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Acts of...

In Louisiana, most Notarial documents are called instruments and are generally titled “Act of….”

Act of Sale

More commonly known as a “Bill of Sale.”

A contract whereby a person transfers ownership of a thing to another for a price in money. The thing, the price, and the consent of the parties are requirements for the perfection of a sale. LA Civil Code Article 2439. The notary is bound to record the sale of immovable property in the parish in which it is located unless directed by the parties that this requirement be waived.

Sales can involve immovable property (real estate/land) or movable property (vehicles). Accompanying a Bill of Sale for titled movables also requires a certificate of title be notarized as well.

Act of Lease

One party, the lessor, binds himself to give the other party, the lessee, the use and enjoyment of a thing for a term in exchange for a rent that the lessee binds himself to pay. LA Civil Code Article 2668.

Mandate

More commonly known as a “Power of Attorney.”

A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal. LA Civil Code Article 2989.

Act of Partition

This is when people own a piece of property equally. For example, siblings that inherit a piece of land from mom and dad. If it was not designated which piece they own they will own it all together in “Indivision,” meaning equally. The Act of Partition allows for the designation of who gets what specific piece or part of the whole.

Act of Mortgage

A mortgage is a non-possessory right created over property to secure the performance of an obligation. LA Civil Code Article 3278.

Affidavits

A written statement made under oath before a notary or other official authorized to administer an oath, and signed by the affiant and the officer/notary.

Examples:
Affidavit of heirship. This transfers ownership of a vehicle when the owner dies.
Affidavit of correction.
Affidavit of One and the same.

Act of Donation

A "Donation Inter Vivos" is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it. LA Civil Code Article 1468.

A "Donation Mortis Causa" or Testament is also known as “Last Will and Testament”

A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or part of his property. A donation mortis causa is revocable during the lifetime of the donor. LA Civil Code Article 1469.

Donation Mortis Causa allows the “Testator" to change the order of intestate successions. That is to die without a will and the law determines who gets your property up to and including the state of Louisiana in certain situations.

Trusts

An “Inter Vivos Trust” can be created alone or be included in a Testament. “Testamentary Trust”

A Trust, as the term is used in this Code, is the relationship resulting from the transfer of title to property to a person to be administered by him as a fiduciary for the benefit of another. LA Civil Code Article 1731.

This is typically done when a minor is involved or someone that may be physically or mentally unable to handle financial matters on their own and require someone to oversee their best interest.

Small Successions

“Affidavit of Small Succession” is when a person who died intestate (without a will) will have the ownership of their property transferred to the heirs.

A small succession, within the meaning of this Title, is the succession or the ancillary succession of a person who at any time has died leaving property in Louisiana having a gross value of seventy-five thousand dollars or less valued as of the date of death or, if the date of death occurred at least twenty-five years prior to the date of filing of a small succession affidavit as authorized in this Title, leaving property in Louisiana of any value. LA Civil Code Article 3421.

Business Entities

Creation of Sole Proprietorship, Partnership, or Corporation and Limited Liability Company (L.L.C.) by this notary with the associated operating agreements.



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