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Law

LA House Bill 122

Notary Law Update: LA House Bill 122

State: Louisiana

Summary:

House Bill 122 validates remote notarial acts temporarily performed under the Governor’s Proclamation Number 37 JBE 2020.

Signed:  June 09, 2020

Effective:  June 09, 2020

Chapter: Act No. 131

Affects:

Adds Chapter 11 to Title 35 of the Louisiana Revised Statutes.

Changes:
  1. Ratifies and approves Proclamation Number 37 JBE 2020 subject to the following requirements.
  2. Provides that any person who appeared before a Notary to communicate by sight and sound using an electronic device or process and affixed electronic signatures to a record on or after March 11, 2020, and before May 1, 2020, have the same force and effect as if all persons and the Notary had been in the physical presence of each other.
  3. Provides that any testament, trust instrument, donation inter vivos, matrimonial agreement, act modifying or waiving, or extinguishing an obligation of final spousal support, or an amendments to such acts, or authentic acts do not apply to remote acts.
  4. Provides that any act which would constitute an authentic act but for the appearance of one or more necessary persons via electronic means, may still be valid as an act under private signature or an acknowledged act.
  5. Provides that the Act preempts and supersedes but does not repeal any conflicting provision of the Civil Code or any other provision of law to the extent that such provision conflicts with the provisions of the Act.
  6. Clarifies that the Act is interpretive, curative, and procedural, and applies retrospectively as well as prospectively.
Analysis:

The stated purpose of House Bill 122 is as follows: “The legislature finds that the COVID-19 public health emergency created a statewide emergency disrupting the ability of notaries public to be in the physical presence of persons whose signatures the notary public was authenticating. This Chapter is enacted for the benefit and protection of the state as a whole and its citizens, to prevent injustice, inequity, undue hardship, and disruption of transactions to persons relying on the authentication of signatures of persons not in the physical presence of a notary public by a notary public who authenticated the signature.”

Read the bill text.

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