Louisiana Revised Statutes 35:623 – Legal recognition of remote online notarial acts
Terms Used In Louisiana Revised Statutes 35:623
- Inter vivos: Transfer of property from one living person to another living person.
- 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.
A. Except as otherwise provided in Subsections B and C of this Section, a remote online notarial act that meets the requirements of La. Rev. Stat. 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.
B. The following instruments shall not be executed by remote online notarization:
(1) Testaments or codicils thereto.
(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.
C. Remote online notarization may not be used to execute an authentic act as defined in Civil Code Article 1833. Except as otherwise provided in Subsection B of this Section, 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.
D. This Chapter supplements and does not repeal, supersede, or limit the provisions of the Louisiana Uniform Electronic Transactions Act, La. Rev. Stat. 9:2601 et seq.
Acts 2020, No. 254, §4, see Act.