Legislation
State: Louisiana
Signed: June 29, 2006
Effective: August 15, 2006
Chapter: Act No. 730
SummaryHouse Bill 1222 consolidates provisions relative to the duty of a Notary to record certain acts in all parishes, specifies penalties for failure to record acts, and provides exceptions and related matters.
AffectsAmends Sections 35:199 and 35:281, and repeals Sections 9:2741, 9:2745, 35:282, 35:283, 35:284, 35:285, and 35:286 of the Louisiana Revised Statutes.
Changes
- Consolidates the once-separate rules for Notaries regarding immovable property (i.e., real estate) whether inside or outside Orleans Parish. The new rules are now largely contained within Title 35.
- Assesses a $200 fine for each infraction of the rules, on top of the damages as the parties may be awarded. Outside Orleans Parish, the fine was previously $100; inside Orleans Parish, the fine was previously $500. Prior penalties imposed by R.S. 35:281 and 35:282 were repealed.
AnalysisDue to the nature of the office of Notary Public under Louisiana law, Notaries are tasked with responsibilities with respect to the sale, transfer and mortgaging of real property that Notaries in U.S. common law jurisdictions do not have. House Bill 1222 basically gathers these responsibilities scattered in various places in the Revised Statutes and consolidates them in Title 35 where most of the other responsibilities of Notaries are found.
Read House Bill 1222.