HLS 11RS-602 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 257
BY REPRESENTATIVE JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
NOTARIES: Provides for ex officio financial institution notaries
AN ACT1
To enact R.S. 35:413, relative to ex officio notaries; to provide for ex officio financial2
institution notaries; to provide for definitions; to provide for qualifications; to3
provide for bond requirements; to provide for the authority of ex officio financial4
institution notaries; to provide for the promulgation of rules and regulations; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 35:413 is hereby enacted to read as follows: 8
ยง413. Ex officio financial institution notaries; requirements; limitations9
A.(1) Notwithstanding any provision of law to the contrary relative to10
qualifications for notaries public, each financial institution may designate up to three11
employees as ex officio financial institution notaries for each location of the12
financial institution or trust company.13
(2) The term "financial institution" as used in this Section shall mean and14
include a state or federally chartered bank, savings bank, savings and loan15
association, trust company, or a holding company, affiliate, or subsidiary of any such16
institution.17
B. Any financial institution employee being appointed as an ex officio18
financial institution notary pursuant to the provisions of this Section shall be subject19
to all of the following requirements:20 HLS 11RS-602 ORIGINAL
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(1) Register with the secretary of state as required by R.S. 35:191.3.1
(2) Meet the qualifications for ex officio notaries as provided in R.S. 35:391.2
(3) Complete fifteen hours of classroom or Internet-based study of the3
requirements and duties of serving as a notary. Certificates of completion of courses4
of study shall be submitted with the registration form to the secretary of state.5
(4) Fulfill the same bond requirement as provided in R.S. 35:391(6) and 392.6
C. Upon receiving the documentation required by Subsection B of this7
Section from an applicant, the secretary of state shall issue a notary identification8
number to the ex officio financial institution notary. All documents notarized by the9
ex officio financial institution notary shall contain the identification number and the10
name of the financial institution for which the ex officio financial institution notary11
is appointed. Separation from employment from the financial institution shall12
automatically terminate the powers of the ex officio financial institution notary.13
D.(1) An ex officio financial institution notary may exercise his limited14
notarial authority in any parish in the state. The authority of an ex officio financial15
institution notary is limited to executing any of the following:16
(a) Affidavits, acknowledgments, sworn statements, authentic acts, and17
acknowledging instruments under private signature, which are pertaining to or18
related directly or indirectly to the business of, or a transaction with, a financial19
institution.20
(b) Affidavits of fraud loss.21
(c) Payable on death affidavits.22
(d) Transfer of small deposit affidavits, pursuant to R.S. 6:315.1.23
(e) Surviving spouse affidavits pursuant to R.S. 9:1513.24
(f) Bills of sale conveying ownership for movable property, including titled25
motor vehicles, boats, and motors, where the bill of sale is executed in connection26
with a secured loan originated by the financial institution.27
(g) Promissory notes, including the paraph of a note with a mortgage or other28
documents providing collateral to the financial institution.29 HLS 11RS-602 ORIGINAL
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(h) Mortgages.1
(i) Security agreements.2
(j) Personal guaranties.3
(k) Documents that are required to be both notarized and filed by the4
financial institution with the secretary of state, the Office of Financial Institutions,5
the Federal Deposit Insurance Corporation, the office of comptroller of the currency,6
the Federal Reserve Board, or other governmental agency.7
(2) The authority of an ex officio financial institution notary shall also8
include the authority to certify true copies of any authentic act or any instrument9
under private signature passed before him or acknowledged before him, and to make10
and certify copies, by any method, of any certificate, research, resolution, survey, or11
other document annexed to the original of any authentic act passed before him, and12
may certify such copies as true copies of the original document attached to the13
original passed before him.14
(3) Ex officio financial institution notaries are prohibited from notarizing15
documents outside the scope of their employment and from drafting and notarizing16
testaments, express private trusts, small succession affidavits, and acts of sale or17
donation conveying ownership of immovable property.18
(4) All acts which are performed beyond the authority of an ex officio19
financial institution notary granted by this Section shall be null and void.20
E. The secretary of state may promulgate rules and regulations to provide for21
the application, appointment, and enforcement of regulations of ex officio financial22
institution notaries.23
Section 2. The provisions of this Act shall become effective on January 1, 2012.24 HLS 11RS-602 ORIGINAL
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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)]
Johnson HB No. 257
Abstract: Provides for ex officio financial institution notaries and their qualifications, bond
requirements, authority, and regulation.
Present law provides for the qualifications, testing, bonding, commissioning, and authority
of notaries public.
Present law provides for the qualifications, bonding, appointment, and limited authority of
ex officio notaries for various state and local government departments and offices.
Proposed law provides that each financial institution may designate up to three employees
as ex officio financial institution notaries for each location of the financial institution or trust
company.
Proposed law defines "financial institution" as a state or federally chartered bank, savings
bank, savings and loan association, trust company, or a holding company, affiliate, or
subsidiary of any such institution.
Proposed law requires that any financial institution employee appointed as an ex officio
financial institution notary shall (1) register with the secretary of state as required by R.S.
35:191.3; (2) meet the qualifications for ex officio notaries provided in R.S. 35:391 in order
to be appointed as an ex officio financial institution notary; (3) undergo 15 hours of
classroom or Internet-based study of the requirements and duties of serving as a notary; and
(4) fulfill the same bond requirement as provided in R.S. 35:391(6) and 392.
Proposed law provides that the secretary of state shall issue a notary identification number
to the ex officio financial institution notary, and provides that all documents notarized by the
ex officio financial institution notary shall contain the identification number and the name
of the financial institution for which the ex officio financial institution notary is appointed.
Proposed law provides that separation from employment from the financial institution shall
automatically terminate the powers of the appointed ex officio financial institution notary.
Proposed law authorizes an ex officio financial institution notary to exercise his limited
notarial authority in any parish in the state, but limits his notarial authority to executing
specified affidavits and other documents.
Proposed law authorizes an ex officio financial institution notary to certify true copies of any
authentic act or any instrument under private signature passed before him or acknowledged
before him, and to make and certify copies of any certificate, research, resolution, survey,
or other document annexed to the original of any authentic act passed before him, and to
certify such copies as true copies of the original document attached to the original passed
before him.
Proposed law prohibits ex officio financial institution notaries from notarizing documents
outside the scope of their employment, and from drafting and notarizing testaments, express
private trusts, small succession affidavits, and acts of sale or donation conveying ownership
of immovable property. HLS 11RS-602 ORIGINAL
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Proposed law provides that all acts which are performed beyond the authority of an ex
officio financial institution notary shall be null and void.
Proposed law authorizes the secretary of state to promulgate rules and regulations relative
to the application, appointment, and enforcement of regulations of ex officio financial
institution notaries.
Effective Jan. 1, 2012.
(Adds R.S. 35:413)