HLS 15RS-1134 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 422
BY REPRESENTATIVE GAROFALO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
NOTARIES: Provides relative to affidavits of corrections
1 AN ACT
2To amend and reenact R.S. 35:2.1(A)(1), relative to affidavits of corrections; to provide
3 relative to the filing of affidavits of corrections; to provide for the applicability to
4 certain acts affecting movable or immovable property; to authorize certain persons
5 to execute affidavits of corrections; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 35:2.1(A)(1) is hereby amended and reenacted to read as follows:
8 ยง2.1. Affidavit of corrections
9 A.(1) A Any clerical error in a notarial act or deed affecting movable or
10 immovable property or any other rights, corporeal or incorporeal, including but not
11 limited to acts of sale, donations, encumbrances, sheriff's deeds, and sales by public
12 bodies, may be corrected by an act of correction executed by any of the following:
13 (a) The person who was the notary or one of the notaries before whom the
14 act was passed.
15 (b) The notary who actually prepared the act containing the error.
16 (c) In the event the person defined in Subparagraphs (a) or (b) of this
17 Paragraph is deceased, incapacitated, or whose whereabouts are unknown, then by
18 a Louisiana attorney or notary who has possession of the records of that person,
19 which records contain information to support the correction.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1134 ORIGINAL
HB NO. 422
1 (d) Any attorney or notary who certifies that he has inspected and examined
2 the public records and any other relevant factual information affecting the property
3 and states that the records contain obvious and apparent clerical errors and who
4 itemizes and sets forth by specific reference the documents evidencing the errors.
5 * * *
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)]
HB 422 Original 2015 Regular Session Garofalo
Abstract: Authorizes any attorney or notary who examines the public records and states
that the records contain obvious and apparent clerical errors to execute an affidavit
of corrections.
Present law provides that a clerical error in a notarial act affecting movable or immovable
property or any other rights may be corrected by an act of correction executed by person who
was the notary before whom the act was passed, the notary who actually prepared the act
containing the error, or if either are dead or incapacitated, a notary who has possession of
the records of that person.
Proposed law specifies extends present law to deeds affecting movable or immovable
property such as acts of sale, donations, encumbrances and sales by public bodies.
Proposed law provides that an attorney, in addition to a notary, in possession of the records,
and that any attorney or notary who certifies that he has examined the public records and
who states that the records contain obvious and apparent clerical errors may execute the
affidavit of corrections.
(Amends R.S. 35:2.1(A)(1))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.