Louisiana Code of Civil Procedure 2636 – Authentic evidence
Terms Used In Louisiana Code of Civil Procedure 2636
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
The following documentary evidence shall be deemed to be authentic for purposes of executory process:
(1) The note, bond, or other instrument evidencing the obligation secured by the mortgage, security agreement, or privilege, paraphed for identification with the act of mortgage or privilege by the notary or other officer before whom it is executed, with the exception that a paraph is not necessary in connection with a note secured by a security agreement subject to Chapter 9 of the Uniform Commercial Code or a copy of the note, bond, or other instrument evidencing the obligation certified as such by the notary before whom the act of mortgage, security agreement, or privilege was executed.
(2) A certified copy or a duplicate original of an authentic act.
(3) A certified copy of any judgment, judicial letters, or order of court.
(4) A copy of a resolution of the board of directors, or other governing board of a corporation, authorizing or ratifying the execution of a mortgage on its property, certified in accordance with the provisions of La. Rev. Stat. 13:4103.
(5)(a) A security agreement subject to Chapter 9 of the Uniform Commercial Code, which need not be executed or acknowledged before a notary.
(b) A reproduction of a security agreement described in Subsubparagraph (a) of this Subparagraph or a reproduction of a single writing that evidences both an obligation to pay and a security agreement described in Subsubparagraph (a) of this Subparagraph, that is certified by a representative of a financial institution in the manner provided for in La. Rev. Stat. 13:3733.1(E).
(6) A certified copy of the limited liability company’s articles of organization filed with the secretary of state or a written consent or extract of minutes of a meeting of the persons specified in La. Rev. Stat. 13:4103.1, in each case authorizing or ratifying the execution of an act of mortgage on its property and in the form required by La. Rev. Stat. 13:4103.1, certified as provided in La. Rev. Stat. 12:1317(C).
(7) A certified copy of the contract of partnership authorizing the execution of an act of mortgage filed for registry with the secretary of state.
(8) All other documentary evidence recognized by law as authentic evidence, including La. Rev. Stat. 9:5555, La. Rev. Stat. 10:9-629, and La. Rev. Stat. 13:3733.1 and 3733.2.
(9) A promissory note or other evidence of indebtedness evidencing the obligation secured by the mortgage, security agreement or privilege, containing an electronic signature in accordance with the Louisiana Uniform Electronic Transactions Act, La. Rev. Stat. 9:2601 et seq. and accompanied by a certification in accordance with La. Rev. Stat. 13:3733.2.
Amended by Acts 1982, No. 177, §1; Acts 1982, No. 185, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 1993, No. 475, §2, eff. June 9, 1993; Acts 2003, No. 1072, §1; Acts 2011, No. 90, §1; Acts 2012, No. 505, §2; Acts 2014, No. 440, §3, eff. July 1, 2014; Acts 2015, No. 84, §1.