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Structure

In the State of Louisiana, the legal framework ensures notaries operate within explicitly defined boundaries, with the SS984N form playing a crucial role in maintaining this balance. Crafted by Secretary of State Tom Schedler, this document serves as a vital tool for reporting unauthorized notarial activities, safeguarding both the integrity of notarial acts and the interests of the public. Its comprehensive layout demands detailed information about the complainant and the individual accused of overstepping their notarial powers, ranging from misuse of commission to engaging in dishonest practices. Critical violations such as fraud, commission in retirement status, abandonment of commission, and failure to uphold financial responsibilities can be reported through this form. It acts not just as a report but as a deterrent to unauthorized practices, ensuring those vested with notarial powers adhere strictly to the law. This form is part of a broader legislative framework, showing Louisiana's commitment to the proper governance of notarial functions, signifying the state's proactive measures in preventing notarial misconduct. Its existence underscores the significance of accountability and precision in notarial affairs, ensuring that acts carried out by notaries public maintain their longstanding reputation for trustworthiness and reliability.

Form Example

STATE OF LOUISIANA

SECRETARY OF STATE

TOM SCHEDLER

SECRETARY OF STATE

TRANSMITTAL INFORMATION

For All Notary Filings

Notary Division (225) 925-4704

Fax Numbers

(225) 932-5359 Notary

Name of person filing document

Address

City

State

Zip Code

Daytime phone number

Fax number

Email address

 

Mailing Address: P. O. Box 94125, Baton Rouge, LA * 70804-9125

Office Location: 8585 Archives Ave., Baton Rouge, LA * 70809

Web Site Address: www.sos.la.gov

SS984N Rev. 08/13

 

COMPLAINT ALLEGING

 

UNAUTHORIZED EXERCISE OF NOTARIAL POWERS

 

La. R.S. 35:601 et seq.

 

RETURN COMPLETED FORM TO:

Tom Schedler

Secretary of State Notary Division,

Secretary of State

P.O. Box 94125

 

Baton Rouge, LA 70804

Parish of _____________________________

Before me, the undersigned authority came and appeared the undersigned complainant, who in accordance with the provisions of La. R.S. 35:603, and being duly sworn, did depose and say that

_______________________________________________

_______________________ is in violation of the

Printed name of subject of complaint

Notary ID# if known

following provision(s) of La. R.S. 601 et seq. (UNAUTHORIZED EXERCISE OF NOTARIAL POWERS)

Violation(s): check all that apply

_____ Commission or authority to exercise notary function is statutorily or judicially suspended.

_____ Commission or authority to exercise notary function is statutorily or administratively revoked.

_____ No longer validly commissioned.

_____ Commission in retirement status under provisions of R.S.35:202(G)

_____ No longer validly possessed of the office or position from which authority to exercise notarial functions were derived.

_____ Convicted of a felony and has not been pardoned.

_____ Not authorized by law to exercise that particular notarial function.

_____ Engaged in dishonesty, fraud, deceit, or misrepresentation.

_____ Certified as true what he knows or should have known to be false.

_____ Violated any provision of any law governing the office of notary or the exercise of notary authority.

_____ Abandoned his commission.

_____ Failed to pay over money entrusted to him in his official capacity as a notary public.

_____ Failed to satisfy any final judgment rendered against him in his official capacity as a notary public.

_____ Not authorized to exercise notarial powers.

Complainant’s statement to include details of violation(s), its nature, the dates, time(s), address(es) where violation(s) occurred and address of subject of the complaint. (attach additional page(s) if necessary):

__________________________________________________________________________________________________

_______________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________

_______________________________________________________________________________________________________________________________________

Complainant name:_________________________________________ Phone: _________________________________

Complainant address: _______________________________________ City, State, Zip:__________________________

