UT Senate Bill 188 | NNA
Law

UT Senate Bill 188

Notary Law Update: UT Senate Bill 188

State: Utah

Summary:

Senate Bill 188 enacts the Uniform Unsworn Declarations Act, allowing unsworn declarations of many types to replace sworn statements before a Notary.

Signed:  March 19, 2018

Effective:  May 18, 2018

Chapter: TBD

Affects:

Creates Sections 78B-18a-101 through 78B-18a-108 in the Utah Code Annotated

Changes:

This bill: 

  1. Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath. 
  2. Clarifies that an unsworn declaration may be made by a declarant who at the time of making it is located within or outside of the United States, whether or not the jurisdiction is subject to the jurisdiction of the United States. 
  3. Prescribes that if a Utah law requires or permits use of a sworn declaration, an unsworn declaration has the same effect as a sworn declaration. 
  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, (d) a declaration to be recorded Under Utah Code Annotated Title 57; or (e) an oath required by UCA 75-2-504 (to attest to the execution of a last 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:

Senate Bill 188 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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