§ 35:602 — Unlawful exercise of prior authorized or limited notarial powers; penalties

Louisiana § 35:602

• Jurisdiction: Louisiana
• Title 35: Notaries Public and Commissioners

Text

A. No person who has been duly appointed to the office of notary public or who has been otherwise authorized to exercise notarial functions in this state shall exercise any notarial function in this state during any period when:
(1) His commission or authority to exercise notarial functions is either:
(a) Statutorily or judicially suspended.
(b) Statutorily or administratively revoked.
(2) He is no longer validly commissioned in this state.
(3) He has elected to place his commission in retirement status under the provisions of R.S. 35:202(G).
(4) He is no longer validly possessed of the office or position from which his authority to exercise notarial functions was derived.
(5) He has been convicted of a felony and has not been pardoned.
(6) He is not authorized by law to exercise that particular notarial function.
B.(1) Any person who knowingly violates any provision of this Section shall be fined not more than one thousand dollars and shall be required to make full restitution for all costs required to authenticate, confirm, or ratify any instruments that fail to qualify as notarial acts due to the lack of proper authority of the notary or purported notary, including all costs of recordation and all damages each affected party may suffer.
(2) In addition to the penalties provided in Paragraph (1) of this Subsection, the person shall also be subject to a suspension or revocation of his commission and shall be subject to being permanently enjoined from exercising any notarial function in any capacity.

Legislative History

Acts 2008, No. 904, §2, eff. July 10, 2008.