Louisiana authorizes notaries to perform online notarizations pursuant to La. Rev. Stat. Ann. §§ 35:621 et seq.
Pursuant to La. Rev. Stat. Ann. §623, except as otherwise provided in Subsections B and C, a remote online notarial act that meets the requirements of R.S. 35:625 through 627 satisfies any requirement that a party appear before a notary public at the time of the execution of the instrument. In all other respects, a remote online notarial act shall comply with other applicable laws governing the manner of the execution of that act.
Under subsection B of 623, the following instruments cannot be executed by remote online notarization (1) Testaments or codicils to testaments; (2) Trust instruments or acknowledgments thereof; (3) Donations inter vivos; (4) Matrimonial agreements or acknowledgments thereof; (5) Acts modifying, waiving, or extinguishing an obligation of final spousal support or acknowledgments thereof.
Under subsection C of 623, Authentic Acts may not be executed by remote online notarization. However, an act that fails to be authentic as a result of being executed by remote online notarization may still be valid as an act under private signature or an acknowledged act.
In addition, Louisiana recognizes online notarizations that are properly performed by notaries of other states. The applicable interstate recognition laws in Louisiana are La. Rev. Stat. Ann. §§ 35:5, 35:6, & 35:513.
Electronic Notarization vs. Remote Online Notarization
Previously, Louisiana notary publics were authorized to notarize a document electronically which means, instead of an ink signature, the document may use an electronic signature. However, the notary, the signer, and any witnesses must still be face-to-face in person.
RON, now authorized in Louisiana, allows for notaries to notarize documents for signers who are not physically present with them, but are present through audio-visual technology.
If you are in need or interested in remote online notarization, contact RON Certified attorney Leon Roy IV of Roy Law today.