MN House File 3318 | NNA
Law

MN House File 3318

Notary Law Update: MN House File 3318

State: Minnesota

Summary:

Minnesota 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:  May 10, 2010

Effective:  August 01, 2010

Chapter: 295

Affects:

Adds Section 358.110 to the Minnesota 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 Minnesota 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 in the office of the county recorder or registrar of titles; (e) an oath under section 524.2-504 (on a self-proved will); or (f) a power of attorney.
  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:

Minnesota 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, a self-proving affidavit on a will or a power of attorney. Minnesota is the first state to specifically exclude an unsworn declaration from being made in relation to a power of attorney document.

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