Wednesday, 26 October 2016 00:00

Perjury Language

To improve access to the courts and to facilitate the electronic filing of court documents, a new Minnesota Statute became effective not long ago, stating that, unless specifically required by a court rule, a document need not be notarized to be filed with a Minnesota state court.  In other words, there is no general requirement for notarization, and any historical practice or common usage that implies a notarization requirement, such as calling a document an “affidavit,” does not actually require notarization.

Instead, a document that requires “verification upon oath or affirmation” can achieve that characteristic with the inclusion of simple "perjury language.”   The text suggested by the statute is “I declare under penalty of perjury that everything I have said in this document is true and correct.”  Minn. Stat. § 358.116.  That text must appear immediately above the signature, and the document must, somewhere, include the date of signature and the county and state where it was signed.

Example:

* * *

I declare under penalty of perjury that everything I have said in this document is true and correct.

Signed [DATE] in [COUNTY], [STATE].  _____________________________

Importantly, this change only directly affects the requirements for filing a document with a Minnesota state court.  It does not directly affect any documents that must be verified to satisfy a requirement other than a Minnesota state court rule, and it does not directly affect any document that must be acknowledged as opposed to verified.  (For example, under Minn. Stat. § 523.23, subd. 3, a Minnesota short form power of attorney must be acknowledged, and under Minn. Stat. § 507.24, to be recordable, a real estate conveyance must be acknowledged.)

So, for documents to be filed in a Minnesota state court, many documents that had historically included notarization can avoid the involvement of a notary public and now use “perjury language” instead.  However, there are numerous other requirements for notarization, such as in the acknowledgment of real estate documents, that are unaffected by the recent statutory change.

NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH.

Published in Legal
Sunday, 14 June 2015 00:00

Still Attached To Paper Clips

Today when you file through the Minnesota Secretary of State's office you cannot add attachments. But guess what? Capitol Lien has the ability to e-File your UCC forms along with any PDF attachment; whether it's a collateral exhibit, inventory list, invoice, etc. Once we review your filing for accuracy, we have the ability to file it instantaneously.

While this service is both rare and exclusive, there are no additional fees or premiums "attached," and every filing receives the diligence we are famous for. We provide you with an instant recorded UCC filing as well as instant peace of mind.

When diligence is due.


Did You Know?

Once you file a UCC or lien, it can become out of sight, out of mind. However, conducting a Post Lien Search is of the greatest importance for double checking to make sure the filing is on record and indexed correctly. We offer discounted service fees when you select this service in conjunction with submitting your UCC through [2]E-Z File.

Go For the Reverse Search

Also known as ‘Secured Party Search’ this process reveals UCC financing statements that are filed by that specific secured party rather than by the debtor name. The search criteria used is reverse of a regular UCC search. In the states where this is available you may also be able to filter the search by city or zip code(s). Capitol Lien offers Secured Party Searches in selected States for $100 per name.  Prices vary by state and some of those states vary by number of results. Please note that some states do not allow for these searches at all. Here are a few more services to run with: 

DATABASE DIRECT

  • MN - Database & Image Library
  • WI- Image Library
  • Enhanced Search Logic
  • UCC & Tax Lien Copies Instantly
  • $3 Debtor Name Searches
  • $2 per Doc for Copies. 

UCC E-Z FILE

  • Instantly e-File with Attachments
  • Comprehensive Reporting Capabilities
  • Track Filings for Continuation

Parting Thoughts on the Paper Clip

The more advanced technology becomes, it's easy to overlook the need for basic usefulness. Take the paper clip for example, since its introduction in the late 1800s, its utility remains timeless. You might think of the online tools and personal touch Capitol Lien provides in the same way--we hold all things together for you with diligence. So wire us into your needs today.

Put our experts to work for your business, call Ryan Baker at 1-800-845-4077. 

Published in UCC