IN House Bill 1350 | NNA
Law

IN House Bill 1350

Notary Law Update: IN House Bill 1350

State: Indiana

Summary:

Indiana 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:  March 12, 2010

Effective:  October 01, 2010

Chapter: Public Law No. 57

Affects:

Adds new Article 34-59 to the Indiana 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 an Indiana 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) declaration to be recorded pursuant to IC 32; and (e) an oath required under s. 29-1-5 (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:

Indiana 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.

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