7.3 Record-Keeping Requirements

Louisiana's Two-Track Record System

Louisiana's record-keeping rules are unusual and the exam tests the contrast. For traditional (in-person) notarial acts, Louisiana does not impose a statewide statutory journal requirement the way states like California or Florida do — there is no law forcing a paper notarial register for every acknowledgment. For Remote Online Notarization (RON), by contrast, the rules are strict: an electronic journal and a recorded session are mandatory. So the same notary lives under two different record regimes depending on how the act is performed.

Do not read "no mandatory journal" as "no records." Louisiana's civil-law tradition treats certain instruments as authentic acts — solemn documents (such as conveyances, donations, and many powers of attorney) executed before a notary and two witnesses — and the notary is responsible for the original. Authentic acts are frequently recorded with the parish or retained as originals, which is a far heavier obligation than a journal line.

Why Keep Records Even When Not Required

Because a Louisiana notary commission is held for life, a notary may be questioned about an act performed decades earlier. A contemporaneous record is the notary's first line of defense against claims of forgery, fraud, or negligence. A best-practice voluntary journal entry for a traditional act should capture:

• Date and time of the act
• Type of act (acknowledgment, oath/affirmation, authentic act, copy certification)
• Document description (brief identifier)
• Signer name(s) and how identity was verified (ID type and number, or personal knowledge)
• Witnesses present, if any
• Fee charged, if any

RON: The Strict Track

For Remote Online Notarization, the notary (or the RON platform on the notary's behalf) must keep an electronic journal of each act and an audio/video recording of the entire notarial session, including the identity-proofing and credential-analysis steps. These records are retained for a multi-year period and must be producible on request. RON record duties are not optional, which is the exact opposite of the traditional-act rule — a classic exam contrast.

Orleans Parish: A System of Its Own

Orleans Parish maintains a centuries-old archive dating to the French and Spanish colonial periods. There, certain passed acts must be deposited with the Custodian of Notarial Records (the parish notarial archives), rather than being held solely by the individual notary. Expect a question that singles out Orleans Parish as the exception to general statewide practice.

Exam Anchors

• Traditional acts: no mandated journal (recommended best practice)
• RON: electronic journal + audio/video recording required
• Orleans Parish: acts deposited with the Custodian of Notarial Records
• Authentic acts: notary keeps the original / records with the parish

Authentic Acts: Louisiana's Heaviest Record Duty

Louisiana is a civil-law jurisdiction, and that shapes record-keeping far more than any journal rule. An authentic act is an instrument executed before a notary and two competent witnesses, signed by all parties, and reciting that it was passed before the notary. Authentic acts carry self-proving evidentiary weight — they prove themselves without further testimony. Because of this, the notary is the steward of the original instrument or sees it recorded with the parish. Common authentic acts include cash sales of immovable property, donations, matrimonial agreements, and many powers of attorney.

A Defensive Record Practice

Because the commission lasts a lifetime, a notary may face a challenge to an act performed 20 or 30 years earlier. A disciplined voluntary record converts "I think I checked the ID" into documented proof. A robust practice keeps, for each act: the date and time, the type of act, a document identifier, the signers and the identification relied on, any witnesses, and the fee charged. Store paper logs securely and back up electronic logs in a standard, durable format. These habits are not statutory mandates for traditional acts but they are the difference between a quick defense and an unprovable allegation.

RON Retention in Practice

For Remote Online Notarization, retention is non-negotiable and longer-term. The notary or platform must preserve the electronic journal entries and the audio/video recording of each session, including the live identity-proofing and credential analysis, for a multi-year period and produce them on lawful request. If a notary uses a third-party RON platform, the notary remains responsible for ensuring those records exist and are retrievable — outsourcing the storage does not outsource the duty.

The Orleans Parish Exception, Restated

Orleans Parish runs a centralized notarial archive (the Custodian of Notarial Records) that has preserved acts since the colonial era. A notary practicing there must deposit certain passed acts with that custodian rather than keep them solely in a private office. Outside Orleans Parish, no equivalent centralized deposit obligation exists for ordinary acts, which is exactly why the exam isolates Orleans as the exception.

Exam Anchors

• Authentic act = before a notary + two witnesses; self-proving; original retained.
• Traditional acts: no mandated journal; RON: e-journal + A/V recording mandatory.
• Orleans Parish deposits acts with the Custodian of Notarial Records.
• Lifetime commission = keep records indefinitely for high-stakes acts.