NOTARIES: Requests the Louisiana State Law Institute to study and recommend legislation relative to the acknowledgment of acts under private signature by simultaneous audiovisual transmission as a procedure separate from remote online notarization.
Summary
SR140 is a Senate Resolution that does not itself change Louisiana law, but instead asks the Louisiana State Law Institute to study and recommend legislation on whether acknowledgments of acts under private signature under Civil Code Article 1836 should be allowed by simultaneous audiovisual transmission. The resolution frames this as a procedure separate from remote online notarization, and it specifically focuses on acknowledgments rather than the execution of authentic acts or other instruments excluded from remote online notarization under current law.
The resolution lays out several issues for study, including whether the process should be available to all Louisiana notaries without remote online notarization certification, how identity should be verified, whether the original instrument must be in the notary’s possession or review, whether two witnesses must appear simultaneously by audiovisual means, and what recordkeeping or certificate requirements should apply. It directs the Law Institute to report findings and any proposed legislation to the Legislature by March 1, 2027.
Impact
SR140 has no immediate effect on substantive state law or the Civil Code; it is a directive for research and legislative recommendations. If future legislation follows the study, it could create a new statutory framework for remote-style acknowledgments under Civil Code Article 1836, distinct from the existing remote online notarization law in R.S. 35:621 et seq., while preserving current restrictions on authentic acts and other excluded documents.
Sentiment
The resolution appears generally favorable and exploratory, with the Senate signaling interest in modernizing notarization procedures while keeping them distinct from remote online notarization. The text emphasizes reliability, safeguards, and limited scope, suggesting support for a cautious expansion rather than an immediate legal change. No votes or committee transcripts are provided, so there is no recorded opposition in the available materials.
Contention
The main point of contention is likely the boundary between a simple acknowledgment under Civil Code Article 1836 and remote online notarization, especially whether the new procedure should be broadly available to all notaries without RON certification. Other likely issues include how to verify identity remotely, whether two witnesses must be present simultaneously, whether the original document must be reviewed in person or electronically, and whether the process could blur into the execution of authentic acts, which current law does not allow remotely. The resolution itself anticipates these concerns by instructing the Law Institute to study safeguards and statutory distinctions.
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