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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

In one sentenceArticle 2636 lists the documentary evidence Louisiana law deems authentic for executory process, including a paraphed note or a certified copy of one, certified copies of authentic acts, judgments, and corporate or partnership authorizations, Uniform Commercial Code security agreements, and other evidence the law separately recognizes as authentic.

Full Text of Art. 2636

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The following documentary evidence shall be deemed to be authentic for purposes of executory process:
(1) The note, bond, or other instrument evidencing the obligation secured by the mortgage, security agreement, or privilege, paraphed for identification with the act of mortgage or privilege by the notary or other officer before whom it is executed, with the exception that a paraph is not necessary in connection with a note secured by a security agreement subject to Chapter 9 of the Uniform Commercial Code or a copy of the note, bond, or other instrument evidencing the obligation certified as such by the notary before whom the act of mortgage, security agreement, or privilege was executed.
(2) A certified copy or a duplicate original of an authentic act.
(3) A certified copy of any judgment, judicial letters, or order of court.
(4) A copy of a resolution of the board of directors, or other governing board of a corporation, authorizing or ratifying the execution of a mortgage on its property, certified in accordance with the provisions of R.S.13:4103.
(a) A security agreement subject to Chapter 9 of the Uniform Commercial Code, which need not be executed or acknowledged before a notary.
(b) A reproduction of a security agreement described in Subsubparagraph (a) of this Subparagraph or a reproduction of a single writing that evidences both an obligation to pay and a security agreement described in Subsubparagraph (a) of this Subparagraph, that is certified by a representative of a financial institution in the manner provided for in R.S.13:3733.1(E).
(6) A certified copy of the limited liability company's articles of organization filed with the secretary of state or a written consent or extract of minutes of a meeting of the persons specified in R.S.13:4103.1, in each case authorizing or ratifying the execution of an act of mortgage on its property and in the form required by R.S.13:4103.1, certified as provided in R.S.12:1317(C).
(7) A certified copy of the contract of partnership authorizing the execution of an act of mortgage filed for registry with the secretary of state.
(8) All other documentary evidence recognized by law as authentic evidence, including R.S.9:5555, R.S. 10:9-629, and R.S.13:3733.1 and 3733.2.
(9) A promissory note or other evidence of indebtedness evidencing the obligation secured by the mortgage, security agreement or privilege, containing an electronic signature in accordance with the Louisiana Uniform Electronic Transactions Act, R.S.9:2601 et seq. and accompanied by a certification in accordance with R.S.13:3733.2.

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.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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