HLS 10RS-503 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 357
BY REPRESENTATIVE GALLOT
NOTARIES: Provides relative to notary commissions for nonresident persons licensed to
practice law in La.
AN ACT1
To enact R.S. 35:412, relative to notaries public; to provide for the appointment of certain2
persons licensed to practice law in Louisiana as notaries public ex officio; to provide3
for statewide authority; to require bond or insurance; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 35:412 is hereby enacted to read as follows:7
§412. Ex officio notaries; non-resident persons licensed to practice law with offices8
in this state9
A. A person licensed to practice law in this state who is not a resident of this10
state but who maintains an office for the practice of law in this state, shall be a11
notary public ex officio and is authorized and empowered to exercise all the powers12
and functions of a regularly commissioned notary public in this state in any parish13
in this state upon filing a certificate of good standing from the Louisiana Supreme14
Court with the secretary of state.15
B. No person qualified under this Section shall be required to otherwise16
qualify for, or hold, a regular commission as notary public to exercise such powers;17
however, the notary public ex officio shall furnish his current office address and18
residence address to the secretary of state as the registrar of notaries for the state.19 HLS 10RS-503 REENGROSSED
HB NO. 357
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. Notwithstanding any provision of law to the contrary, any person1
exercising notarial functions pursuant to this Section is authorized to use the2
designation “notary public” with respect to the exercise of his powers, and shall be3
required to post bond or maintain insurance as required by the provisions of R.S.4
35:71.5
D. A notary public ex officio exercising notarial functions as authorized by6
the provisions of this Section may charge fees for notary services commensurate with7
the reasonable and customary fees for notarial services in the parish or parishes8
where the notary public ex officio maintains his office.9
E. Any exercise of notarial powers pursuant to the provisions of this Section10
shall be deemed the practice of law for purposes of regulation by the Louisiana11
Supreme Court.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Gallot HB No. 357
Abstract: Provides that any person who is not a resident of this state but who is licensed
to practice law in this state and maintains an office in this state may be appointed a
notary public ex officio.
Present law provides that any person may be appointed a notary public in and for the parish
in which he resides in and for any one other parish in which he maintains an office, provided
that he: (1) is a resident citizen or alien of this state; (2) is 18 years of age or older; (3)
reads, writes, speaks, and is sufficiently knowledgeable of the English language; (4) is not
under interdiction or incapable of serving as a notary because of mental infirmity; and (5)
meets the requirements established by law for each commission sought.
Present law requires a resident seeking appointment as a notary to be a registered voter of
his parish of residence.
Proposed law provides that a person licensed to practice law in this state who is not a
resident of this state but who maintains an office for the practice of law in this state, shall
be a notary public ex officio and is authorized and empowered to exercise all the powers and
functions of a regularly commissioned notary public in this state in any parish in this state
upon filing a certificate of good standing from the La. Supreme Court with the secretary of
state.
Proposed law provides that no person qualified under proposed law shall be required to
otherwise qualify for, or hold, a regular commission as notary public to exercise such
powers; proposed law also provides that the notary public ex officio shall furnish his current HLS 10RS-503 REENGROSSED
HB NO. 357
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
office address and residence address to the secretary of state as the registrar of notaries for
the state.
Proposed law provides that notwithstanding any provision of law to the contrary, any person
exercising notarial functions pursuant to proposed law is authorized to use the designation
“notary public” with respect to the exercise of his powers, and shall be required to post bond
or maintain insurance as required by the provisions of R.S. 35:71.
Proposed law provides that a notary public ex officio exercising notarial functions as
authorized by the provisions of proposed law may charge fees for notary services
commensurate with the reasonable and customary fees for notarial services in the parish or
parishes where the notary public ex officio maintains his office.
Proposed law provides that any exercise of notarial powers pursuant to the provisions of
proposed law shall be deemed the practice of law for purposes of regulation by the La.
Supreme Court.
(Adds R.S. 35:412)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Deleted all provisions of proposed law.
2. Added provision appointing any nonresident attorney licensed to practice law
and maintaining an office for the practice of law in this state as a notary public
ex officio.
3. Added provisions relative to additional qualifications and requirement to obtain
a bond or insurance.
4. Added provision authorizing the notary public ex officio to charge fees for
services.
5. Added provision authorizing the La. Supreme Court to regulate the practices of
the notary public ex officio.