_____________________________________

Signature of Complainant

Sworn to and subscribed before me this ____ day of ___________, 20___

__________________________________________

Signature of notary

__________________________________________ ________________

Printed name of notary

La. Notary ID#

Document Breakdown

# Fact
1 The form is issued by the State of Louisiana.
2 It is managed by the Secretary of State, Tom Schedler's office.
3 The form is designed for reporting unauthorized notarial activities.
4 Governing laws for this form are listed as La. R.S. 35:601 et seq.
5 It includes a section for the complainant to provide detailed descriptions of violations.
6 The complainant must supply their name, phone, and address.
7 It includes space for the notary to document the complaint's receipt.
8 There's a requirement for the subject of complaint’s notary ID number if known.
9 Violations include unauthorized exercise of notarial powers, dishonesty, fraud, and failure to comply with legal judgments.
10 The form's latest revision was in August 2013 (Rev. 08/13).

Instructions on Filling in Ss984N

Filling out the SS984N form is a key step for those wishing to report unauthorized notarial activities in the state of Louisiana. This process helps maintain the integrity of notarial acts and ensures that individuals acting as notaries conduct themselves according to state laws. The form is designed to document specific violations and provide the Louisiana Secretary of State with the necessary information to address any misconduct. Below is a step-by-step guide that will assist you through the process of completing the SS984N form properly.

  1. Start by noting down the Name of the person filing the document at the top of the form. Include your full legal name.
  2. Enter your Address, including City, State, and Zip Code.
  3. Provide a Daytime phone number where you can be reached for any clarifications or additional information.
  4. Include your Fax number and Email address for further communication.
  5. Proceed to the section titled "Complaint Alleging Unauthorized Exercise of Notarial Powers." Here, identify the parish where the violation occurred in the space provided.
  6. In the part that requests the Printed name of subject of complaint and Notary ID# if known, fill in the details of the notary who is being accused of unauthorized practices.
  7. Check all violations that apply from the list provided on the form. This section is crucial as it outlines the specific type of unauthorized exercise of notarial powers being reported.
  8. Under the Complainant’s statement, give a detailed account of the violation(s), including its nature, dates, times, addresses where the violation(s) occurred, and address of the subject of the complaint. Attach additional page(s) if necessary to ensure all details are clearly communicated.
  9. Finally, include your name and phone number at the bottom of the form. This information should be under the complainant section.
  10. Sign the form in the designated space to validate your complaint. The form must then be sworn to and subscribed before a notary, who will also sign the form and include their printed name and Louisiana Notary ID number.

Once you have completed the SS984N form, it should be returned to the Secretary of State's Notary Division. The address is provided at the top of the form. The information you provide will be used to investigate the reported violations and take appropriate corrective actions. It's important to fill out the form with as much detail and accuracy as possible to support a thorough investigation.

Listed Questions and Answers

What is the SS984N form?

The SS984N form is used in the State of Louisiana for reporting unauthorized notarial activities. It is a means for individuals to officially complain about someone they believe is performing notarial duties without proper authorization, or violating Louisiana's notarial laws in some way. This form is provided by the Secretary of State's office and requires detailed information about both the complainant and the accused individual.

When should the SS984N form be used?

This form should be used anytime an individual suspects that another person is executing notarial duties without valid authority, or is in violation of notarial laws in Louisiana. Misconducts might include, but are not limited to, operating with a suspended or revoked commission, certifying false documents knowingly, or engaging in dishonest activities as a notary. If you witness or have evidence of such activities, completing and submitting the SS984N form is a necessary step.

What information is required on the SS984N form?

To fill out the SS984N form, you will need to provide:

  • The name and contact information of the complainant.
  • Detailed allegations against the notary, including the nature of the violation, specific laws that were violated, and any applicable dates, times, and locations.
  • The name of the notary accused, their Notary ID number (if known), and a statement detailing the violation(s).
Additionally, the form must be signed and sworn before a notary public, including the notary's signature and printed name.

Where should the completed SS984N form be sent?

The completed form should be returned to the Secretary of State's Notary Division at P.O. Box 94125, Baton Rouge, LA 70804. This ensures that the complaint is directed to the correct department for investigation and potential action.

Can additional pages be attached if more space is needed?

