
in mind that non-attorney notaries charge less than most attorney notaries
for similar services--this division of authority can save you money and
is one advantage of living under a “civil law” system.
Back
to Home Page
Is a seal imprint necessary on all notarized documents?
No. A mechanical seal is only necessary when the document is going out of state. Officially the notary’s signature is his or her “seal”, and all active notaries are listed and their signatures are on file with the Secretary of State. However, an imprint is often affixed to the original to distinguish it from copies, to reinforce the notary’s signature, and to render to the document a distinguished look which matches the importance of its contents.
How do I verify a Louisiana notary's active status?
Louisiana maintains an extensive database of its civil law notaries,
making available to the public their commission date and parish of service,
status as either active, inactive, or decomissioned, bond number and expiration
date, and contact information. Check out your notary's current status
by entering the individual notary's last name at the Secretary
of State's Notary Database.
© 1999, Michele T. Fry. No part of this page may be reproduced without the written permission of the author. Brochures containing this information, customized for your notary business, may be purchased in 100 lots through us.
