Art. 2636.Authentic Evidence
Book V. Summary and Executory Proceedings · Title II. Executory Proceedings · Chapter 1. General Dispositions · Last amended 2015 · Last verified July 30, 2026
Full Text of Art. 2636
Amendment History
Amended by Acts 2015, No. 84, §1, eff. 8/1/2015. Amended by Acts 2014, No. 440, §3, eff. 7/1/2014. Amended by Acts 1982, No. 177, §1; Acts 1982, No. 185, §1; Acts 1989, No. 137, §18, eff. 9/1/1989; Acts 1993, No. 475, §2, eff. 6/9/1993; Acts 2003, No. 1072, §1; Acts 2011, No. 90, §1; Acts 2012, No. 505, §2.
Plain-English Summary
Article 2635 says authentic evidence is required; Article 2636 says what counts as authentic evidence for executory process. The list runs through nine categories, several built around a Louisiana-specific practice: paraphing.
A paraph is a notary's identifying mark placed on a note or other instrument at the time the related mortgage or privilege is executed, physically linking the note to the act securing it so that later on, no one can substitute a different note for the one the debtor signed. The note qualifies as authentic evidence when paraphed for identification with the mortgage, or, in its place, when a certified copy of the note is provided by the notary who handled the mortgage. Article 2636 carves out one exception to the paraph requirement: a note secured by a security agreement under Chapter 9 of the Uniform Commercial Code, Louisiana's version of the law governing security interests in movable property such as equipment, inventory, or accounts, does not need a paraph.
The rest of the list covers documents that are self-certifying in other ways: certified copies or duplicate originals of authentic acts; certified copies of judgments, judicial letters, or court orders; certified corporate board resolutions, LLC organizational documents, or partnership authorizations approving a mortgage on the entity's property; UCC security agreements themselves, which need no notary; certain certified reproductions from financial institutions; and a closing category covering any other documentary evidence the law separately recognizes as authentic, including several specific statutes the article cross-references, and notes bearing an electronic signature under Louisiana's electronic-transactions law when accompanied by the required certification.
Read together, these categories give a creditor several paths to satisfy Article 2635's authentic-evidence requirement depending on what kind of document was involved and what kind of entity signed it, without forcing every situation into a single mold.
Frequently Asked Questions
What is a paraph, and why does it matter for executory process?
A paraph is a notary's identifying mark placed on a note at the time the related mortgage is executed, linking the two documents together. Article 2636 treats a properly paraphed note as authentic evidence for executory process.
Does every note used in executory process need to be paraphed?
No. Article 2636 exempts a note secured by a Uniform Commercial Code Chapter 9 security agreement from the paraph requirement, along with allowing a certified copy of the note in place of paraphing generally.
Can a corporate resolution authorizing a mortgage count as authentic evidence?
Yes. Article 2636 recognizes a certified copy of a board resolution, or comparable LLC or partnership authorization, as authentic evidence that the entity approved the mortgage.
Do Uniform Commercial Code security agreements need to be notarized to support executory process?
No. Article 2636(5) recognizes a security agreement subject to Chapter 9 of the Uniform Commercial Code as authentic for executory process even though it need not be executed or acknowledged before a notary.