Key Takeaways
- Authentic act requires notary, 2 witnesses, and all party signatures
- Creates prima facie proof of contents - self-proving in court
- Required for certain transactions like real estate transfers
- Witnesses must be 18+, competent, and not parties to the act
- Notary cannot serve as a witness
Last updated: January 2026
Authentic Acts in Louisiana
An authentic act is the cornerstone of Louisiana civil law notarial practice. It is a self-proving legal document with significant evidentiary weight.
Definition (Louisiana Civil Code Article 1833)
An authentic act is:
"A writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed."
Required Elements
| Element | Requirement |
|---|---|
| Notary Public | Validly commissioned, acting within jurisdiction |
| Two Witnesses | Present at execution |
| Party Signatures | All parties must sign |
| Witness Signatures | Both witnesses must sign |
| Notary Signature | Notary must sign |
| Notary's Presence | All signatures in notary's presence |
Witness Requirements
| Requirement | Details |
|---|---|
| Age | 18 years or older |
| Competency | Mentally capable |
| Not Parties | Cannot be parties to the act |
| Not Related | Should not be related to parties (best practice) |
| Notary | Cannot serve as a witness |
| Signing | Must sign in notary's presence |
Legal Effect
| Aspect | Authentic Act |
|---|---|
| Evidentiary Weight | Prima facie proof of contents |
| Court Admissibility | Self-proving |
| Challenge | Requires formal court action |
| Presumption | Presumed valid until proven otherwise |
When Authentic Acts Are Required
Certain transactions must be in authentic form:
| Transaction Type | Authentic Act Required |
|---|---|
| Real estate sales (immovable property) | Yes |
| Mortgages on immovable property | Yes |
| Donations of immovables | Yes |
| Marriage contracts | Yes |
| Powers of attorney for immovable sales | Yes |
| Certain wills (notarial testament) | Yes |
Execution Procedure
- Verify identities of all parties with valid ID
- Confirm witnesses meet all requirements
- Read document to parties (when required)
- Obtain signatures in this order:
- All parties
- Both witnesses
- Notary public
- Apply notarial certificate with date and parish
Common Errors to Avoid
| Error | Consequence |
|---|---|
| Only one witness | Act is invalid |
| Notary signs as witness | Act is invalid |
| Signatures not in presence | Act may be challenged |
| Witness is a party | Act is invalid |
| Out of jurisdiction | Act is invalid |
On the Exam
- Two witnesses: Always required for authentic act
- Notary cannot be witness: Critical rule
- Self-proving: No additional evidence needed in court
- Required for: Real estate, mortgages, certain POAs
Test Your Knowledge
How many witnesses are required for an authentic act in Louisiana?
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Test Your Knowledge
What is the legal effect of an authentic act?
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Test Your Knowledge
Can a Louisiana notary serve as one of the two required witnesses for an authentic act?
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