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

ElementRequirement
Notary PublicValidly commissioned, acting within jurisdiction
Two WitnessesPresent at execution
Party SignaturesAll parties must sign
Witness SignaturesBoth witnesses must sign
Notary SignatureNotary must sign
Notary's PresenceAll signatures in notary's presence

Witness Requirements

RequirementDetails
Age18 years or older
CompetencyMentally capable
Not PartiesCannot be parties to the act
Not RelatedShould not be related to parties (best practice)
NotaryCannot serve as a witness
SigningMust sign in notary's presence

Legal Effect

AspectAuthentic Act
Evidentiary WeightPrima facie proof of contents
Court AdmissibilitySelf-proving
ChallengeRequires formal court action
PresumptionPresumed valid until proven otherwise

When Authentic Acts Are Required

Certain transactions must be in authentic form:

Transaction TypeAuthentic Act Required
Real estate sales (immovable property)Yes
Mortgages on immovable propertyYes
Donations of immovablesYes
Marriage contractsYes
Powers of attorney for immovable salesYes
Certain wills (notarial testament)Yes

Execution Procedure

  1. Verify identities of all parties with valid ID
  2. Confirm witnesses meet all requirements
  3. Read document to parties (when required)
  4. Obtain signatures in this order:
    • All parties
    • Both witnesses
    • Notary public
  5. Apply notarial certificate with date and parish

Common Errors to Avoid

ErrorConsequence
Only one witnessAct is invalid
Notary signs as witnessAct is invalid
Signatures not in presenceAct may be challenged
Witness is a partyAct is invalid
Out of jurisdictionAct 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

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Test Your Knowledge

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Can a Louisiana notary serve as one of the two required witnesses for an authentic act?

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