Legislation
State: Louisiana
Signed: May 19, 2016
Effective: August 01, 2016
Chapter: Act No. 116
SummaryHouse Bill 456 clarifies that a nonattorney Notary may have his or her commission suspended or revoked for officially certifying as true what the Notary knew or should have known was false. It also gives the Secretary of State the option of contacting the Attorney General or district attorney of revocation proceedings against a Notary who has been convicted of a felony or failed to be registered as a voter in the Notary's parish.
AffectsAmends Section 35:15(A)(4) and 16(B) and (C) of the Louisiana Revised Statutes.
Changes - Clarifies that a Notary who is not an attorney may have his or her commission revoked or suspended for officially certifying as true what the Notary knew or should have known was false.
- Requires a notice of revocation of a Notary commission for failure to register as a voter in the parish of commissioning and for the conviction of a felony to be reported to the Attorney General or the district attorney of the parish in which the Notary is commissioned.
AnalysisHouse Bill 456 makes two changes to Louisiana law. First, it clarifies that a Notary who is not an attorney may have his or her commission revoked or suspended for "officially" certifying as true what he or she knew or should have known was false. The new law adds the word "officially" to the statute. Second, the new law clarifies the notification requirement in the event a Notary is suspended for being convicted of a felony or for failing to be registered as a voter in the parish of commission and the Notary subsequently fails to register as a voter. Current law requires the Secretary of State to notify the district attorney of the parish in which the Notary is commissioned for the purpose of instituting a rule to show cause to revoke the Notary's commission. The new law allows the Secretary to notify the Attorney General or the district attorney in each of these situations.
Read House Bill 456.