Yes, if the space provided on the SS984N form is insufficient for the complainant's statement or if there is additional evidence to include, additional pages can be attached. It's important that all information provided is clear, thorough, and factual to support the investigation.

Is there a fee to file the SS984N form?

No, filing a complaint using the SS984N form is free. The State of Louisiana does not charge individuals for submitting complaints about unauthorized notarial activities.

How is a complaint investigated after submitting the SS984N form?

Upon receiving a complaint, the Secretary of State's Notary Division will review the submitted information. The investigation process may involve contacting the accused notary for their side of the story, reviewing notarial records, and examining any evidence provided by the complainant. Depending on the findings, appropriate actions will be taken which could range from issuing warnings to revoking the notary's commission.

Can the complainant remain anonymous?

While the form requires the complainant's name and contact information, it's understood that reporting misconduct can be sensitive. The Secretary of State's office handles such information with confidentiality; however, complete anonymity may not be guaranteed since the notary, if challenged, has a right to know the accusations and the source. If safety or retaliation is a concern, it's advisable to discuss these issues when filing the complaint.

What happens if a complaint is found to be false?

Filing a false complaint is a serious matter. If an investigation concludes that a complaint was made maliciously or without basis, the complainant could potentially face legal repercussions. It's crucial to ensure that all information and accusations submitted are accurate and truthful.

Who can be contacted for more information or assistance with the SS984N form?

For guidance or questions regarding the SS984N form or the complaint process, individuals can contact the Secretary of State's Notary Division directly at (225) 925-4704. Additional information and resources may also be found on their official website at www.sos.la.gov.

Common mistakes

When filling out the SS984N form for the state of Louisiana, it's important to ensure accuracy and completeness to avoid any delays or issues with processing. People often make several common mistakes when completing this form. Being aware of these can help in avoiding them.

  1. Not providing a complete name of the person filing the document in the designated section. It's crucial that the full name matches official documents to avoid confusion.
  2. Failing to include the correct Notary ID# if known. This can significantly slow down the process, especially if there are multiple notaries with similar names.
  3. Omitting to check the appropriate violation(s) that the subject of the complaint is being accused of. Accurate selection here helps the Secretary of State understand the exact nature of the complaint.
  4. Leaving the complainant’s statement section blank or providing vague details about the violation. Detailed information, including dates, times, and addresses, aids in investigating the complaint thoroughly.
  5. Forgetting to sign the form or having it notarized. A signature is a legal requirement that indicates the complainant's acknowledgment and truthfulness of the information provided.
  6. Incorrect or incomplete mailing address information, which includes the address, city, state, and zip code. Correct details are essential for any necessary follow-up correspondence.

Avoiding these mistakes is important for ensuring that the complaint is processed efficiently and accurately. Here are some additional pointers that can help:

  • Double-check each section of the form before submission for any missing information.
  • Ensure that all the information provided is current and matches official records.
  • Attach additional pages if necessary, making sure they are securely attached and clearly labeled as part of the complaint.
  • Contact the Notary Division if there are any questions or clarifications needed before submitting the form.

By paying attention to these details, the process of submitting a complaint can be smoother, helping to address unauthorized notarial activities effectively.

Documents used along the form

The SS984N form is a critical document within the legal and notarial domain in Louisiana, providing a standardized method for reporting unauthorized exercises of notarial powers. This procedure ensures the integrity of notarial actions and preserves the trust in such services. Alongside the SS984N form, various other forms and documents are frequently utilized to maintain legal accuracy and compliance. The understanding and proper use of these forms are essential for notaries, as well as individuals interfacing with notarial services.

