53-601. Unsworn declarations; written declaration sufficient, form; exceptions; relationship to notarial acts.
53-601
53-601. Unsworn declarations; written declaration sufficient, form;exceptions; relationship to notarial acts.(a) Except as provided by subsection (b), whenever alaw of this state or any rules and regulations, order or requirementadopted or issued thereunder requires or permits a matter to be supported,evidenced, established or proved by the sworn written declaration,verification, certificate, statement, oath or affidavit of a person, suchmatter may be supported, evidenced, established or proved with the sameforce and effect by the unsworn written declaration, verification,certificate or statement dated and subscribed by the person as true, underpenalty of perjury, in substantially the following form:
(1) If executed outside this state: "I declare (or verify, certify or state)under penalty of perjury under the laws of the state of Kansas that theforegoing is true and correct. Executed on (date).
___________________________ (Signature)"
(2) If executed in this state: "I declare (or verify, certify or state)under penalty of perjury that the foregoing is true and correct. Executed on (date).
___________________________(Signature)"
(b) The provisions of subsection (a) do not apply to the following oaths:
(1) An oath of office.
(2) An oath required to be taken before a specified official other than a notary public.
(3) An oath of a testator or witnesses as required for wills, codicils,revocations of wills and codicils and republications of wills and codicils.
(c) A notarial act performed prior to the effective date of this act isnot affected by this act. Nothing in this act diminishes or invalidates therecognition accorded to notarial acts by other laws of this state or rulesand regulations adopted thereunder.
(d) On or after July 1, 1989, whenever an officer or partner listed insubsection (b) of K.S.A. 17-2718, subsection (c) of K.S.A. 17-7503,subsection (c) of K.S.A. 17-7504, subsection (c) of K.S.A. 17-7505,subsection (d) of K.S.A. 56-1a606 or subsection (d) of K.S.A. 56-1a607 andamendments thereto is required to execute a report before a notary or swearan oath before an officer authorized to administer oaths, in lieu thereof,such person may execute an unsworn declaration if such declaration is insubstantial conformity with subsections (a), (b) and (c) of this section.
(e) On or after July 1, 1990, subsections (a), (b) and (c) of thissection shall have general application.
History: L. 1989, ch. 93, § 1; July 1.