Is a declaration the same as an affidavit?

A declaration is an unsworn written statement made under penalty of perjury and may substitute for an affidavit where allowed; an affidavit is typically sworn and notarized. Check the receiving authority’s rules before choosing one form over the other.

Can I sign electronically?

Electronic signatures are valid under the ESIGN Act and UETA where the recipient accepts them; ensure the electronic method meets any required authentication and that the recipient does not require a notarized oath.

What wording is required?

Use the perjury clause explicitly required by the recipient when specified (for example, the statement referencing penalty of perjury under U.S. or state law). If the agency provides exact language, use that wording verbatim.

Do I need a notary or witness?

Some recipients accept unsworn declarations while others require notarized affidavits or witness signatures; confirm acceptance criteria and remote notarization rules with the recipient or applicable state law.

What happens if information is false?

Willfully false statements can lead to criminal perjury charges, civil penalties, denial of benefits, and disciplinary consequences. Always verify facts and consult counsel if unsure.

How long should I keep the signed copy?

Retain the signed declaration and any supporting records for at least three years, and longer if industry rules apply (e.g., six years for HIPAA-related records).

Electronic Signature
Templates
Other
Declaration Under Penalty of Perjury

Declaration Under Penalty of Perjury

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the Declaration Under Penalty of Perjury Is and when it’s used

A Declaration Under Penalty of Perjury is a written statement signed by an individual who affirms the truth of the facts stated and acknowledges criminal penalties for willful falsehood. In the United States it serves as an unsworn affidavit substitute in many administrative, tax, immigration, and civil contexts where statute or form language permits a sworn statement without a formal oath administered by a notary. The declaration must identify the declarant, state facts clearly, include a signature and date, and typically references the federal or state statute that attaches perjury penalties.

Why a clear Declaration Under Penalty of Perjury matters

A well-prepared declaration creates a concise, legally meaningful written record that can substitute for an affidavit in many administrative and court-adjacent processes, reduce processing delays, and limit disputes about factual statements.

Typical users and scenarios for this declaration

Use the declaration only when the receiving authority accepts unsworn written declarations; some courts or agencies still require notarized affidavits.

Individual filers providing factual claims on tax or immigration forms, such as residency or income statements, where a sworn statement is required by the receiving agency.
Attorneys or authorized representatives certifying factual attachments to filings where client facts must be verified in writing.
Business officers or signatories certifying corporate statements for contracts, licensing, or statutory attestations where personal knowledge is asserted.

Step-by-step: complete and certify a Declaration Under Penalty of Perjury

Follow these sequential steps to prepare a declaration that aligns with common administrative and legal expectations.

01

1. Collect facts: Assemble supporting records and verify factual accuracy before drafting.
02

2. Draft clear statements: Number each factual assertion; keep language plain and factual.
03

3. Insert perjury clause: Add the precise statutory declaration language required by the recipient.
04

4. Sign and date: Sign in ink or apply an accepted electronic signature and add the date.

How the declaration typically moves through a process

A declaration often follows a simple submit-review-file cycle; understanding each step helps avoid delays.

Prepare: Draft facts, attach supporting documents.
Certify: Sign under the required clause; notarize if requested.
Submit: Send to agency, court, or recipient via accepted method.
Retain: Keep copies and proof of submission for retention compliance.

Typical digital workflow settings for online completion

Configure these fields and settings when preparing an online declaration form to ensure valid execution and chain-of-custody.

Field	Configuration
Signature Field	Required; date stamp enabled; signer must initial
Identity Verification	Email + SMS code or stronger KBA where required
Attachment Requirement	Optional file upload for supporting documents
Retention Setting	Enable audit trail retention and exportable certificate

Digital signing and platform considerations

Confirm the receiving agency accepts electronic submissions and that the chosen platform meets any statutory requirements for retention and proof.

Authentication: Email link, SMS code, KBA, or multi-factor
Audit Trail: IP, timestamp, action history retained
File Formats: PDF, DOCX supported for signed export

Timing and common submission deadlines to note

Timely submission depends on the recipient form or process; observe the receiving authority's deadlines to avoid penalties or processing delays.

