La. Admin. Code tit. 46 § XLVI-143

Current through Register Vol. 50, No. 9, September 20, 2024

Section XLVI-143 - Provisional Notary

A. A notary applicant can be provisionally commissioned if he meets the following qualifications and requirements:

1. the applicant resides and maintains a residence in a parish with a population of less than 40,000;

2. the applicant has passed the multiple choice and research section of the notary exam on or after December 1, 2009;

3. the applicant's authority to exercise the powers of a notary public is only within the course and scope of the applicant's employment;

4. the applicant's notarial authority shall be under the direction of a supervisor for the employer;

5. the applicant's supervisor shall not be a notary;

6. the applicant's employer must be a business that was in existence prior to January 1, 2013;

7. the applicant's employer shall not be a business whose primary function is to provide notary services;

8. the applicant's employer must be a party to the act or instrument being sworn to, acknowledged or passed before or the act or other instrument is necessary to or incidental to the business activity or operations of the employer;

9. at least one of the persons appearing before the applicant to execute an affidavit, acknowledgment, or other notarial act or instrument is a former, current, or prospective client or a customer of the employer;

10. applicant's jurisdiction is within the parish of commission and in any adjacent parish with a population of less than 40,000 where his employer maintains an office;

11. the applicant must post and maintain a bond, at the expense of employer, in the amount of $20,000;

12. the applicant's employer shall hold harmless any claim made against the notary bond when the applicant is acting in the course and scope of employment or under the direction of the employer;

13. the applicant must submit the completed and notarized application for provisional notarial appointment provided by the secretary of state to the notary division;

14. the applicant is required to attend the notary orientation class provided by the secretary of state;

15. if the employer terminates the employment or no longer wishes to be bound by these provisions, he shall immediately send written notice to the secretary of state and the commission shall be automatically revoked unless:

a. the applicant declares in writing his intention to remain a provisional notary with an inactive status until a new application for provisional notary form from another employer is submitted to the secretary of state; or

b. the applicant declares in writing the desire to remain a provisional notary with an inactive status while pursuing successful completion of the notary exam and shall exercise no notarial functions until notified by the secretary of state that his status has been changed;

16. if the applicant voluntarily terminates employment with named employer, a written notification to the secretary of state must be submitted and:

b. declares in writing his intention to remain a provisional notary with an inactive status while pursuing successful completion of the notary exam and shall have no authority to exercise notarial functions until notified by the secretary of state that his status has been changed;

17. the applicant understands that the employer is not liable for any damages caused by negligent or fraudulent errors or omissions when notarizing outside the course and scope of employment;

18. the commission can be suspended or revoked by the court or suspended by the secretary of state pursuant to R.S. 35:15; and

19. the provisional notary commission shall expire on August 1, 2016 unless all sections of the notary exam have been successfully completed.

B. The provisional notary has no authority to:

1. draft and prepare a last will and testament or donation mortis causa;

2. draft and prepare a trust; or

3. draft and prepare any instrument that transfers title to immovable property including but not limited to an act of sale or act of donation.

La. Admin. Code tit. 46, § XLVI-143

Promulgated by the Department of State, Commercial Division, LR 39:2788 (October 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 35:15, R.S. 35:191, and R.S. 36:742.