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Law

ND House Bill 1109

Notary Law Update: ND House Bill 1109

State: North Dakota

Summary:

House Bill 1109 enacts the Uniform Unsworn Domestic Declarations Act, allowing certains written and oral oaths to be declared under penalty of perjury without a Notary.

Signed:  March 11, 2019

Effective:  August 01, 2019

Chapter: TBD

Affects:

Creates Sections 31-15-01 through 31-15-06 in the North Dakota Century Code.

Changes:
  1. Defines terms.
  2. Provides that an unsworn declaration meets the requirements of any law that requires or permits use of a sworn declaration.
  3. Exempts depositions, an oath of office, an oath required to be given before a specified official other than a Notary, a document intended for recording in the real estate records in the office of county recorder or an oath for a self-proved will.
  4. Provides that if a North Dakota law requires a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium
  5. Provides the form for an unsworn declaration.
Analysis:

House Bill 1109 enacts the Uniform Unsworn Declarations Act. It would allow most notarizations that involve a jurat or verification of a sworn written statement to be declared under penalty of perjury instead. However, certain sworn statements remain required, such as statements that must be recorded in the land records and affidavits that make a last will "self-proving." Those must still be notarized.

Read the bill text.

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