§2. General powers; administration of certain oaths in any parish; true copies
A.(1) Notaries public have power within their several parishes:
(a) To make inventories, appraisements, and partitions;
(b) To receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing;
(c) To hold family meetings and meetings of creditors;
(d) To receive acknowledgements of instruments under private signature;
(e) To make affidavits of correction;
(f) To affix the seals upon the effects of deceased persons, and to raise the same.
(2) All acts executed by a notary public, in conformity with the provisions of Civil Code Art. 1833, shall be authentic acts.
(3) Notwithstanding any provision in the law to the contrary, a notary public shall have power, within the parish or parishes in which he is authorized, to exercise all of the functions of a notary public and to receive wills in which he is named as administrator, executor, trustee, attorney for the administrator, attorney for the executor, attorney for the trustee, attorney for a legatee, attorney for an heir, or attorney for the estate.
B. However, each notary public of this state shall have authority to administer oaths in any parish of the state, to swear in persons who appear to give testimony at a deposition before a general reporter or free-lance reporter certified under the provisions of R.S. 37:2551 et seq., and to verify interrogatories and other pleadings to be used in the courts of record of this state. Such oaths, and the certificates issued by such notaries shall be received in the courts of this state and shall have legal efficacy for purposes of the laws on perjury.
C. Every qualified notary public is authorized to certify true copies of any authentic act or any instrument under private signature hereafter or heretofore passed before him or acknowledged before him, and to make and certify copies, by any method, of any certificate, research, resolution, survey or other document annexed to the original of any authentic acts passed before him, and may certify such copies as true copies of the original document attached to the original passed before him.
Amended by Acts 1977, No. 354, §1; Acts 1981, No. 406, §1; Acts 1982, No. 427, §1; Acts 1984, No. 245, §1; Acts 1990, No. 843, §1, eff. July 24, 1990; Acts 2008, No. 856, §1, eff. August 15, 2008.
Notes of Decisions
Roth v. B & L Enter., Inc., 420 So. 2d 1094 (La. 1982).
· cites it 6× “In addition, the legislature regulates the profession by enumerating its general powers (R.S. 35:2), by determining the place where notarial acts can be executed (R.”
Taylor v. Broom, 526 So. 2d 1367 (La. Ct. App. 1988).
“R.S. 35:2(B); La.C.C.P. art. 287; La.R.S.”
McGuire v. Mosley Rogers Title Co., LLC, 997 So. 2d 23 (La. Ct. App. 2008).
“R.S. 35:2 defines the general powers of a notary public and provides, among other powers, that they have the power "To .”
Webb v. Pioneer Bank & Trust Co., 530 So. 2d 115 (La. Ct. App. 1988).
“There is no question concerning the fault of Webb, who forged the plaintiff's signature on the note and the mortgage.”
Collins v. Collins, 629 So. 2d 1274 (La. Ct. App. 1993).
“In Webb, supra, the court found that the notary who notarized the note in the mortgage but could not recall whether the wife’s signature was affixed in his presence was negligent for failing to exercise ordinary care in ascertaining the genuineness of the signature allegedly…”
Dale v. Carriere, 537 So. 2d 346 (La. Ct. App. 1988).
“It based this finding on LSA-R.S. 35:2(A)(1) which states as follows: *347 Notaries public have power within their several parishes .”
In re State ex rel. Wootan, 313 So. 2d 621 (La. Ct. App. 1975).
· cites it 2× “For instance, R.S. 35:2 lists a number of powers granted to notaries, some of which are perhaps even more serious than those which affect real estate, and the power of the notary to function is limited to the Parish where he is commissioned, R.”
In re Cabibi, 922 So. 2d 490 (La. 2006).
“R.S. 35:2 authorizes a notary public “to receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing.”
LeBlanc v. Andrieu, 852 So. 2d 1046 (La. Ct. App. 2003).
“Defendants also argue that there is no merit to the plaintiffs’ allegations that Andrieu was only acting in his capacity as a notary because according to LSA R.S. 35:2 a notary public may only “receive wills”, which would not include the drafting of the codicil.”
Fechtner v. Bice, 964 So. 2d 1055 (La. Ct. App. 2007).
“R.S. 35:2(A)(l)(b). In Dale v. Corriere, 537 So.”
— La. Rev. Stat. § 35:2(A)(1) — 1 case
Dale v. Carriere, 537 So. 2d 346 (La. Ct. App. 1988).
“It based this finding on LSA-R.S. 35:2(A)(1) which states as follows: *347 Notaries public have power within their several parishes .”
— La. Rev. Stat. § 35:2(A)(l)(b) — 1 case
Fechtner v. Bice, 964 So. 2d 1055 (La. Ct. App. 2007).
“R.S. 35:2(A)(l)(b). In Dale v. Corriere, 537 So.”
— La. Rev. Stat. § 35:2(B) — 2 cases
Taylor v. Broom, 526 So. 2d 1367 (La. Ct. App. 1988).
“R.S. 35:2(B); La.C.C.P. art. 287; La.R.S.”
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