AR House Bill 1884 | NNA
Law

AR House Bill 1884

Notary Law Update: AR House Bill 1884

State: Arkansas

Summary:

Arkansas enacts the Uniform Unsworn Foreign Declarations Act (UUFDA), giving unsworn declarations made under penalty of perjury the same legal effect as a sworn oath or affirmation before a Notary or notarial officer.

Signed:  April 05, 2017

Effective:  July 31, 2017

Chapter: Act No. 889

Affects:

Adds a new subchapter 2 to Title 16, Chapter 2 of the Arkansas 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 perjury. 
  2. Prescribes that if an Arkansas 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 Under Arkansas Code Title 16, Chapter 47, Title 18, Subtitle 2 or Title 26, Chapter 60; or (e) an oath required by Section 28-25-106 (to attest to the execution of a last 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. 
Analysis:

Arkansas 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 declaration to be recorded, or an affidavit attesting to the execution of a will.

Read the bill text.

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