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 514 Engrossed 2019 Regular Session Garofalo
Abstract: Provides for recordation of tangible copies of electronic acts; allows for the performance
of notarial functions remotely through the use of technology; and provides for limitations,
qualifications, procedures, duties, and rulemaking relative to the performance of remote
online notarization.
Proposed law (C.C. Art. 3344 and R.S. 9:2760) allows for the recordation of tangible copies of
electronic acts.
Proposed law (R.S. 35:623) provides for the legal effect of remote online notarization.
Proposed law (R.S. 35:624) authorizes the secretary of state to adopt rules in order to
develop and maintain standards to implement proposed law.
Proposed law (R.S. 35:625) provides for the process and requirements necessary to become and
remain authorized to perform remote online notarizations, including the requirement that the
secretary of state may only authorize a regularly commissioned notary public who holds a valid
notarial commission in this state.
Proposed law (R.S. 35:626(A)) provides for the locations of the notary public, parties, and witnesses
to a remote online notarial act, requires the notary public to be physically located in a parish where
the notary is authorized to exercise the function of a notary public, and proposed law (R.S.
35:626(B)) provides for the location of a remote online notarial act.
Proposed law (R.S. 35:627(A)) provides procedures for a notary public to verify the identity of
parties and witnesses to a remote online notarial act.
Proposed law (R.S. 35:627(B)) requires a notary public performing remote online notarization to
include in a remote online notarial act a statement that it is a remote online notarial act and to
electronically and digitally sign the remote online notarial act.
Proposed law (R.S. 35:628) provides for duties of the notary public in performing remote online
notarization.
Proposed law (R.S. 35:629(A)) requires a notary public to maintain electronic copies and
audio-video recordings of each remote online notarization for at least ten years after the date of the
remote online notarization. Proposed law (R.S. 35:629(B)) allows a notary public to designate a custodian to maintain the
electronic records required by proposed law.
Proposed law (R.S. 35:630) prohibits contractual modification of the provisions of proposed law.
Effective Feb. 1, 2021.
(Amends C.C. Art. 3344(A)(intro. para.); Adds R.S. 9:2760 and R.S. 35:621-630) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Change the proposed law deadline for adoption of rules and the effective date of the Act
from Aug. 1, 2020, to Feb. 1, 2021.
2. Specify that only regularly commissioned notaries may be authorized by the secretary of
state to perform remote online notarization.
3. Require the notary public to be physically located in a parish where the notary is
authorized to exercise the function of a notary public.