Key Takeaways
- Standard commission is parish-based - limited to parish of residence
- Statewide jurisdiction available by passing the state exam
- Pre-2005 notaries may have limited parish jurisdiction
- Post-2005 exam-passers have automatic statewide jurisdiction
- Attorney-notaries have statewide jurisdiction automatically
Parish Commission vs. Statewide Jurisdiction
Louisiana has a unique dual system of notary jurisdiction that differs significantly from other states.
Parish-Based Commission (Traditional)
Under Louisiana R.S. 35:191, notaries are commissioned in and for the parish in which they reside.
| Aspect | Parish Commission |
|---|---|
| Jurisdiction | Limited to parish of residence |
| Expansion | Reciprocal parishes only |
| Historical | Pre-2005 standard |
| Bond | Filed in parish of commission |
Statewide Jurisdiction
Louisiana provides statewide jurisdiction for notaries who have taken and passed the state notary exam.
| Requirement | Details |
|---|---|
| Qualification | Pass state notary exam |
| Effective | Automatic for post-2005 exam passers |
| Pre-2005 Notaries | Can qualify by passing state exam |
| Exam Fee | $100 (current); $75 (statewide upgrade) |
Key Distinction: Pre-2005 vs. Post-2005
| Commission Date | Jurisdiction |
|---|---|
| Before 2005 | Parish-based (unless later qualified statewide) |
| After 2005 (exam passed) | Statewide |
| Attorneys | Statewide (automatic) |
Upgrading to Statewide (Pre-2005 Notaries)
Notaries commissioned before the state exam was instituted can qualify for statewide jurisdiction:
- Register directly with Secretary of State (45 days before exam)
- Pay examination fee ($75 for statewide upgrade)
- Take and pass the state exam
- Important: Failure to pass has no effect on existing commission status
Reciprocal Parishes
For notaries with parish-only jurisdiction, reciprocal parish agreements allow practice in neighboring parishes:
| Feature | Details |
|---|---|
| Created by | Louisiana Legislature |
| Benefit | Practice in reciprocal parishes without additional bonding |
| Requirement | Parish population under 40,000 |
| Condition | Notary or employer maintains office in reciprocal parish |
Why This Matters
Understanding your jurisdiction is critical because:
- Notarial acts performed outside jurisdiction may be invalid
- Clients need to know where you can legally perform services
- Bond and insurance may not cover out-of-jurisdiction acts
On the Exam
- Parish commission: Limited to parish of residence
- Statewide: Requires passing state exam
- Pre-2005 notaries: Can upgrade by passing exam
- Failure to pass: Does not affect existing commission
A notary commissioned in Louisiana before 2005 who has not passed the state exam can perform notarial acts:
What happens if a pre-2005 notary attempts the state exam to gain statewide jurisdiction but fails?