LA Notary - Louisiana Notary Authentic Acts and Jurat Questions and Answers — Questions and Answers
Question 1: According to Louisiana Civil Code Article 1833, which of the following is an essential requirement for a writing to be considered an Authentic Act?
- The act must be executed at one time and in one place.
- The act must be signed by the parties, a notary public, and two witnesses. (Correct answer)
- The act must be filed with the Secretary of State within 24 hours.
- The act must involve the transfer of immovable property.
Correct answer: The act must be signed by the parties, a notary public, and two witnesses.
Louisiana Civil Code Article 1833 defines an authentic act as a writing executed before a notary public in the presence of two witnesses, and signed by each party, each witness, and the notary public. The law explicitly states that the act does not need to be executed at one time or place.
Question 2: A document is presented to a Louisiana Notary for a jurat. Which action is mandatory for the notary to perform?
- Verify that the signer has willingly signed the document.
- Allow the signer to sign the document before appearing in person.
- Administer an oath or affirmation to the signer. (Correct answer)
- Confirm the signer's understanding of the document's legal consequences.
Correct answer: Administer an oath or affirmation to the signer.
The primary purpose of a jurat is for the signer to swear or affirm that the contents of a document are true. Therefore, the notary must administer an oath or affirmation. The signer must sign the document in the notary's presence for a jurat.
Question 3: Mr. Boudreaux needs to execute a donation of immovable property to his son, an act which Louisiana law requires to be in authentic form. He signs the act before a notary and two witnesses in Lafayette. His son, who is in New Orleans, signs the same document the next day before a different notary and two different witnesses. Which of the following is true regarding the status of the act?
- The act is invalid because all parties, witnesses, and the notary did not sign at the same time and place.
- The act is an Act Under Private Signature Duly Acknowledged but not an Authentic Act.
- The act qualifies as an Authentic Act provided all signature and witness requirements were met at each location. (Correct answer)
- The act is null because the same two witnesses did not witness both signatures.
Correct answer: The act qualifies as an Authentic Act provided all signature and witness requirements were met at each location.
Louisiana Civil Code Article 1833(B) explicitly states that a writing does not need to be executed at one time or place, or before the same notary public or in the presence of the same witnesses, to be an authentic act. As long as each party executes the document before a notary and two witnesses, the requirements are met.
Question 4: What is the primary legal effect of an Authentic Act in Louisiana?
- It requires a judge's signature to be legally binding.
- It serves as prima facie evidence of its contents, meaning it is considered self-proving. (Correct answer)
- It must be renewed every five years to maintain its validity.
- It can only be prepared by a licensed attorney.
Correct answer: It serves as prima facie evidence of its contents, meaning it is considered self-proving.
An authentic act is self-proving and constitutes full proof of the agreement it contains. It is presumed to be valid on its face and is admissible as evidence without further proof of its execution. While some notaries are attorneys, Louisiana notaries have broader powers than in other states and can prepare many authentic acts themselves.
Question 5: A key difference between an acknowledgment and a jurat in Louisiana is that for a jurat, the signer must:
- Sign the document in the physical presence of the notary. (Correct answer)
- Be personally known to the notary.
- Acknowledge that they signed the document willingly.
- Provide two forms of government-issued identification.
Correct answer: Sign the document in the physical presence of the notary.
For a jurat, the notary must witness the signer executing the document. The purpose is for the signer to swear or affirm to the truthfulness of the document's contents, which includes the act of signing. For an acknowledgment, the signer can sign the document beforehand and then appear before the notary to acknowledge their signature.
Question 6: Which of the following documents in Louisiana law MUST be in the form of an Authentic Act to be valid?
- A contract for the sale of a used vehicle.
- A residential lease agreement for one year.
- A last will and testament (notarial testament). (Correct answer)
- A personal loan agreement between two individuals.
Correct answer: A last will and testament (notarial testament).
Louisiana law requires certain documents to be executed as an Authentic Act to be valid. A prime example is a notarial testament (will), which must be executed before a notary and two witnesses to be legally effective. Other listed agreements do not have this strict formal requirement.
LA Notary - Louisiana Notary Authentic Acts and Jurat Questions and Answers
According to Louisiana Civil Code Article 1833, which of the following is an essential requirement for a writing to be considered an Authentic Act?