Could Louisiana's Secretary of State restore a notary commission after the notary surrendered it?

Plain-English summary

The Secretary of State's office asked whether it could restore a notary commission that its holder had voluntarily surrendered. The attorney general's office concluded in 2000 that the statutes did not authorize unilateral reinstatement. The former notary had to apply for a new commission and meet the requirements in the two statutes the opinion cited.

The office stated the same result for a surrendered commission whether the surrender was voluntary or otherwise. It said a valid new commission could follow only after the applicant satisfied the statutory requisites.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Former notaries at the time

The opinion said surrendering a commission ended the route to simple reinstatement. To hold a valid commission again, the person had to apply for a new one and meet the cited statutory requirements.

Secretary of State staff at the time

The office said the Secretary of State could not unilaterally restore a surrendered commission. It described a new application and satisfaction of statutory requisites as the path to commissioning the person again.

Common questions

Q: Could a voluntarily surrendered notary commission be switched back on?
A: The 2000 opinion said no. The former notary had to apply for a new commission.

Q: Did the opinion distinguish voluntary surrender from other surrender?
A: No. It said a notary who surrendered the commission, voluntarily or otherwise, had to satisfy the requirements for a new one.

Q: When could the person hold a valid commission again?
A: The opinion said after applying and successfully meeting the requisites in LA R.S. 35:191 and LA R.S. 35:201.

Background and statutory framework

The opinion found no statutory authority for unilateral reinstatement of a surrendered notarial commission. It applied LA R.S. 35:191 and LA R.S. 35:201 to the new-commission process and did not set out the individual application steps.

Citations and references

• LA R.S. 35:191 (new commission requirements cited by the office)
• LA R.S. 35:201 (additional requirements cited by the office)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0265

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

August 17, 2000
OPINION NUMBER 00-265

73 NOTARIES – Appointments & Qualifications Mr. Steve Hawkland
LA R.S. 35:191
Attorney
LA R.S. 35:201
Office of the Secretary of State
P.O. Box 94125
Once a notary surrenders his or her notarial commission,
voluntarily or otherwise, she must apply for a new Baton Rouge, Louisiana 70804-9125 commission and meet all requisites of LA R.S. 35:191 and 35:201 in order to obtain a valid commission.
Dear Mr. Hawkland:

We are in receipt of your request for an Attorney General’s Opinion concerning the reinstatement of a notarial commission. Specifically, you ask whether the Office of the Secretary of State can unilaterally reinstate a notarial commission for a notary who has voluntarily surrendered her commission.

The Louisiana Revised Statutes do not provide for the unilateral reinstatement of a notarial commission. Once a notary surrenders his or her notarial commission, voluntarily or otherwise, she must apply for a new commission and meet all requisites of LA R.S. 35:191 and 35:201 in order to obtain a valid commission. Once the requisites of LA R.S. 35:191 and 35:201 have been successfully fulfilled, the individual may be re- commissioned and possessed of a valid commission.

We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.

Very truly yours,

RICHARD P. IEYOUB
Attorney General

BY: ________
ANDREW D. BENTON
Assistant Attorney General

Page 2

OPINION NUMBER 00-265
Syllabus

73 NOTARIES – Appointments & Qualifications

LA R.S. 35:191
LA R.S. 35:201

Once a notary surrenders his or her notarial commission, voluntarily or otherwise, she must apply for a new commission and meet all requisites of LA R.S. 35:191 and 35:201 in order to obtain a valid commission.

Mr. Steve Hawkland
Attorney
Office of the Secretary of State
P.O. Box 94125
Baton Rouge, Louisiana 70804-9125

Date Received:

Date Released: August 17, 2000

Andrew D. Benton
Assistant Attorney General