AL House Bill 29 | NNA
Law

AL House Bill 29

Notary Law Update: AL House Bill 29

State: Alabama

Summary:

Alabama 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:  June 09, 2011

Effective:  January 01, 2011

Chapter: Act No. 2011-533

Affects:

Creates new Sections 12-21-80 through 12-21-80 of the Alabama 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 an Alabama 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 declaration to be recorded pursuant to Title 35 (real property);  (e) an oath required by Sections 43-8-132 and 43-8-133 (to make a last will and testament self-proving); or  (f) a durable power of attorney executed pursuant to Chapter 1 of Title 26.
  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.
Analysis:

Alabama 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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