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Applicable Law
Statutes: Lousiana enacted remote online notarization statutes effective February 1, 2022, in Act. No. 254 of 2020, and codified in the Lousiana Revised Statutes Title 35, Chapter 10 (Sections 621-630).
Administrative Rules: Rules implementing the new remote online notarization statutes may be found in the Lousiana Administrative Code Title 46, Part XLVI, Chapter 1 (Section 144).
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Provided.
“The Secretary of State shall maintain a registry of identity-proofing, credential-analysis, and communication providers who have certified by affidavit that their technologies meet the minimum requirements set forth in Subsections C and D of this Section” (LAC 46:XLVI.144.F). This list is found at https://www.sos.la.gov/NotaryAndCertifications/BecomeARONNotary/TechnologyProviders/Pages/default.aspx.
Legality of Remote Notarial Acts: “Except as otherwise provided in Subsections B and C of this Section, a remote online notarial act that meets the requirements of R.S. 35:625 through 627 satisfies any requirement that a party appear before a notary public at the time of the execution of the instrument. In all other respects, a remote online notarial act shall comply with other applicable laws governing the manner of the execution of that act” (RS 35:623.A.)
Prohibited Documents: “The following instruments shall not be executed by remote online notarization:
“(1) Testaments or codicils thereto.
“(2) Trust instruments or acknowledgments thereof.
“(3) Donations inter vivos.
“(4) Matrimonial agreements or acknowledgments thereof.
“(5) Acts modifying, waiving, or extinguishing an obligation of final spousal support or acknowledgments thereof” (RS 35:623.B).Authentic Acts Prohibited: Remote online notarization may not be used to execute an authentic act as defined in Civil Code Article 1833. Except as otherwise provided in Subsection B of this Section, an act that fails to be authentic as a result of being executed by remote online notarization may still be valid as an act under private signature or an acknowledged act” (RS 35:623.C).
Location of Notary, Parties, Witnesses, and Notarial Act: “A notary public physically located in any parish of this state in which the notary has the power to exercise the function of a notary public may perform a remote online notarization for a party who is not in the physical presence of the notary and who may be located in or outside this state. A witness to a remote online notarial act shall be in the physical presence of the party” (RS 35:626.A).
Location of Remote Notarial Act: “A remote online notarial act is deemed to be executed in any parish of this state where the notary public is physically located at the time of the remote online notarization if the notary public has jurisdiction in that parish” (RS 35:626.B).
Action on Contract: “An action on a contract that is a remote online notarial act may be brought in any parish in which a party was physically located at the time of the remote online notarization” (RS 35:626.C).
Communication Technology Requirements: “Communication technology systems used to perform remote online notarization to do each of the following:
“1. provide sufficient video resolution and audio clarity to enable the notary public, the party, and any witness to engage in substantially simultaneous communication by sight and sound;
“2. provide sufficient captured-image resolution for credential analysis to be performed in accordance with Paragraph D.2 of this Section;
“3. include a communication encryption protocol and means of authentication that reasonably ensures that only the parties, participating witnesses, and notary public have access to the audio-video communication;
“4. ensure that the electronic record that is presented for remote online notarization is the same record electronically signed by the party;
“5. create and store or transmit securely to be stored an electronic recording of the audio-video communication, keeping confidential the questions asked as part of any identity-proofing process and the means and methods used to generate the credential analysis output; and
“6. prevent unauthorized access to all of the following:
“a. the live transmission of the audio-video communication;
“b. any recording of the audio-video communication being stored or being transmitted by the communication technology;
“c. the verification methods and credentials used to verify the indemnity of the party; and
“d. the instrument presented for electronic notarization.
“7. provide for the notary public to maintain in the notary’s records a copy of the remote online notarial act;
“8. provide the notary public a method of generating a paper copy of the remote notarial act;
“9. provide the notary public a detailed audit record of the remote online notarization;
“10. provide a means by which the notary public is able to add a statement to any document being notarized that the act is a remote notarial act;
“11. provide a mean by which the notary public is able to attach the notary public’s electronic signature and insert the notary public’s identifying information into the remote online notarial act;
“12. provide a means by which each party and each witness can attach such person’s electronic signature; and
“13” provide a means by which the notary public can digitally sign the remote online notarial act in a manner that renders any subsequent change or modification of the remote online notarial act to be evident” (LAC 46:XLVI.144.E).Secure Authentication of Remote Notarial Act: “The notary public shall take reasonable steps to ensure … [t]he communication technology used in the performance of a remote online notarization is secure from unauthorized interception” (RS 35:628.1).
Confirmation of Record: “The notary public shall take reasonable steps to ensure … [t]he electronic record before the notary public is the same electronic record in which the party made a statement or on which the party executed or adopted an electronic signature” (RS 35:628.2).
Record of Remote Notarial Act: For the requirement that Notaries maintain records of remote notarial acts, see “Records of Notarial Acts,” below.
No Duty to Investigate
No attorney, title insurer, title insurance producer, title insurance agency producer, lender, mortgage servicer, notary public, real estate agent, real estate broker, seller, or lessor, or any of their directors, officers, or employees shall have a duty to make any investigation as to whether a party to a transaction involving immovable property is a foreign adversary or prohibited foreign actor, nor shall any such person be liable for failing to identify that a party to a transaction involving immovable property is a foreign adversary or prohibited foreign actor” (RS 35:3619).
CERTIFICATE OF NOTARIAL ACT
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