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Rule

LA Administrative Rules

Notary Law Update: LA Administrative Rules

State: Louisiana

Summary:

The Louisiana Secretary of State has published administrative rules to implement its Notary program.

Signed:  October 20, 2013

Effective:  October 20, 2013

Chapter: N/A

Affects:

Adds several new sections to Title 46, Part VLVI, Chapter 1 of the Louisiana Administrative Code

Changes:
  1. Prescribes the qualifications for one to hold a Louisiana Notary commission.
  2. Provides rules for applying for a Notary commission, application deadlines, and dates for the Notary examination.
  3. Clarifies that the official study guide for the examination is The Fundamentals of Louisiana Notary Law and Practice, which can be obtained for $90 from the Secretary of State.
  4. Clarifies that a course of instruction is not required to take the Louisiana Notary examination.
  5. Provides rules for course providers who do offer a course of instruction in preparation for the state examination.
  6. Clarifies the rules for taking the Louisiana Notary examination.
  7. Clarifies the documents that must be filed with the Secretary of State after one has passed the state examination and further clarifies that a Notary's commission commencement date is based upon the date indicated in the Notary database and that a Notary does not have to wait to receive a commission certificate from the Secretary in order to begin performing Notary duties.
  8. Provides rules for attorneys who apply to receive a Notary commission.
  9. Provides rules for notifying the Secretary of a change of parish and change of name.
  10. Provides rules for obtaining a dual commission for one other parish in which the Notary maintains an office and is not reciprocal with the existing commission.
  11. Provides rules for renewing the Notary bond or errors and omissions insurance.
  12. Provides rules for granting a Notary a leave of absence.
  13. Provides a rule related to the retirement status of a Notary Public.
  14. Provides a rule related to resignation as a Notary Public.
  15. Publishes a list of fees related to a Notary commission.
  16. Clarifies that a Notary's signature is his or her seal, but allows a Notary to elect to use a seal; and further provides the information a Notary must include when performing a notarial act.
  17. Clarifies the provisions of law related to reciprocal parishes.
  18. Clarifies that the state of Louisiana does not have a statutory fee scheduled which would determine or limit the fees Notaries may charge for their services.
  19. Clarifies that if a Notary appears in the state's database of Notaries Public as being suspended, the Notary did not file an annual report or the Notary's bond has expired.
  20. Provides rules for submitting the annual report.
  21. Provides rules for qualifying as ex-officio Notaries Public.
  22. Provides rules for qualifying as a provisional Notary Public.
Analysis:

The Louisiana Secretary of State has published administrative rules to implement its Notary program. Revised Statutes 36:742 allow the Secretary of promulgate rules and regulations necessary for the administration and the functions of the Secretary's office. The rules, which take effect on October 20, 2013, cover most of the logistics of becoming and maintaining a Notary commission. The rules don't cover Notary practices per se, except for the section on the Notary seal which specifies the information that must be included in a notarial act.

Read the text of the administrative rules in the Louisiana Administrative Register.

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