ND Senate Bill 2123 | NNA

ND Senate Bill 2123

Notary Law Update: ND Senate Bill 2123

State: North Dakota

Summary:

North Dakota 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 and recordable instruments.

Signed:  April 25, 2014

Effective:  August 01, 2014

Chapter: 2123

Affects:

Section 12.1-11-01 and creates a new chapter to Title 31 of the North Dakota Century Code

Changes:
  1. Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath, but is given under penalty of false swearing.
  2. Prescribes that if a North Dakota 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.
  3. 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.
  4.  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 document intended for recordation in the office of county recorder; or (e) a self-proving declaration or affidavit required by NDCC 30.1-08-04 (on a self-proved will).
  5. Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
  6. Prescribes the form for an unsworn declaration.
  7. Classifies as a “false statement under oath or equivalent affirmation” a written unsworn declaration as provided in the Uniform Unsworn Foreign Declarations Act.
Analysis:

North Dakota enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws). 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.

Read the bill text.

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