Last updated: February 19, 2026. Educational content only. Always verify current law text before legal use.
Louisiana Authentic Act: Direct Definition
Under Louisiana Civil Code Article 1833, an authentic act is a writing executed:
- before a notary public (or other authorized officer),
- in the presence of two witnesses, and
- signed by each executing party, each witness, and each notary before whom executed.
Article 1833 also addresses typed/printed name placement and situations where a party signs by mark.
Required Formalities Checklist (Exam-Ready)
For exam purposes, test every authentic-act question against these elements:
- Proper officer (notary or authorized officer)
- Two witnesses present for execution
- Required signatures by parties, witnesses, and notary
- Signature mechanics handled correctly if a party cannot sign normally
If any required element fails, authenticity can fail.
Private Signature vs Authentic Act
| Topic | Authentic Act | Act Under Private Signature |
|---|---|---|
| Governing article | CC 1833 | CC 1837 (and related) |
| Witness requirement | Two witnesses required | No two-witness authentic-act formality |
| Officer requirement | Notary/authorized officer required | Not required for basic private-signature act |
| Evidentiary strength | "Full proof" effects under CC 1835 | Different evidentiary posture unless acknowledged/proven |
This distinction is one of the most tested Louisiana notary topics.
Why Authentic Act Status Matters (Enforceability/Evidence)
CC 1835 states an authentic act constitutes full proof of the agreement it contains as against the parties and their successors. That evidentiary effect is a major reason exam questions emphasize proper form.
Common Exam Traps
- Confusing "acknowledged" private-signature acts with authentic acts.
- Forgetting the two-witness requirement in authentic acts.
- Assuming one notary signature cures missing party/witness execution defects.
- Misreading who must sign when execution occurs at different times/places.
- Ignoring CC 1833(C) mark-signature rule when a party cannot sign name.
Practical Examples
Example A: Valid authentic act pattern
- Two witnesses present
- Party executes before notary
- All required signatures captured correctly
Example B: Likely not authentic
- Notarized document but only one witness
- Or party signature not properly executed under article requirements
Example C: Private-signature document
- Signed by parties without authentic-act formalities
- May still be enforceable, but it is not the same as an authentic act under CC 1833
Statute Pointer List for Fast Review
- CC 1833 - Definition and formalities of authentic act
- CC 1835 - Full-proof evidentiary effect
- CC 1836 - Private-signature act duly acknowledged
- CC 1837 - Act under private signature
- CC 1838 - Acknowledge or deny signature rules
Mini-Quiz
- Is two-witness presence optional for an authentic act? (No)
- Can a private-signature act exist without notary formalities? (Yes)
- Which article gives authentic acts full-proof language? (CC 1835)
- If a party cannot sign name, what must the notary do? (Apply CC 1833(C) mark rule)