Legislation
State: Louisiana
Signed: June 29, 2006
Effective: August 15, 2006
Chapter: Act No. 730
SummaryProvides relative to a Notary's duty to record acts.
AffectsAmends Revised Statutes (R.S) 35:199 and 281; repeals R.S. R.S. 9:2741 and 2745 and R.S. 35:282, 283, 284, 285, and 286
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 Prior penalties imposed by the R.S. 35:281 and 35:282 were repealed.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 the bill text.