Legal framework of the sworn statement
- Notary Code (Decree 314) — governs the notary's authority to receive statements under oath.
- Criminal Code (Decree 17-73), Article 459 and following — defines the offenses of perjury and false testimony.
- Civil and Commercial Procedural Code and Criminal Procedural Code — admit sworn statements as evidence in several proceedings.
What exactly is a sworn statement?
It is a notarial act in which a person, called the declarant, appears before a notary public and declares under oath a personal fact, a situation they know of, or a commitment. The notary:
- Verifies the declarant's identity (valid DPI national ID).
- Administers a solemn oath or affirmation to tell the truth.
- Records the statement verbatim in a notarial act.
- Warns the declarant of the criminal consequences of declaring falsely.
- Signs the document together with the declarant, attesting to the act.
Common uses of the sworn statement
Bank and financial procedures
- Source of funds: required for large deposits, significant real estate investment, and international transfers under anti-money-laundering regulations.
- Account opening: declarations of beneficial ownership and purpose of the account.
- Loan applications: declarations of income and financial situation when documentary evidence is incomplete.
Immigration procedures
- Invitation letters with a sworn statement from the host.
- Travel authorizations for minors with a sworn statement from the parent or guardian.
- Domicile statements for residence permits.
Employment-related procedures
- MINTRAB (Ministry of Labor): statements regarding payrolls and labor situations.
- Income certifications for workers without a formal payroll.
- Statements of single status, marital status or economic dependence for employee benefits.
- Statements of no other employer (relevant for tax and social-security regimes).
Government and administrative procedures
- SAT (Tax Authority): declarations of activity, of not being affiliated with another regime, source-of-funds declarations, taxpayers in special regimes.
- IGSS (Social Security): survival statements (so retirees keep receiving their pension), economic dependence statements, survivor benefits for widows.
- Municipal: declarations for licenses and permits.
Personal status procedures
- Single status: required to marry abroad or before a religious authority that requests it.
- Civil status: declarations of common-law union or separation.
- Economic dependence: to register beneficiaries with insurers, IGSS or educational institutions.
- No criminal record: for some countries or institutions that do not have direct access to the registries.
Education and scholarships
- Declaration of not having previously received a scholarship.
- Declaration of household income for subsidies.
- Declaration of not receiving support from another institution.
Judicial proceedings
- Statements to prove facts that do not require an eyewitness.
- Support for lawsuits, criminal complaints or defenses.
- Ratification of facts previously communicated.
Corporate
- Compliance statements (regulatory compliance).
- Statements for public tenders.
- Statements of no conflict of interest.
- Source-of-funds statements in regulated transactions.
Special types of sworn statement
Asset disclosure (patrimonial) sworn statement
Mandatory for public officials under the Anti-Corruption Law. It lists assets, income and debts.
Source-of-funds sworn statement
Required in transactions covered by anti-money-laundering regulations: large bank deposits, significant real estate investment, international transfers.
Compliance sworn statement
Documents in which legal representatives certify the company's compliance with specific rules. Critical in corporate compliance programs and public tenders.
What happens if you declare falsely?
Perjury and false testimony are crimes in Guatemala (Criminal Code, Article 459 and following). A false sworn statement can result in:
- Perjury: up to 3 years in prison.
- Ideological falsehood in an authentic document: up to 6 years in prison.
- Fraud charges if economic benefit was obtained through the false statement.
- Annulment of the procedure obtained with the statement.
- Civil liability for damages.
For this reason, before taking the statement, the notary expressly warns of these consequences — and that warning is recorded in the notarial act.
Procedure: how a sworn statement is made
- Arrive with a valid DPI (national ID) at the notary's office.
- Explain what you need to declare and to which authority or procedure it is addressed.
- The notary drafts the act with your statements (or you bring them drafted and the notary reviews them).
- The notary administers a solemn oath or affirmation to tell the truth.
- You read and sign the act together with the notary.
- You receive the original with the notary's certification. The notary keeps a copy in their archive.
The typical process takes 30 minutes to one hour.
Form of the document
A sworn statement can be instrumented in two ways:
- Notarial act: for stand-alone, self-contained statements. This is the most common form.
- Footer declaration: when made within a broader document (e.g., administrative applications with a field for a statement under oath).
Common mistakes
- Declaring without knowing what the authority requires: SAT, IGSS or a university may require a specific format.
- Declaring under pressure without understanding what you sign: always read before swearing.
- Omitting relevant information: declaring partially can be just as serious as declaring falsely.
- Using an old statement for a new procedure: many authorities require recent statements (30, 60 or 90 days).
- Declaring facts not personally known to you: you can only swear to what you know directly.
Frequently asked questions
Does a sworn statement expire?
The document itself does not legally expire, but authorities typically require recent statements (30, 60 or 90 days). For SAT, IGSS or immigration procedures, prepare the statement close to the filing date.
Can I draft the statement myself and just bring it to be signed?
Yes — if you bring it drafted, the notary can simply certify the signature and oath. We recommend, however, that the notary review the content first, because some formats do not meet what the authority requires and the procedure can end up rejected.
Do I need witnesses for a sworn statement?
No. It is a notarial act between the declarant and the notary. No witnesses are required unless the destination authority specifically asks for them.
Is a sworn statement valid as evidence in court?
Yes — it has probative value. It is not absolute proof (the judge weighs it against other evidence) but it is an authentic document and any falsehood exposes the declarant to perjury.
Can several people declare together in a single act?
Yes, several can declare in the same notarial act, provided each is responsible for their own statements. This is common in family or joint declarations (witnesses to the same fact, joint economic dependence).
How much does a sworn statement cost?
It is one of the most affordable notarial services. The cost varies by notary, complexity and urgency. We will quote you when we evaluate the case.
Can a sworn statement be used abroad?
Yes, but it requires an additional step: MINEX apostille for countries that are party to the Hague Convention, or consular legalization for non-Hague countries. A sworn translation is also needed if the destination language is not Spanish.