  • Notary Public Application Form: Used by individuals seeking to become authorized as a notary public. It collects personal information, qualifications, and the applicant's pledge to adhere to laws governing notarial acts.
  • Notary Bond Form: A security instrument that protects the public from potential financial losses resulting from a notary’s misconduct or negligence. It is a prerequisite for obtaining or renewing a notary commission in many jurisdictions.
  • Oath of Office Form: A solemn declaration taken by notaries to perform their duties faithfully and impartially. This form is usually filed with a county clerk or other designated official.
  • Notary Journal: While not a form per se, a notary journal is a critical document for recording all notarial acts performed. It serves as an official log, providing accountability and aiding in the prevention of fraud.
  • Notary Commission Renewal Application: Required for notaries to extend their commission period. It may include verifying the notary’s good standing and the absence of disciplinary actions.
  • Errors and Omissions Insurance Policy: Though often optional, this insurance policy provides coverage for notaries against claims of negligence and mistakes in performing notarial acts. Documentation of the policy may be necessary for certain transactions.
  • Fee Schedule Form: A document outlining the fees that a notary public charges for services. Fee schedules ensure transparency and compliance with state-regulated maximum charges.
  • Complaint Form: Apart from the SS984N, there could be other specific forms for filing complaints against notaries for various issues beyond unauthorized practices, such as misconduct or neglect.

Each document complements the SS984N form, either by establishing the guidelines and expectations for notary conduct or by providing mechanisms for accountability and rectification of issues. Together, they form a framework that not only regulates but also supports the practice of notarization, reinforcing its essential role in the legal system.

Similar forms

The Ss984N form, used within the state of Louisiana, holds similarities to various other documents primarily designed for regulatory or complaint-related processes. Particularly, it shares purposes and structures with forms like those for attorney complaints and consumer fraud complaints. These documents, although catering to different fields, are unified by their foundation in accountability and oversight mechanisms. Understanding these forms and their counterparts can provide a clearer picture of the administrative processes designed to protect and uphold professional standards and consumer rights.

Firstly, the Ss984N form is notably similar to attorney grievance forms which are used within state bar associations to report unethical behavior of attorneys. Like the Ss984N, which requires detailed information about the complainant, the attorney in question, and the specific nature of the unauthorized notarial activity, attorney grievance forms ask for comprehensive details about the complaint. This includes the identification of the attorney, the nature of the alleged misconduct, and relevant dates and locations. Both forms serve as an initial step in a formal investigation process, aimed at maintaining the integrity of their respective professions by holding individuals accountable for their actions.

Secondly, consumer fraud complaint forms also bear resemblance to the Ss984N form. Typically managed by state consumer protection offices or the Federal Trade Commission, these forms collect information on alleged deceitful practices affecting consumers. They require details such as the complainant's contact information, descriptions of the fraudulent activity, and the identification of the entity involved. Although focusing on consumer issues rather than notarial activities, like the Ss984N, these forms play a crucial role in regulating behavior and protecting public interest by documenting and addressing complaints of illegal or unethical practices.

Dos and Don'ts

When preparing to fill out the SS984N form, which is used for reporting unauthorized notarial activities in the state of Louisiana, individuals must proceed with diligence and accuracy. This documentation is vital in maintaining the integrity of notarial practices. Listed below are essential guidelines to ensure the process is handled correctly:

    Do:
  • Verify all information: Double-check to ensure that every detail about the unauthorized exercise of notarial powers, including names, addresses, and specifics of the violation, is accurate and complete.
  • Be detailed in your explanation: When describing the violation, provide a clear, concise, and thorough explanation. Include dates, times, and locations to support your claim.
  • Include additional documents if necessary: If the space provided is insufficient, attach additional page(s) that include further details or evidence of the complaint.
  • Provide contact information: Make sure your contact information is current and correct, facilitating any follow-up that may be required.
  • Sign and date the form: Your signature confirms the truthfulness of your complaint. Ensure the document is also correctly notarized.
  • Use the latest form edition: Always check the Secretary of State’s website for the most current form version to avoid using an outdated document.
    Don't:
  • Leave sections incomplete: Avoid skipping sections of the form. If a section does not apply, mark it as "N/A" (not applicable).
  • Rely on unverified information: Make sure all claims made in the form are based on facts and evidence that you have personally verified.
  • Use vague descriptions: Ambiguity can weaken your complaint. Be as specific as possible when detailing the unauthorized notarial activities.
  • Forget additional pages: If you’ve mentioned attaching additional documents, ensure they are securely attached when submitting the form.
  • Omit your signature: An unsigned form is considered incomplete and will not be processed. Your signature, along with the notary’s, is mandatory.
  • Send the form to the wrong address: Make sure you send the completed form to the correct address provided on the form itself to avoid delays in processing your complaint.

