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2026 Regular Session ENROLLED
SENATE CONCURRENT RESOLUTION NO. 35
BY SENATOR FOIL
A CONCURRENT RESOLUTION
To urge and request the Louisiana State Law Institute to study and formulate proposed
legislation to amend the "Remote Online Notarization Act" and related laws, as it
deems appropriate, to authorize the use of remote online notarization for executing
authentic acts as defined in Civil Code Article 1833, excluding those instruments
prohibited in R.S. 35:623(B) or authentic acts deemed inappropriate for remote
online notarization, and to report its findings and proposed legislation to the
Louisiana Legislature.
WHEREAS, Act No. 254 of the 2020 Regular Session of the Louisiana Legislature
created the "Remote Online Notarization Act"; and
WHEREAS, the "Remote Online Notarization Act" provides for the process and
requirements necessary to become and remain authorized to perform remote online
notarizations, including the requirement that the secretary of state may only authorize a
regularly commissioned notary public who holds a valid notarial commission in this state
to conduct remote online notarizations; and
WHEREAS, R.S. 35:626 sets forth requirements for the locations of the notary
public, the parties, and any witnesses involved in a remote online notarization; and
WHEREAS, R.S. 35:627 provides procedures for a notary public to verify the
identity of parties and witnesses to a remote online notarial act and requires a notary public
to electronically and digitally sign the act; and
WHEREAS, R.S. 35:629 requires a notary public to maintain electronic copies and
audio-video recordings of each remote online notarization for at least ten years from the date
of the notarization; and
WHEREAS, audio and video conferencing technology has evolved since the passage
of the "Remote Online Notarization Act" and is becoming more widely available and used
by notaries throughout Louisiana and in other states to electronically authenticate documents
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SCR NO. 35 ENROLLED
through remote online notarization; and
WHEREAS, for many years certain rural areas of Louisiana have faced a shortage
of notaries, which makes the facilitation of commerce more difficult and costly for residents
of those areas; and
WHEREAS, the use of remote online notarization provides an opportunity to better
serve residents in rural areas and facilitate commerce and banking by authentic act; and
WHEREAS, in Louisiana, an authentic act is required to be executed before a notary
public and two witnesses, including signatures of all parties, witnesses, and the notary; and
WHEREAS, Louisiana law further provides that certain instruments, including
authentic acts, are not permitted to be executed by remote online notarization; and
WHEREAS, other civil law jurisdictions like France and Quebec permit the
execution of authentic acts via remote online notarization; and
WHEREAS, allowing the execution of authentic acts in Louisiana through remote
online notarization may expand the business case and possibilities for using remote online
notarization.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study and formulate proposed
legislation to amend the "Remote Online Notarization Act" and related laws, as it deems
appropriate, to authorize the use of remote online notarization for executing authentic acts
as defined in Civil Code Article 1833, excluding those instruments prohibited in R.S.
35:623(B) or authentic acts deemed inappropriate for remote online notarization, and to
report its findings and proposed legislation to the Louisiana Legislature.
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
and request the Louisiana State Law Institute study group to include representatives of the
secretary of state, Louisiana Notary Association, Louisiana Bankers Association, Louisiana
State Bar Association, Louisiana Association of Independent Land Title Agents, Louisiana
Land Title Association, Louisiana Clerks of Court Association, and Louisiana Public Tag
Association.
BE IT FURTHER RESOLVED the Louisiana State Law Institute shall submit its
findings and proposed legislation to the Louisiana Legislature no later than March 1, 2027.
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BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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