4.3 Acknowledgments, Affidavits, and Oaths
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)
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: