LA Notary - Louisiana Notary Exam Louisiana Notary Authentic Acts and Jurat 1

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?

Accepted Answer

The instrument may still be valid as an act under private signature if signed by the parties

Answer

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?

Accepted Answer

Swear or affirm under oath that the contents of the document are true

Answer

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?

Accepted Answer

A person who is named as a beneficiary in the instrument being executed

Answer

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?

Accepted Answer

The venue, a statement that the affiant appeared and swore or affirmed, and the notary's signature and seal

Answer

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:

Accepted Answer

It can be admitted into evidence without requiring live testimony from the subscribing notary or witnesses

Answer

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.

LA Notary - Louisiana Notary Exam Practice Test

LA Notary - Louisiana Notary Exam Practice Test

LA Notary - Louisiana Notary Exam Louisiana Notary Authentic Acts and Jurat 1