Tax reporting requests:

Provide W-9 information upon payer request; no fixed federal filing deadline

1099 information:

Provide payee declarations to avoid backup withholding at 24%

Court and agency filings:

Follow specific filing schedule—deadlines set by court or agency rules

Immigration forms:

Submit with application package by the application deadline

Notarization windows:

If notarization required, schedule before the recipient deadline

Key milestones from drafting to archival

Track these stages from initial drafting through final retention to maintain compliance and evidentiary value.

01

Drafting Completed

All facts assembled and draft reviewed before signing

02

Execution

Declaration signed and dated by declarant

03

Submission

Document delivered to recipient by accepted method

04

Record Retention

Store signed copy and audit trail per retention rules

Common mistakes to avoid when preparing a declaration

Vague or argumentative language that mixes facts with legal conclusions, undermining clarity and enforceability.
Mismatched names or dates between attachments and the declaration, triggering verification rejections or requests for correction.
Omitting the precise perjury clause or using incorrect statutory language when a specific form requires exact wording.
Using an unsupported electronic signature method where the recipient requires notarization or stronger authentication.

Security and compliance controls to protect signed declarations

In-transit encryption: TLS 1.2/1.3

At-rest encryption: AES-256

Audit trail: Tamper-evident event log

HIPAA support: BAA available where required

Regulatory standards: ESIGN, UETA, 21 CFR Part 11

Certifications: SOC 2 Type II, ISO 27001

Penalties and legal risks for false declarations

Perjury Offense: Criminal penalties including fines

Imprisonment: Possible custodial sentence for willful falsehood

Civil Consequences: Claims can be voided or rejected

Professional Risk: Licensure sanctions for false statements

Tax Penalties: Backup withholding or IRC penalties

Evidence Exclusion: Court may discount unreliable declarations

How a Declaration Under Penalty of Perjury compares to an affidavit

This table summarizes practical distinctions between a declaration under penalty of perjury and a traditional notarized affidavit.

Document Type	Declaration	Affidavit
Notarization Required	typically not required	typically required
Formality Level	less formal	more formal
Typical Uses	agency/court-adjacent filings	court testimony or evidence
Evidentiary Weight	high when truthful	high with notarization

eSignature vendor comparison for executing declarations

Basic pricing and capability distinctions among commonly used eSignature vendors. Confirm plan details with each vendor for specific features and enterprise terms.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no card	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes (BAA)	Yes (BAA)	No	No

Frequently asked questions about declarations under penalty of perjury

Answers to common execution, admissibility, and electronic signing questions to help ensure your declaration is accepted and enforceable.

Need help? Contact support

Is a declaration the same as an affidavit?
A declaration is an unsworn written statement made under penalty of perjury and may substitute for an affidavit where allowed; an affidavit is typically sworn and notarized. Check the receiving authority’s rules before choosing one form over the other.
Can I sign electronically?
Electronic signatures are valid under the ESIGN Act and UETA where the recipient accepts them; ensure the electronic method meets any required authentication and that the recipient does not require a notarized oath.
What wording is required?
Use the perjury clause explicitly required by the recipient when specified (for example, the statement referencing penalty of perjury under U.S. or state law). If the agency provides exact language, use that wording verbatim.
Do I need a notary or witness?
Some recipients accept unsworn declarations while others require notarized affidavits or witness signatures; confirm acceptance criteria and remote notarization rules with the recipient or applicable state law.
What happens if information is false?
Willfully false statements can lead to criminal perjury charges, civil penalties, denial of benefits, and disciplinary consequences. Always verify facts and consult counsel if unsure.
How long should I keep the signed copy?
Retain the signed declaration and any supporting records for at least three years, and longer if industry rules apply (e.g., six years for HIPAA-related records).

Explore Templates

Massage Therapy Intake Form Psychotherapy Online Form Massage Intake Form Client Intake Form Counseling Intake Form CPCA Short Intake Form

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now