Misconceptions

When it comes to navigating state documents like the SS984N form for notary complaints in Louisiana, it's easy to stumble upon misconceptions. Let's clear the air on some of the common misunderstandings surrounding this important piece of paperwork.

Misconception 1: The SS984N form is only for notaries to file complaints.

Contrary to what some might think, this form is not exclusively for the use of notaries. In fact, anyone who witnesses or has evidence of a notary public engaging in unauthorized activities can file a complaint using the SS984N form.

Misconception 2: Filing a complaint via the SS984N form requires legal representation.

Legal counsel is not a requirement to file a complaint. Whether you're a concerned citizen or directly involved in a matter, the form is designed for easy use by the public to report notarial misconduct.

Misconception 3: The form is complex and difficult to understand.

Although it might seem daunting at first glance, the SS984N form is actually quite straightforward. The Secretary of State's office offers guidance on how to fill it out, making it accessible for everyone.

Misconception 4: The complaint form is only for issues occurring within Baton Rouge.

This is a state-wide form. It addresses notarial conduct throughout Louisiana, not just within the confines of Baton Rouge. Regardless of where the incident occurred in the state, the SS984N is the correct form to use.

Misconception 5: You must know the notary's ID number to file a complaint.

While including the notary’s ID number can help with the investigation, it is not mandatory to file a complaint. The most important aspect is to provide as much detail as possible about the incident and the individuals involved.

Misconception 6: Complaints are resolved quickly.

Due to the seriousness of complaints and the investigation process, resolutions can take time. Patience is necessary, as the Secretary of State's office diligently works through the details of each case.

Misconception 7: Filing the form is the final step in the complaint process.

Filing the SS984N form initiates the complaint process, but it may not be the final step. Additional information or actions, such as providing further evidence or cooperating with a formal investigation, could be necessary.

Misconception 8: All complaints lead to notaries losing their licenses.

The outcome of a complaint can vary widely based on the evidence and circumstances. Not all complaints result in notaries losing their commission; some may end in warnings, education requirements, or other resolutions.

Understanding the SS984N form and the complaint process in Louisiana is crucial for ensuring that notarial misconduct is addressed appropriately. By debunking these misconceptions, we can contribute to a more informed public capable of taking action when necessary.

Key takeaways

Filing the SS984N form is an important process for addressing unauthorized notarial activities in the State of Louisiana. Here are a few key takeaways to ensure the form is filled out and used correctly:

  • The form is specifically designed to report unauthorized exercise of notarial powers as outlined under La. R.S. 35:601 et seq., highlighting its relevance in maintaining the integrity of notarial practices within the state.
  • Before submission, the complainant must provide detailed information regarding the violation, including the nature of the unauthorized activity, dates, times, and locations where the violations occurred, and any additional context that may support the complaint. This detail is crucial for a thorough investigation.
  • Identifying the subject of the complaint with as much information as possible, including the notary's name and ID number if known, is imperative. This aids the Secretary of State's Office in accurately locating and addressing the individual in question.
  • Complaints must be sent directly to the Secretary of State Notary Division in Baton Rouge, LA, either via mail to the provided P.O. Box address or potentially through other office protocols, underscoring the importance of using the correct channel for complaint submissions.
  • The form requires the complainant's contact information and a signature, duly notarized, ensuring that the complainant is accountable and can be contacted for further information or clarification, thereby bolstering the complaint's credibility.

Adhering to the structure and requirements of the SS984N form not only facilitates the effective reporting of notarial misconduct but also supports the broader goal of upholding notarial standards and accountability within Louisiana.

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