Key Takeaways
- Acknowledgment is recognition of signature before notary and 2 witnesses
- Affidavit is sworn written statement before notary
- Louisiana notaries can administer oaths in any parish
- An acknowledged private writing is NOT equivalent to authentic act
- Affidavits can be done without witnesses (unless policy requires)
Acknowledgments, Affidavits, and Oaths
Louisiana notaries regularly perform acknowledgments, take affidavits, and administer oaths. Understanding the distinctions is critical.
Acknowledgments
An acknowledgment is when a person recognizes their signature as their own before a notary.
Two Types of Acknowledgments
| Type | Description |
|---|---|
| Before Court | Recognition before a judge |
| Before Notary | Recognition before notary and 2 witnesses |
Requirements for Notarial Acknowledgment
| Element | Requirement |
|---|---|
| Notary | Present and within jurisdiction |
| Witnesses | Two competent witnesses present |
| Signer | Acknowledges signature as their own |
| Signing | All parties sign in notary's presence |
Important Distinction
An act under private signature, though acknowledged, cannot substitute for an authentic act when the law prescribes such an act.
| Document Type | Acknowledgment Sufficient? |
|---|---|
| Simple contract | Yes |
| Affidavit | Yes |
| Real estate sale | No - requires authentic act |
| Mortgage | No - requires authentic act |
Affidavits
An affidavit is a sworn written statement made under oath before a notary.
Affidavit Requirements
| Element | Requirement |
|---|---|
| Written Statement | Document containing facts |
| Oath | Affiant swears to truthfulness |
| Notary | Administers oath and notarizes |
| Witnesses | Not required by statute |
Affidavit Execution Process
- Affiant presents written statement
- Notary verifies identity
- Notary administers oath
- Affiant signs document
- Notary applies notarial certificate
Oaths and Affirmations
Louisiana notaries have broad authority to administer oaths.
General Powers (R.S. 35:2)
| Power | Jurisdiction |
|---|---|
| Administer Oaths | Statewide (any parish) |
| Take Acknowledgments | Within commission parish (or statewide if qualified) |
| Make Authentic Acts | Within commission parish (or statewide if qualified) |
Oath vs. Affirmation
| Type | Use |
|---|---|
| Oath | Sworn promise invoking deity |
| Affirmation | Solemn promise without religious reference |
Both have the same legal effect and penalties for perjury apply equally.
Depositions
Louisiana notaries can take depositions:
| Aspect | Details |
|---|---|
| Authority | Full deposition authority |
| Oath | Notary administers oath to witness |
| Recording | Notary certifies testimony |
| Unique | Many states don't allow this |
Common Forms of Notarial Certificates
For Acknowledgment
"Appeared before me, the undersigned Notary Public, and the undersigned competent witnesses, [NAME], who acknowledged the foregoing signature as [his/her] own..."
For Affidavit
"Sworn to and subscribed before me, Notary Public, this [DATE]..."
On the Exam
- Acknowledgment: Requires 2 witnesses
- Affidavit: Witnesses not required by statute
- Oath administration: Can be done in any parish
- Acknowledged private writing: Does NOT equal authentic act
Can a Louisiana notary administer an oath in a parish other than their commission parish?
A document that has been acknowledged before a notary and two witnesses: