Louisiana Notary

A Civil Law Tradition

Louisiana Notary

Miscellaneous Acts – Designation of tutorship

By Leave a Comment

Miscellaneous Acts – Designation of tutorship

Art. 257. Surviving parent’s right of appointment. The right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last. The right of appointing a tutor, whether a relation or a stranger, also belongs to a parent who has been named the curator for the other living spouse, when that other living spouse has been interdicted, subject only to the right of the interdicted parent to claim the tutorship should his incapacity be removed by a judgment of a court of competent jurisdiction. This is called tutorship by will, because generally it is given by testament; but it may likewise be given by any declaration of the surviving father or mother, or the parent who is the curator of the other spouse, executed before a notary and two witnesses.

Art. 258. Right of appointment where parents are divorced or separated. If the parents are divorced or judicially separated, only the one to whom the court has entrusted the care and custody of the children has a right to appoint a tutor for them as provided in Article 257. However, if the parents have been awarded joint custody of the children, then the right to appoint a tutor for them belongs to the parent dying last, but either parent may appoint a tutor of the property of the children as provided in Article 257. In the event that both parents appoint a tutor of the property of the children, the tutors shall separately administer that portion of the children’s property which is attributable to the respective parent’s estate. The court shall decide which tutor shall administer that portion of the children’s property which is not attributable to either parent’s estate.

Art. 262. Appointment of several tutors; order of priority. If the parent who died last has appointed several tutors to the children, the person first mentioned shall be alone charged with the tutorship, and the second shall not be called to it, except in case of the death, absence, refusal, incapacity or displacing of the first, and in like manner as to the others in succession.

Miscellaneous Acts – Certified copy of lost original act

By Leave a Comment

Miscellaneous Acts – Certified copy of lost original act

R.S. 9:2758. Notarial certified copy of lost original. When the original title or record is no longer in being, a copy is good proof, and supplies ·the want of the original, when it is certified as being conformable to the record, by the notary who has received it, or by one of his successors, or by any other public officer, with whom the record was deposited and who had authority to give certified copies of it, provided the loss of the original be previously proved.

Miscellaneous Acts – Form: Certificate of true copy

By Leave a Comment

Miscellaneous Acts – Form: Certificate of true copy

C.C. Art. 1841. Copy of recorded writing. When an authentic act or an acknowledged act under private signature has been filed for registry with a public officer, a copy of the act thus filed, when certified by that officer, constitutes proof of the contents of the original.

Miscellaneous Acts – Certifies copy of original act by notary

By Leave a Comment

Miscellaneous Acts – Certifies copy of original act by notary

C.C. art. 1840. Copy of authentic act. When certified by the notary public or other officer before whom the act was passed, a copy of an authentic act constitutes proof of the contents of the original, unless the copy is proved to be incorrect.

Miscellaneous Acts – Filing of statement

By Leave a Comment

Miscellaneous Acts – Filing of statement

R.S. 9:4831. Filing; where and how made. A. The filing of a notice of contract, notice of termination, statement of a claim or privilege, or notice of lis pendens required or permitted to be filed under the provisions of this Part is accomplished when it is filed for registry with the recorder of mortgages of the parish in which the work is to be performed. The recorder of mortgages shall inscribe all such acts in the mortgage records.

B. For purposes of this Part, the recorder of mortgages includes the office of the clerk of court and ex officio recorder of mortgages.

C. Each filing made with the recorder of mortgages pursuant to this Part which contains a reference to immovable property shall contain a description of the property sufficient to clearly and permanently identify the property. A description which includes the lot and or square and or subdivision.or township and range shall meet the requirement of this Subsection. Naming the street or mailing address without more shall not be sufficient to meet the requirements of this Subsection.

Miscellaneous Acts – Affidavit of distinction

By Leave a Comment

Miscellaneous Acts – Affidavit of distinction

RS. 9:5501. Affidavit of distinction; acknowledgment; contents; damages. A.(1) An owner of immovable property with a name similar to that of a debtor against whom a judgment has been obtained and recorded may execute an affidavit of distinction before a notary public or before any authorized employee of the clerk of court’s office on a form provided by the clerk of court to clarify that he is not the same person as named in the judgment. The affidavit shall be duly recorded and thereafter the judgment shall not affect title to any property the person may own or acquire.

(2) The notary public or clerk of court or any employee of the clerk shall be immune from civil or criminal liability as a result of providing the affidavit, assisting in the completion of the affidavit, or recording of the affidavit form as prescribed in R.S. 9:5501.1.

B. The judgment creditor shall sign the acknowledgment in the affidavit of distinction as provided in R.S. 9:5501.1 within ten days after the date of receipt of the affidavit, after ascertaining that the affiant is not the debtor named in the judgment. The judgment creditor shall be liable for any damages, attorney fees, and expenses arising out of his failure to sign the acknowledgment without good cause. The affiant shall be liable for any damages, attorney fees, and expenses occasioned by a fraudulently executed affidavit of distinction.

C. The procedure established in this Section for executing an affidavit of distinction shall not be the exclusive means of clarifying that an owner of immovable property with a name similar to that of a judgment debtor is not the same person as such judgment debtor.

Miscellaneous Acts – Authentic act of adoption

By Leave a Comment

Miscellaneous Acts – Authentic act of adoption

Art. 213. Adult adoption: form. The adoptive parent and the person to be adopted shall consent to the adoption in an authentic act of adoption. The spouse of the adoptive parent and the spouse of the person to be adopted shall sign the act of adoption for the purpose of concurrence in the adoption only. The act of adoption without the concurrence is absolutely null. The concurrence does not establish the legal relationship of parent and child. Neither a party to an adult adoption nor a concurring spouse may consent by procuration or mandate.

