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)
Last updated: January 2026

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

TypeDescription
Before CourtRecognition before a judge
Before NotaryRecognition before notary and 2 witnesses

Requirements for Notarial Acknowledgment

ElementRequirement
NotaryPresent and within jurisdiction
WitnessesTwo competent witnesses present
SignerAcknowledges signature as their own
SigningAll 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 TypeAcknowledgment Sufficient?
Simple contractYes
AffidavitYes
Real estate saleNo - requires authentic act
MortgageNo - requires authentic act

Affidavits

An affidavit is a sworn written statement made under oath before a notary.

Affidavit Requirements

ElementRequirement
Written StatementDocument containing facts
OathAffiant swears to truthfulness
NotaryAdministers oath and notarizes
WitnessesNot required by statute

Affidavit Execution Process

  1. Affiant presents written statement
  2. Notary verifies identity
  3. Notary administers oath
  4. Affiant signs document
  5. Notary applies notarial certificate

Oaths and Affirmations

Louisiana notaries have broad authority to administer oaths.

General Powers (R.S. 35:2)

PowerJurisdiction
Administer OathsStatewide (any parish)
Take AcknowledgmentsWithin commission parish (or statewide if qualified)
Make Authentic ActsWithin commission parish (or statewide if qualified)

Oath vs. Affirmation

TypeUse
OathSworn promise invoking deity
AffirmationSolemn promise without religious reference

Both have the same legal effect and penalties for perjury apply equally.

Depositions

Louisiana notaries can take depositions:

AspectDetails
AuthorityFull deposition authority
OathNotary administers oath to witness
RecordingNotary certifies testimony
UniqueMany 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
Test Your Knowledge

Can a Louisiana notary administer an oath in a parish other than their commission parish?

A
B
C
D
Test Your Knowledge

A document that has been acknowledged before a notary and two witnesses:

A
B
C
D