LA Notary - Louisiana Notary Exam Louisiana Notary Authentic Acts and Jurat 1 — Questions and Answers
Question 1: Under Louisiana Civil Code Article 1833, what happens to an instrument that fails to qualify as an authentic act due to a defect in form?
- The instrument is absolutely null and has no legal effect
- The instrument may still be valid as an act under private signature if signed by the parties (Correct answer)
- The instrument must be re-executed before a different notary to cure the defect
- The instrument automatically becomes a testament olographe
Correct answer: The instrument may still be valid as an act under private signature if signed by the parties
Louisiana Civil Code Article 1833 provides that an instrument failing to qualify as an authentic act due to a defect in form may still be effective as an act under private signature duly acknowledged, provided it is signed by the parties. This 'savings' rule prevents a purely technical defect from voiding an otherwise valid agreement.
Question 2: A jurat requires the affiant to do which of the following before the notary public?
- Sign the document in the notary's presence without any verbal oath
- Acknowledge that the signature on the document is their own
- Swear or affirm under oath that the contents of the document are true (Correct answer)
- Present two disinterested witnesses to attest to the document
Correct answer: Swear or affirm under oath that the contents of the document are true
A jurat certifies that the affiant appeared before the notary and swore or affirmed under oath that the statements in the document are true. This is the defining characteristic of a jurat and distinguishes it from an acknowledgment, which only confirms the authenticity of a signature.
Question 3: Which of the following persons is DISQUALIFIED from serving as a witness to an authentic act in Louisiana?
- A person who is a resident of a different Louisiana parish than the notary
- A person who is 18 years of age and a U.S. citizen
- A person who is named as a beneficiary in the instrument being executed (Correct answer)
- A person who is employed at the same law firm as the drafting attorney
Correct answer: A person who is named as a beneficiary in the instrument being executed
Louisiana law requires witnesses to an authentic act to be 'competent,' meaning they must be disinterested parties. A person who stands to gain from the instrument—such as a named beneficiary—is an interested party and therefore legally incompetent to serve as a witness, as their testimony would not be impartial.
Question 4: What information is required in a properly completed jurat certificate in Louisiana?
- The notary's commission number and the printed names of two subscribing witnesses
- The venue, a statement that the affiant appeared and swore or affirmed, and the notary's signature and seal (Correct answer)
- The date the document was drafted, the legal description of any property, and the notary's expiration date
- The full legal names of all parties to the transaction and the parish of recordation
Correct answer: The venue, a statement that the affiant appeared and swore or affirmed, and the notary's signature and seal
A complete Louisiana jurat certificate must include: the venue (state and parish where the oath was taken), a statement that the affiant personally appeared before the notary and swore or affirmed to the truth of the document, the date, and the notary's signature and official seal. These elements document the oath and establish jurisdiction.
Question 5: An authentic act is considered 'self-proving' in Louisiana primarily because:
- It does not require the presence of any witnesses at the time of signing
- It can be admitted into evidence without requiring live testimony from the subscribing notary or witnesses (Correct answer)
- It is automatically indexed in the parish mortgage and conveyance records upon execution
- The notary's seal substitutes for the signatures of the parties to the instrument
Correct answer: It can be admitted into evidence without requiring live testimony from the subscribing notary or witnesses
Because an authentic act is executed with full legal formalities — in the simultaneous presence of a notary and two witnesses — it carries its own proof of execution. Courts may admit it into evidence without calling the notary or witnesses to testify about how it was signed, saving time and expense in litigation.
Question 6: What is the primary distinction between an act under private signature duly acknowledged and a true authentic act in Louisiana?
- An act under private signature requires more witnesses than an authentic act
- In an act under private signature, the notary does not witness the actual signing but only certifies the later acknowledgment of the signature (Correct answer)
- An authentic act cannot be used to transfer title to immovable property, but an act under private signature can
- An act under private signature has greater evidentiary weight in Louisiana courts than an authentic act
Correct answer: In an act under private signature, the notary does not witness the actual signing but only certifies the later acknowledgment of the signature
The critical distinction is presence at signing. In an authentic act, the parties sign in the simultaneous presence of the notary and witnesses. In an act under private signature duly acknowledged, the parties sign the document beforehand and later appear before the notary only to acknowledge those pre-existing signatures — the notary never witnessed the original signing.
LA Notary - Louisiana Notary Exam Louisiana Notary Authentic Acts and Jurat 1
Under Louisiana Civil Code Article 1833, what happens to an instrument that fails to qualify as an authentic act due to a defect in form?