MI Senate Bill 689 | NNA

MI Senate Bill 689

Notary Law Update: MI Senate Bill 689

State: Michigan

Summary:

Michigan enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). The UUFDA permits a person living or traveling outside of the U.S. who must sign a sworn statement to make the statement under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation. This new law does not apply to certain sensitive documents, including depositions, recordable instruments, self-proving affidavits to a last will and testament, and certain durable powers of attorney.

Signed:  December 13, 2012

Effective:  April 01, 2013

Chapter: Public Act 361

Affects:

Adds Sections 600.2181 to 600.2190 to the Michigan Compiled Laws

Changes:
  1. Requires an affidavit of a person residing in another state of the U.S. or in a foreign county that is required by law or may be received in an action or judicial proceeding in Michigan to be authenticated under the Uniform Recognition of Acknowledgments Act or be an unsworn declaration executed under the Uniform Foreign Unsworn Declarations Act in order for the affidavit to be read.
  2. Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
  3. Prescribes that if a Michigan law requires or permits use of a sworn declaration, an unsworn declaration has the same effect as a sworn declaration, provided that at the time of making the declaration the declarant is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.
  4. Clarifies that the law does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country (e.g. a foreign embassy located in the U.S. or the United Nations) or a federally recognized American Indian tribe.
  5.  Disallows the use of unsworn declarations with the following sworn declarations: (a) a deposition, (b) an oath of office, (c) an oath required to be given before a specified official other than a Notary, (d) a declaration to be recorded with the register of deeds; (e) an oath required by Section 2504 of the MCL (to make a last will and testament self-proving) (MCL 700.2504); or  (f) a declaration in a document filed with the court in the course of administering the estate of a decedent.
  6. Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
  7. Prescribes the form for an unsworn declaration.
Analysis:

Michigan enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission. The UUFDA allows any sworn declaration (a signed record made under oath) to be made by an unsworn declaration (a signed record made under penalty of perjury) provided that the declaration is made outside of the United States and does not apply to a deposition, an oath of office, a document that is to be recorded with a county recorder or a self-proving affidavit on a will. Note: The effective date of the bill was predicated upon the passage and enactment of Senate Bill 688, which provides that making a false declaration is subject to the same penalties as lying under oath (MCL 750.423). SB 688 was enacted and takes effect on April 1, 2013.

Read the bill text.

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