§ 19-109. Authentication of acknowledgments  


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  •    (a) Within State or by officer of the United States. -- No authentication is necessary if the acknowledgment is:

       (1) taken within the State; or

       (2) made outside the United States by an officer of the United States.

    (b) In another state. --

       (1) No authentication is necessary if the acknowledgment is taken outside of the State, but within another state.

       (2) (i) The certificate may, however, be authenticated by a certificate as to the official character of the officer that took the acknowledgment.

          (ii) If the officer that took the acknowledgment is a clerk or deputy clerk of a court, the authenticating certificate shall be executed by the presiding judge of the court.

          (iii) If the officer that took the acknowledgment is a notary public, the authenticating certificate shall be executed by a clerk of a court of record of the county, parish, or district in which the acknowledgment is taken.

          (iv) When the authenticating certificate bears the seal of the authenticating officer, the signature on the certificate may be a facsimile that is printed, stamped, photographed, or engraved on the certificate.

    (c) Outside the United States. -- If the acknowledgment is made outside the United States and by a notary public or a judge or clerk of a court of record of the country where the acknowledgment is made, the certificate shall be authenticated by:

       (1) a certificate under the great seal of state of the country, affixed by the custodian of the seal, certifying as to the official character of the officer; or

       (2) a certificate of a diplomatic, consular, or commercial officer of the United States accredited to that country, certifying as to the official character of the officer.


HISTORY: An. Code 1957, art. 18, § 9; 1997, ch. 31, § 1.