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Spring 2008 |
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Legislation of
Interest - Another second-class notary bill: Sen McPherson wants
a signature-witness notary because notaries in his parish can't pass
notary exam. Karen St. Germain revives Fannin 2006
bill to eliminating need for notary authentication on auto titles. |
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Fall 2007 |
Special
Report Follow-up: False notary charged with 15 counts of theft
from attorney-employers
Recent Cases of Interest - Notary sued over invalid testament.
State
Agency Updates - Board of Regents licenses notary course; LSU
and LCTCS seek to provide statewide notary course and instructor
training.
Association News - PCLNA and LNA draft legislation to provide
penalties for the unauthorized exercise of notarial functions; LNA
adopts civil law notary code of ethics and professionalism |
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Summer 2007 |
Legislation of
Interest - 2007 Regular session legislative report.
State
Agency Updates - Senate committee removes notary from consent
list. Notary's appointment terminated. New edition of study guide
scheduled for publication.
Questions and Answers - Questions from readers. |
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Spring 2007 |
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State
Agency Updates - The man who sits behind Huey Long's desk.
Recent Cases of Interest - Concepts: Novation
Questions and Answers - Questions from readers.
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Fall 2006 |
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Special
Report: Attorney general investigates false notary - Employee
of private law firm of district attorney (partner) falsely
represents self as notary; DA (partner) notified but employee
continues practice for over a year until evidence of her criminal
history surfaces. No crime to falsely represent oneself as a notary.
Questions and Answers - Affidavits signed outside presence of
notary; Conveyance of titled movable to minor; Preparing special
need affidavit; Provisional Custody Mandate vs. Non-legal
custodianship affidavits; Estate-planning documents.
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Summer 2006 |
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Legislation
of Interest - Notary's duty to record acts; Statewide
jurisdiction opportunity for non-attorneys; Leaves of absence;
Katrina/Rita displaced notaries; Commission validity; Internet and
e-mail filings with secretary of state; Conversion of business
entity type; Small successions; Corporate dissolution.
Recent Cases of Interest - Bond for deed problems
Questions and Answers - Notaries as paralegals; Mineral lease
acknowledgments.
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Spring 2006 |
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Legislation
of Interest - Revision of recordation and registry laws [Acts
169 (2005)] effective July 1, 2006.
Forms - New mortgage cancellation forms under Act 169 (2005).
Questions and Answers - Why bother with statutory requirements
for documents when document is valid regardless of whether you
comply?
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Winter 2006 |
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Legislation
of Interest - Revisions to laws of registry; Reciprocal parish
change; Paternity acknowledgments; Clerk-of-court notary powers;
Video testaments
Forms - Non-legal custodians
Questions and Answers - Stamped disclaimers; Signing in
reciprocal parishes; Affidavits and witness acknowledgments
State Agency Updates - Notary authority in parish of temporary
residence
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Spring 2005
Special Report--Part II
The Office of Notary Public in Louisiana 2005 |
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IV.
Commission Status: Maintaining bond or insurance; Special rules
for Orleans Parish; de Facto Doctrine; Annual Reports; Leave of
absence; Retired Notaries
V. Procedures for Appointment: Qualifications; Requirements for
appointment; Qualifying examinations waivers; Bonds; Insurance; Dual
commissions
VI. Miscellaneous Information: Fees, Seal, Identification of
parties, Liability, causes of action, no duty to inspect
instruments, Unauthorized practice of law
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Fall 2004
Special Report--Part I
The Office of Notary Public in Louisiana 2005 |
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I.
The Notary as a Public Official: Independent public function;
Nature of fees as public funds, taxes on fees, occupational
licenses; Official Misconduct; Crimes; Suspension/Removal from
office
II. Notary Powers: General and enumerated powers; Powers of
notaries connected with banks and corporations; Jurisdictional
limits
III. Duties of Office: Recordation and registry; Notaries in
Orleans Parish; Statutory directives.
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Summer 2004 |
Legislation
of Interest -
Consequences of failing to file annual report. Optional inactive
status for notaries age 70. New laws on notary liability.
