Louisiana Notary Chapter 7 - Office of Notary Public with Complete Solutions!

What is the term of office for a notary public? - ANSWER-The commission is issued without expiration and is in force and effect for as long as notary remains qualified What crimes can a notary public be prosecuted for official misconduct? - ANSWER-Malfeasance in office Bribery or corrupt influence Injuring public records Filing false public records Forgery Unauthorized exercise of notarial powers When will a notary's commission be suspended by operation of law? - ANSWER-Failure to maintain bond Failure to timely file annual report For an attorney - disbarred or suspended from the practice of law When can a notary be removed from office? - ANSWER-The governor may remove a notary from office or when convicted of a felony, by prosecution of a removal suit brought by the district attorney - In Orleans Parish, by a commission revocation process; Impeachment by the Louisiana House of Reps and conviction by La. State Senate What are the general powers of a notary public? - ANSWER-Family meetings/meetings of creditors (outdated) Jurisdictional limit of the entire state after 2005 (not commission); Parish groups What does it mean to have parish reciprocity? - ANSWER-There is a certain reciprocity given to parish groups. (6 parishes are not included in any parish group) This means that an "old school" notary could be commissioned in Caddo Parish and have "reciprocity" (can notarize) in Bossier, Cado, Bienville, Claiborne, Desoto and Webster parishes. Explain a notary's duty to record/register instruments involving immovable property. - ANSWER-Louisiana R.S. 35:199 imposes a duty on a notary to record all acts affecting immovable property. In all parishes, except Orleans, the notary has 15 days. What other directives do notaries have other than recordation? - ANSWER-Failure to act in accordance with these directives may not invalidate the act, but could expose the notary to liability and suspension for "just cause." 1. Notifying the secretary of state withing 60 days of a change of mailing address, residential address or both. La. R.S. 35:191.3 What is the appointment process for becoming a notary? - ANSWER-Secretary of State's office oversees the application process. Once the S of S has qualified the applicant, the governor makes the appointment; Judicial: During the application process,app can be submitted to the district court of the applicant's residence for judicial review and approval. If the judge determines that the applicant is fit, then she issues a