DE Senate Bill 262 | NNA
Law

DE Senate Bill 262

Notary Law Update: DE Senate Bill 262

State: Delaware

Summary:

Delaware 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. 

Signed:  July 02, 2010

Effective:  July 02, 2010

Chapter: 332

Affects:

Adds Chapter 53A to Title 10 of the Delaware 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 Delaware 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 public, (d) a document intended for recording in the real estate records under Delaware Code Title 25; or (e) an oath under Delaware Code Title 12 Section 1305 (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.
Analysis:

Delaware enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws). 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, a document that is to be recorded with a county recorder or a self-proving affidavit on a will.

Read the bill text.

Knowledge Center