DC B18-0427 | NNA
Law

DC B18-0427

Notary Law Update: DC B14-0427

State: Washington DC

Summary:

The District of Columbia enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the National Conference of Commissioners on Uniform State Laws. Subject to the limitations prescribed in the Act, the UUFDA permits a person living or traveling outside of the U.S. with a need to 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.

Signed:  July 23, 2010

Effective:  July 23, 2010

Chapter: Act No. 18-0380

Affects:

Adds Sections 16-5302 through 16-5308 of the Code of the District of Columbia

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 District 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 in place of 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 public, and (d) declaration to be recorded with the Recorder of Deeds.
  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:

The District of Columbia 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) provided that the declaration is made outside of the United States and does not affect a deposition, an oath of office and a document that is to be recorded with the Recorder of Deeds. The District chose not to adopt the UUFDA provision exempting self-proving affidavits to a last will and testament.

Read the bill text.

Knowledge Center