Clerks of Court notary powers. Consequences of failing to properly
identify notary and parties. Name usage on notarial instruments.
Signature requirements for proper acknowledgments. Bond requirements
and insurance options. New procedures for notary exams. Donations in
contemplation of marriage. Witnesses to testaments. New rules for
social security numbers in acts. New seller disclosure requirements.
Procedures for canceling mortgages. Who can be a trustee?
Questions and Answers - Notary authority of clerks of court and
deputies. Malfeasance in Office
State Agency Updates - OMV in-house notaries. Secretary of State
contracts with LSU for notary examinations. 19th JDC takes bold step
to assure notaries in parish are competent. |
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Spring 2004 |
Legislation
of Interest -
New peremptive period for suits for notary malpractice. Final adjustments to new
notary laws. Revocation process simplified. Inactive status for
notaries 70 years of age or older wishing to retire from active
status, but maintain their commission.
Recent Cases of Interest - New twist on old doctrine: When is a
notary not a notary?
State Agency Updates - Secretary of State moves forward with
new notary candidate examination program. Office of Motor Vehicles
seeks to provide free notary service at field offices.
Questions and Answers - Notarizing documents for your family
or business; Notarizing copies; Simple wills (What are they,
anyway?) |
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November
2003
TWENTIETH ANNIVERSARY ISSUE |
Legislative
Updates -
Problems with new notary bond law; Additional exclusions for
testaments to witnesses. Correction in July report on effective date
for notaries to use ID numbers; Big problems with new law defining
forced heirs.
Recent Cases of Interest - Malpractice liability, practice of
law, and prescription for negligence in drafting notarial acts;
Attestation clauses and substantial conformity with statutory
models.
State Agency Updates - Secretary of State mails first annual
reports; Important information for attorneys.
Questions and Answers - Small successions; Out-of-state
lenders' mortgage packages
Insurance Update - E&O Insurance underwriter changes
marketing policy after new law passed- Legislator says company
"sucker-punched" notaries.
Twentieth Anniversary Issue Special Supplement - Selections
from archives of past issues. |
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Regular Issue -
July 2003 |
Legislation of Interest - Major changes in Title 35:
Notary ID numbers; Notaries to file annual reports; Notary testing
standardized statewide; New signature requirements on recorded
documents; Strict limitations on ex officio powers; Notary
bond requirements increased; Insurance options.
Other changes: New requirements for authentic act. Trust code
changes. Corporation law changes. New special drivers' licenses NOT
form of identification. Presumption of equal portions for ownership
in indivision. Permissible surnames.
Questions and Answers - Notary bonds, E&O Insurance, and
Act 926 of the 2003 legislature. Coverage options, premiums, and
contacts.
State Agency Updates - 19th Judicial District Court to appoint
parish notary policy & procedures study committee. Secretary of
State notary division website updated with FAQ.
Recent
Cases of Interest -
Louisiana Supreme
Court denies writs in donation invalidation case. Donation stands as
invalid because of defect of form re:
signature order. Supplemental information: Following the express
requirements for form. |
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Regular Issue -
March 2003 |
Recent
Cases of Interest - Act of donation invalidated because of
signature order; Olographic testament invalidated in case decided by
La. Supreme Court.
Legislation Filed - HB 855 Notary Regulatory Board; HB 738
Limitation on non-attorney notary powers. HB 737 seeks increase in
notary bond requirement.
State Agency Updates - Fee increases
Questions and Answers - Liens on Vehicles; Requirements for
security agreements; Proper form for mandates; OMV requirements for
duplicate title. |
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Special Issue -
January 2003 |
| Report of Secretary
of State to the Legislature - HCR 81 Notary Study Committee
completes work - Secretary of State reports and makes
recommendations to legislature. |
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Louisiana
Notary - The Notary's Newsletter since 1983
C. Alan Jennings, Managing Editor
PO Box 67041
Baton Rouge, LA 70896
225-923-3300 |
