LA Notary Louisiana Notary Authentic Acts and Jurat 2 — Questions and Answers
Question 1: Under Louisiana law, what is the evidentiary effect of an authentic act?
- It has no special evidentiary value
- It constitutes full proof of the agreement it contains against the parties and against third persons (Correct answer)
- It is only evidence if notarized and sealed
- It is treated the same as a private writing
Correct answer: It constitutes full proof of the agreement it contains against the parties and against third persons
An authentic act has enhanced evidentiary effect, constituting full proof.
Louisiana Civil Code Article 1835 provides that an authentic act constitutes full proof against the parties, their heirs, and successors. To overcome this, a party must prove forgery or fraud.
Question 2: What is the difference between an acknowledgment and a jurat in Louisiana notarial practice?
- There is no difference
- An acknowledgment certifies the signer confirmed their signature; a jurat certifies the signer swore to the truthfulness of the document (Correct answer)
- An acknowledgment is for court documents; a jurat is for real estate
- An acknowledgment requires witnesses; a jurat does not
Correct answer: An acknowledgment certifies the signer confirmed their signature; a jurat certifies the signer swore to the truthfulness of the document
An acknowledgment verifies identity and voluntary signature; a jurat includes an oath as to truthfulness.
An acknowledgment (R.S. 35:511) certifies the person signed voluntarily. A jurat (R.S. 35:512) includes an oath that the contents are true. False statements under a jurat may constitute perjury.
Question 3: How many witnesses are required for a valid authentic act in Louisiana?
- None
- Two competent witnesses (Correct answer)
- Three competent witnesses
- One witness and a co-notary
Correct answer: Two competent witnesses
An authentic act requires at least two competent witnesses.
Louisiana Civil Code Article 1833 requires two witnesses. Both must be present at the same time as the parties and the notary. Each must sign the act.
Question 4: A notary is asked to prepare an affidavit. What type of notarial certificate should be attached?
- An acknowledgment
- A jurat, because an affidavit is a sworn statement requiring an oath (Correct answer)
- No notarial certificate is needed
- A certificate of authentication
Correct answer: A jurat, because an affidavit is a sworn statement requiring an oath
An affidavit by definition is a sworn statement, so it requires a jurat.
An affidavit is a written statement made under oath. Using an acknowledgment instead of a jurat would not create a valid affidavit because there would be no oath component.
Question 5: Under Louisiana law, what happens if an authentic act lacks one of the required formalities?
- The act is completely void
- The act may still be valid as an act under private signature if signed by the parties (Correct answer)
- The court can cure the defect
- The notary must re-execute within 30 days
Correct answer: The act may still be valid as an act under private signature if signed by the parties
A defective authentic act may still serve as a private writing, but loses its enhanced evidentiary status.
Louisiana Civil Code Article 1832 provides that if an instrument fails as an authentic act but is signed by the parties, it may be valid as an act under private signature. However, if authentic act form was required (e.g., donation of immovable), the transaction may be null.
Question 6: What is a ne varietur paraph in Louisiana notarial practice?
- A notarial seal on the final page only
- A notation placed by the notary on a document to identify it for reference in an authentic act, meaning let it not be changed (Correct answer)
- A correction made by the notary to fix errors
- A stamp indicating the document has been recorded
Correct answer: A notation placed by the notary on a document to identify it for reference in an authentic act, meaning let it not be changed
Ne varietur identifies the document as the one referenced in the authentic act and prevents substitution.
When a promissory note or other document is referenced in an authentic act, the notary paraphs it ne varietur. The paraph typically includes initials, date, and the words ne varietur.
LA Notary Louisiana Notary Authentic Acts and Jurat 2
Under Louisiana law, what is the evidentiary effect of an authentic act?