LA House Bill 833 | NNA
Law

LA House Bill 833

Notary Law Update: LA House Bill 833

State: Louisiana

Summary:

House Bill 833 authorizes up to five employees of the Louisiana Office of Coastal Protection and Restoration to be appointed by the executive director as ex officio Notaries with non-civil law powers. These employees may only perform notarial acts related to the functions of the Office of Coastal Protection and Restoration. The notarizations must be performed without charge.

Signed:  July 10, 2009

Effective:  July 10, 2009

Chapter: Act No. 523

Affects:

Amends Section 35:410 to the Louisiana Revised Statutes

Changes:
  1. Authorizes the executive director of the Office of Coastal Protection and Restoration to appoint up to five employees as ex officio Notaries and to subsequently suspend or terminate any appointment at any time, and clarifies that the Office of Coastal Protection and Restoration will purchase each employee’s Notary seal.
  2. Permits the persons appointed as ex officio Notaries to administer oaths, attest affidavits and take acknowledgments only on acts and instruments to which the office, the executive director acting for the office, or the Coastal Protection and Restoration Authority, is a party, and other documents concerning any matter in which the office or the Coastal Protection and Restoration Authority has an official interest.
  3. Stipulates that the notarial acts performed by the ex officio Notaries appointed by the executive director of the Office of Coastal Protection and Restoration shall be performed without charge and without posting a bond.
Analysis:

More broadly, House Bill 833 creates the Office of Coastal Protection and Restoration in the office of the Governor; consolidates functions relative to hurricane protection, flood control, and coastal restoration under the authority of that office; provides the powers, duties, functions, and responsibilities of that office; provides for the interrelations between the Governor's Executive Assistant for Coastal Activities, the Coastal Protection and Restoration Authority, the Governor's Advisory Commission on Coastal Protection, Restoration and Conservation, and the Office of Coastal Protection and Restoration.

Most relevant to Notaries and notarization, House Bill 833 adds to Louisiana’s already lengthy list of persons who have ex officio Notary powers. Up to five employees of the Office of Coastal Protection and Restoration may be appointed by the executive director as ex officio Notaries. These employees may only perform notarial acts related to the office or in which the executive director or Authority is named as a party. The notarizations must be performed without charge. The notarizations authorized are not the attorney-like functions of Louisiana’s regular civil law Notaries, but are akin to the ministerial common law functions of Notaries in the 49 other states.

Read the bill text.

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