Louisiana’s notary system is one of the most distinct in the country, with the state requiring applicants to pass a rigorous state-administered exam. Unlike most states, Louisiana notaries have broader authority and can draft certain legal documents without requiring a law degree. The state also allows both residents and non-residents working in Louisiana to apply for a commission. This guide will help you navigate Louisiana’s specific notary requirements and assist with both the application and renewal processes.
1. Requirements to Become a Notary in Louisiana
Becoming a notary public in Louisiana involves more stringent requirements than many other states due to the expanded role of notaries. Here's how to get started:
Eligibility Criteria
Before you begin the application process, ensure you meet the following criteria:
- You must be at least 18 years old.
- You must be a resident of Louisiana or a non-resident who is employed within the state.
- You must be able to read, write, and speak English.
- You cannot have any felony convictions unless your rights have been restored.
- You must be registered to vote in the parish where you plan to apply for a notary commission.
Step 1: Complete the Notary Application
In Louisiana, you must complete a notary application through the Louisiana Secretary of State’s office. The application will include your personal details, proof of residency or employment, and your voter registration information.
Step 2: Pass the State Notary Exam
Louisiana requires applicants to pass a state-administered notary exam. This exam is considered one of the most challenging in the country and covers various legal principles, including drafting documents and handling notarizations. You may choose to take an optional notary preparatory course to help with exam preparation.
Step 3: Obtain a Surety Bond
Once you pass the exam, you must obtain a surety bond of $10,000. This bond protects the public from any errors or misconduct that may occur during the performance of your notarial duties.
Step 4: Submit Your Application and Bond
Submit your completed application, proof of passing the exam, and your surety bond to the Louisiana Secretary of State’s office.
Step 5: Pay the Application Fees
The fee for becoming a notary in Louisiana is $35, which must be submitted with your application.
Step 6: Purchase Your Notary Seal
Once your application is approved, you will need to purchase a notary seal that meets Louisiana’s legal requirements. The seal must include your name, the words "Notary Public," "State of Louisiana," and your commission expiration date.
Step 7: Receive Your Commission Certificate
After completing all the steps, including filing your bond and purchasing your seal, you will receive your commission certificate from the Louisiana Secretary of State, confirming your official status as a notary public.
Frequently Asked Questions (FAQ) For New Notaries
1. How long does it take to become a notary in Louisiana?
The processing time can vary but generally takes several weeks, depending on how quickly you pass the state-administered exam and complete the necessary steps.
2. Where do I submit my notary application in Louisiana?
Applications must be submitted to the Louisiana Secretary of State’s office. Some portions of the application may be completed online, while others must be mailed in.
3. What happens if I fail the notary exam?
If you fail the notary exam, you can retake it. The state offers the exam multiple times each year, and you can continue retaking it until you pass.
4. Do I need to maintain a notary journal in Louisiana?
Louisiana does not legally require notaries to maintain a journal, but it is highly recommended. A journal can help protect you from liability and serve as a record of your work.
2. Requirements for Notary License Renewal in Louisiana
In Louisiana, notary commissions are lifetime appointments, meaning you do not need to renew your license as long as you continue to meet the state's requirements. However, you must maintain your bond and stay in good standing to retain your notarial authority. Here’s what you need to know:
Step 1: Maintain Your Surety Bond
You must maintain your $10,000 surety bond for as long as you hold your notary commission. If your bond lapses, you could lose your notarial authority.
Step 2: Stay Updated on Notary Laws
Even though there is no renewal process, it’s important to stay up-to-date on any changes to Louisiana’s notary laws. Continuing education or regular review of legal updates can help you remain compliant.
Step 3: Keep Your Notary Seal Updated
If your notary seal becomes worn or no longer meets the legal requirements, you must replace it to continue performing notarizations.
Frequently Asked Questions (FAQ) For Notaries in Louisiana
1. Can I lose my notary commission in Louisiana?
Yes, you can lose your commission if you fail to maintain your surety bond, commit notarial misconduct, or violate any state notary laws. If this occurs, you may need to go through the reapplication process.
2. Can I perform remote notarizations in Louisiana?
Yes, Louisiana allows for remote online notarization (RON). You must register with the state and use approved technology platforms that comply with Louisiana’s remote notarization requirements.
3. What fees can I charge for notarial services in Louisiana?
Louisiana allows notaries to charge reasonable fees for their services, which should be agreed upon with the client in advance.
4. What should I do if my notary seal or journal is lost or stolen?
If your notary seal or journal is lost or stolen, you must notify the Louisiana Secretary of State immediately. You will need to order a replacement seal and, if applicable, report any missing journal entries.