A Louisiana Notary is usually asked to perform some notarial function with regard to a written document, instrument, or agreement which will be already prepared, will be prepared by the notary, or caused to be prepared by the notary. Such written instruments are referred to as juridical acts or acts, in general, but are known by particular kinds of acts.
Acts are REQUIRED to include:
The names of the parties, capacities, mailing and/or municipal address, tax identification numbers and the marital status (and for some you a marital history) of each party;
Causes, stipulations, covenants, rights and obligations of the parties; any consideration, and other terms and conditions of the particular contract or transaction.
At the conclusion of the Act is the signature portion. The signatures of each party must appear on the instrument in the proper place (LaApp. 1 Cir.1962). If the party is unable to write his name, a mark may be made and affixed to the writing and the mark is his true signature. (La.C.C. art. 1833).
JURIDICAL ACTS
There are 3 kinds of juridical acts recognized in the Louisiana Civil Code:
1) Act under private signature, which is an instrument in writing signed privately by the parties. (La. C.C. art. 837).
2. Authentic act, which is an instrument in writing executed in the presence to two witnesses and a notary. (La. C.C. art. 1833).
3. Acknowledged act, which is an instrument in writing signed in the presence of two witness which act is then acknowledged by the parties, or a subscribing witness (as the case may be), before a notary and two witnesses. (La. C.C. art. 1836).
WITNESSES:
All persons of the age of understanding are competent to witness a juridical act. The law expressly prohibits the following persons from being witness to a last will and testament:
1. Children under the age of 16 years.
2. Insane persons.
3. Person who are deaf.
4. Persons who are blind.
5. Persons whom the criminal laws declare incapable of exercising civil functions
La. C.C. art. 1591 and 1592.
Neither the parties to an act nor the notary are considered witnesses to the act.
Examples of Juridical Acts include but are not limited to: Affidavits, Bills of Sale, and Acknowledgements.