CHAPTER 1. UNIFORM UNSWORN FOREIGN DECLARATIONS ACT
IC 34-59
ARTICLE 59. UNIFORM UNSWORN FOREIGN
DECLARATIONS ACT
IC 34-59-1
Chapter 1. Uniform Unsworn Foreign Declarations Act
IC 34-59-1-1
Application
Sec. 1. (a) This chapter applies to an unsworn declaration by a
declarant who at the time of making the declaration is physically
located outside the boundaries of the United States, whether or not
the location is subject to the jurisdiction of the United States.
(b) This chapter 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
or a federally recognized Indian tribe.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-2
"Boundaries of the United States"
Sec. 2. As used in this chapter, "boundaries of the United States"
means the geographic boundaries of:
(1) the United States;
(2) Puerto Rico;
(3) the United States Virgin Islands; and
(4) any territory or insular possession subject to the jurisdiction
of the United States.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-3
"Law"
Sec. 3. As used in this chapter, "law" includes the following:
(1) The federal or a state constitution.
(2) A federal or state statute.
(3) A judicial decision or order.
(4) A rule of court.
(5) An executive order.
(6) An administrative rule, regulation, or order.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-4
"Record"
Sec. 4. As used in this chapter, "record" means information that
is inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-5
"Sign"
Sec. 5. As used in this chapter, "sign" means, with present intent
to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an
electronic symbol, sound, or process.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-6
"State"
Sec. 6. As used in this chapter, "state" means any of the
following:
(1) A state of the United States.
(2) The District of Columbia.
(3) Puerto Rico.
(4) The United States Virgin Islands.
(5) A federally recognized Indian tribe.
(6) Any territory or insular possession subject to the jurisdiction
of the United States.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-7
"Sworn declaration"
Sec. 7. (a) As used in this chapter, "sworn declaration" means a
declaration in a signed record given under oath.
(b) The term includes a sworn statement, verification, certificate,
and affidavit.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-8
"Unsworn declaration"
Sec. 8. As used in this chapter, "unsworn declaration" means a
declaration in a signed record that is not given under oath but is
given under penalty of perjury.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-9
Effect of unsworn declaration; application
Sec. 9. (a) Except as provided in subsection (b), if an Indiana law
requires or allows the use of a sworn declaration, an unsworn
declaration meeting the requirements of this chapter has the same
effect as a sworn declaration.
(b) This chapter does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other
than a notary public;
(4) a declaration to be recorded under IC 32; or
(5) an oath required by IC 29-1-5.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-10
Unsworn declaration; type of medium
Sec. 10. If an Indiana law requires that a sworn declaration be
presented in a particular medium, an unsworn declaration must be
presented in that medium.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-11
Unsworn declaration; form
Sec. 11. An unsworn declaration under this chapter must be in
substantially the following form:
I declare and affirm under penalty of perjury under the laws of
Indiana that the foregoing is true and correct, and that I am
physically located outside the geographic boundaries of the United
States, Puerto Rico, the United States Virgin Islands, and any
territory or insular possession subject to the jurisdiction of the
United States.
Executed on the __________ day of __________, _________, at
(date) (month) (year)
___________________________, __________.
(city or other location, and state) (country)
________________________
(printed name)
________________________
(signature)
As added by P.L.57-2010, SEC.2.
IC 34-59-1-12
Consideration for uniformity of the law
Sec. 12. In applying and construing this chapter, consideration
must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact the Uniform
Unsworn Foreign Declarations Act.
As added by P.L.57-2010, SEC.2.
IC 34-59-1-13
Electronic signatures; electronic delivery
Sec. 13. This chapter modifies, limits, and supersedes the federal
Electronic Signatures in Global and National Commerce Act (15
U.S.C. 7001 et seq.) but does not:
(1) modify, limit, or supersede 15 U.S.C. 7001(c); or
(2) authorize electronic delivery of any of the notices described
in 15 U.S.C. 7003(b).
As added by P.L.57-2010, SEC.2.