R.S. 9:465. Adult adoption: change of name. The name of the adopted person may be changed in the act of adult adoption.

Business Entities – Partnership in commendam

By Leave a Comment

Business Entities – Partnership in commendam

C.C. art. 2837. Partnership in commendam; definition. A partnership in commendam consists of one or more general partners who have the powers, rights, and obligations of partners, and one or more partners in commendam, or limited partners, whose powers, rights, and obligations are defined in this Chapter.

Art. 2838. Name; designation as partnership in commendam. For the liability of a partner in commendam to be limited as to third parties, the partnership must have a name that appears in the contract of partnership; the name must include language that clearly identifies it as a partnership in commendam, such as language consisting of the words “limited partnership” or “partnership in commendam”; and the name must not imply that the partner in commendam is a general partner.

Art. 2841. Contract form; registry. A contract of partnership in commendam must be in writing and filed for registry with the secretary of state as provided by law. Until the contract is filed for registry, partners in commendam are liable to third parties in the same manner as general partners.

Art. 2843. Restrictions on the partner in commendam with regard to management or administration of the partnership. A partner in commendam does not have the authority of a general partner to bind the partnership, to participate in the management or administration of the partnership, or to conduct any business with third parties on behalf of the partnership.

Art. 2844. Liability of the partner in commendam to third parties. A. A partner in commendam is not liable for the obligations of the partnership unless such partner is also a general partner or, in addition to the exercise of such partner’s rights and powers as a partner, such partner participates in the control of the business. However, if the partner in commendam participates in the control of the business, such partner is liable only to persons who transact business with the partnership reasonably believing, based upon the partner in commendam’s conduct, that the partner in commendam is a general partner.

B. A partner in commend.am does not participate in the control of the business within the meaning of Paragraph A of this Article solely by doing one or more of the following:

(1) Being a contractor for or .an agent or employee of the partnership or of a general partner.

(2) Being an employee, officer, director, or shareholder of a general partner that is a corporation or a member or manager of a general partner that is a limited liability company.

(3) Consulting with and advising a general partner with respect to the business of the partnership.

(4) Acting as surety for the partnership or guaranteeing or assuming one or more specific obligations of the partnership.

(5) Taking any action required or permitted by law to bring or pursue a derivative action in the right of the partnership.

(6) Requesting or attending a meeting of partners.

(7) Proposing, approving, or disapproving, by voting or otherwise, one or more of the following matters:

(a) The continuation, dissolution, termination, or liquidation of the partnership.

(b) The alienation, exchange, lease, mortgage, pledge, or other transfer of all or substantially all of the assets of the partnership.

(c) The incurrence of indebtedness by the partnership other than in the ordinary course of its business.

(d) A change in the nature of the business.

(e) The admission, expulsion, or withdrawal of a general partner.

(f) The admission, expulsion, or withdrawal of a partner in commendam.

(g) A transaction involving an actual or potential conflict of interest between a general partner and the partnership or the partners in commendam.

(h) An amendment to the contract of partnership.

(i) Matters related to the business of the partnership not otherwise enumerated in this Paragraph, which the contract of partnership states in writing may be subject to the approval or disapproval of partners.

(8) Liquidating the partnership.

(9) Exercising any right or power permitted to partners in commendam under this Chapter and not specifically enumerated in this Paragraph.

C. The enumeration in Paragraph B does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by such partner in the business of the partnership.

Business Entities – Ordinary partnership

By Leave a Comment

Business Entities – Ordinary partnership

C.C. art. 2803. Participation of partners. Each partner participates equally in profits, commercial benefits, and losses of the partnership, unless the partners have agreed otherwise. The same rule applies to the distribution of assets, but in the absence of contrary agreement, contributions to capital are restored to each partner according to the contribution made.

Art. 2817. Partnership debts; liability. A partnership as principal obligor is primarily liable for its debts. A partner is bound for his virile share of the debts of the partnership but may plead discussion of the assets of the partnership.

Business Entities – Registration of assumed business name

By Leave a Comment

Business Entities – Registration of assumed business name

R.S. 51:281. Registration; condition precedent to licensing. No person shall transact any business under an assumed name or under any designation, name or style, corporate or otherwise, other than the real name of the individual conducting the business, unless such person files in the office of the register of conveyances in the city of New Orleans, or the clerk of court, as the case may be, of the parish or parishes in which the person conducts or intends to conduct the business, a certificate setting forth the name under which the business is to be conducted and the real full name of the person owning, conducting or transacting the business, with the post office address of such person. This certificate shall be executed and duly acknowledged before a notary public by the person conducting or intending to conduct the business. No sheriff and ex-officio tax collector or other person designated by law to collect and receipt for licenses shall issue any receipt to any person referred to in this Sub-part, without having had presented to such collector a certificate from the register of conveyances in the city of New Orleans, or the clerk of court showing that such person has complied with the provisions of this Sub-part.

R.S. 51:281.1. Assumed names; English; prohibitions. A name assumed to transact business, as provided in this Sub part, may be in any language; however, the name shall be expressed in English letters or characters for filing purposes. The assumed name shall not imply that the business is an administrative agency of any parish, of this state, or of the United States. No assumed name shall contain any words which deceptively or falsely suggest that the business is a corporate entity or shall contain any words required by law to be included in a corporate name.