LEGISLATIVE UPDATE: HOUSE BILL 514 – ELECTRONIC NOTARIAL ACTS
On March 29, 2019, Representative Raymond Garofalo pre-filed House Bill No. 514 on recommendation of the Louisiana State Law Institute. That same day, HB 514 was provisionally referred to the Committee on Civil Law and Procedure. On April 8, 2019, HB 514 was read by title and referred to the Committee on Civil Law and Procedure.
HB 514 provides for the execution of electronic notarial acts. As filed, HB 514 provides for the electronic notarization of affidavits and acknowledgements and does not allow for the electronic notarization of last wills or codicils thereto, trusts, donations inter vivos, matrimonial agreements, or acts modifying, waiving, or extinguishing obligations of final spousal support. Additionally, HB 514 does not allow for the electronic passing and notarization of any authentic act as defined under Louisiana Civil Code Art. 1833. If authentic acts are electronically notarized, those acts will not be in authentic form and may still be valid as acts under private signature or acknowledged acts, as provided for in our existing laws. “Presence” of the parties is redefined to mean remote presence, and the parties are not required to be located in the State of Louisiana. The notary, however, must be physically located in their jurisdiction at the time of electronic notarization. HB 514 also provides for the Secretary of State to set up a stakeholder committee to create rules and procedures for remote notarizations. As the bill is currently drafted, electronic notarization would be a separate credential available only to statewide commissioned notaries.
The Louisiana Notary Association’s legislative committee has met and will be providing a recommendation to the Board of Directors at a special meeting on April 10, 2019. Updates regarding that recommendation will be sent out following the special board meeting.
The LNA also will host at its headquarters (Postlethwaite & Netterville, 8550 United Plaza Boulevard, Suite 1001, 10th Floor, Baton Rouge, LA 70809) a live remote notarization demonstration on Monday, April 15, 2019 from 7:00 to 9:00 pm. Members and non-members are invited to the free demonstration, whether attending in person or via live online stream. This will include a real-time demonstration of both a mortgage loan closing and execution of a simple Affidavit using an online notarization provider. HB 514 will be discussed in more depth, and attendee questions will be taken. A link to access the live online stream of the demonstration will be provided to all membership in advance of the demonstration.
Further updates on HB 514 are forthcoming. Questions regarding HB 514 in advance of the live demonstration can be directed to Legislation Committee Chair, Pam Alonso, at 225-315-1414 or pamelaalonso@cox.net.
The bill can be viewed as currently written here:
