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CT House Bill 5377

Legislation

State: Connecticut
Signed: May 10, 2010

Effective: October 01, 2010
Chapter: Public Act No. 10-33

Summary

Connecticut 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. 

Affects

Adds new as yet uncodified sections to the Connecticut General Statutes.

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 Connecticut 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. Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
  5. Prescribes the form for an unsworn declaration.
Analysis

Connecticut enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws [NCCUSL]). The UUFDA essentially 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). However, Connecticut did not adopt the provisions in the original version adopted by NCCUSL which excludes certain sworn declarations related to real property that are destined for a county recorder and self-proving affidavits related to last wills. Thus, the Act applies to any sworn declaration that must be made abroad.

Read House Bill 5377.

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