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Louisiana Notary Chapter 7 - Office of Notary Public Exam – Questions and Answers
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Louisiana Notary Chapter 7 -Office of Notary Public Exam –
Questions and Answers
What is the term of office for a notary public? - -The commission is issued
without expiration and is in force and effect for as long as notary remains
qualified
-What crimes can a notary public be prosecuted for official misconduct? - -
Malfeasance in office
Bribery or corrupt influence
Injuring public records
Filing false public records
Forgery
Unauthorized exercise of notarial powers
-When will a notary's commission be suspended by operation of law? - -
Failure to maintain bond
Failure to timely file annual report
For an attorney - disbarred or suspended from the practice of law
-When can a notary be removed from office? - -The governor may remove a
notary from office or when convicted of a felony, by prosecution of a removal
suit brought by the district attorney - In Orleans Parish, by a commission
revocation process; Impeachment by the Louisiana House of Reps and
conviction by La. State Senate
-What are the general powers of a notary public? - -Family
meetings/meetings of creditors (outdated)
Jurisdictional limit of the entire state after 2005 (not commission); Parish
groups
-What does it mean to have parish reciprocity? - -There is a certain
reciprocity given to parish groups. (6 parishes are not included in any parish
group)
This means that an "old school" notary could be commissioned in Caddo
Parish and have "reciprocity" (can notarize) in Bossier, Cado, Bienville,
Claiborne, Desoto and Webster parishes.
-Explain a notary's duty to record/register instruments involving immovable
property. - -Louisiana R.S. 35:199 imposes a duty on a notary to record all
acts affecting immovable property.
, In all parishes, except Orleans, the notary has 15 days.
-What other directives do notaries have other than recordation? - -Failure to
act in accordance with these directives may not invalidate the act, but could
expose the notary to liability and suspension for "just cause."
1. Notifying the secretary of state withing 60 days of a change of mailing
address, residential address or both. La. R.S. 35:191.3
-What is the appointment process for becoming a notary? - -Secretary of
State's office oversees the application process. Once the S of S has qualified
the applicant, the governor makes the appointment; Judicial: During the
application process,app can be submitted to the district court of the
applicant's residence for judicial review and approval. If the judge
determines that the applicant is fit, then she issues a certificate to the S of S.
to that effect.
Legislative: the State Senate confirms the appointment.
-What are the qualifications for becoming a notary? - -Resident of LA
18 years old
A registered voter of the parish of your residence (if you are a citizen of the
U.S.)
-What are the procedures for appointment? - -Apply to the S of S; Take and
pass exam; Obtain bond or insurance; Commission issuance: La. R.S. 35:201
lists pre-requisites for commission.
1. certificate
2. Oath of office
3. bond
4. Official signature
-What kinds of bond can a notary have? - -post $10K surety bond or
maintain errors & omissions insurance $10K;
-What must a notary do to maintain his commission? - -Maintain a good and
solvent bond.
Maintain other qualifications for your office: maintaining residence in your
parish. and maintaining voter registration.
-What is the difference between a defacto and a de jure notary? - -de jure
notary is in full compliance.
de facto notary properly acquired the office, but lost status.
Annual reports.
-What is the standard for identifying a person for whom you are notarizing
an act? - -exercise the care of a prudent businessman in ascertaining the id
of the parties. good foms of id are DL, Passport, and military ID.
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