Frequently Asked Questions (FAQ) for Commissioner For Oaths
* All Rules referred herein are the Commissioners for Oaths Rules, 2018
* All circulars referred herein are circulars issued by the Federal Court of Malaysia
1. What is the duty of a Commissioner for Oaths?
[Rule 11(2)] Essentially, a Commissioner for Oaths verifies the identity of the person making the declaration/document and a Commissioner for Oaths makes sure that the person understands the content of the declaration/document.
2. What can a Commissioner for Oaths do?
Typically, a Commissioner for Oaths can affirm affidavits and statutory declarations. A Commissioner for Oaths can also attest a Power of Attorney.
[Rule 9(1)] The powers of an advocate and solicitors appointed as a Commissioner for Oaths are as follows:-
(a) receive acknowledgements of a married woman as required by law to be taken before a public officer;
(b) receive acknowledgements of recognizances of bail or bail bonds;
(c) administer an oath for the following:-
(i) the justification for bail;
(ii) taking any affidavit or affirmation;
(iii) receiving and taking the answer, plea, demurer, disclaimer, allegation or examination of any party or parties to any action;
(iv) the examination of any witness upon any interrogatories or de benne esse or in chief on any other occasion;
(v) swearing executors and administrators; and
(vi) any persons in any action, matter or proceeding which is pending or about to be instituted in any court; and
(d) taking and receiving statutory declarations.
3. Can a Commissioner for Oaths backdate the affirmation of any documents?
No. A Commissioner for Oaths is not permitted to backdate the affirmation of any documents. A Commissioner for Oaths must insert the current date and it must be the same date as when the person signed the documents in front of the Commissioner for Oaths.
4. Can a Commissioner for Oaths refuse to provide his/her services?
[Rule 11(2)(e)] Yes, a Commissioner for Oaths may refuse to provide his/her service when the Commissioner for Oaths has credible cause to suspect that the person before him/her is engaged in deception, fraud, duress or any illegal conduct.
5. Can a Commissioner for Oaths affirm any pre-signed documents without the person being present?
[Rule 11(2)] No. This is a serious breach of the duty of a Commissioner for Oaths. The person must be present and sign the documents in front of the Commissioner for Oaths.
6. Can a Commissioner for Oaths go to the hospital or my office/house to affirm any document?
[Rule 15(1)(b)] The general rule is that a Commissioner for Oaths must only carry out his/her services at his/her approved office address.
[Rule 15(1)(2)] A Commissioner for Oaths may carry out his/her services at a venue different from his/her approved office address only in exceptional circumstances and with the prior approval of Chief Justice of the Federal Court of Malaysia.
7. I am asked to provide a certified true copy (CTC) of documents. Can a Commissioner for Oaths certify a document as a true copy of the original?
[Circular dated 13th June 2005] No. A Commissioner for Oaths is not authorised to certify any document as a true copy of the original.
8. Can a Commissioner for Oaths be a witness of a person’s execution of any agreement, letter or any documents?
[Circular dated 03rd November 2015] No. A Commissioner for Oaths is prohibited to be a witness of a person’s execution of any agreement, letter or any documents.
9. Can a Commissioner for Oaths affirm any statutory declaration which does not conform to the Statutory Declaration Act, 1960?
[Circular dated 03rd November 2015] No. A Commissioner for Oaths is not allowed to affirm any statutory declaration which does not conform to the format prescribed in the Statutory Declaration Act, 1960. The format can be found in the Schedule of the Statutory Declarations Act, 1960.
10. If two (2) or more persons are signing one (1) declaration/document, must they sign at the same time?
Yes. All the persons signing the declaration/document must be present before the Commissioner for Oaths and sign the declaration/document at the same time.
11. What are the fees/charges of a Commissioner for Oaths?
|No.||Type of document||Rate of Fees|
|1.||Original Affidavit||RM10.00 for each deponent|
|2.||Exhibit referred to in the original affidavit||RM5.00 for each exhibit|
|3.||Duplicate or copy of the affidavit||RM5.00 for each deponent|
|4.||Duplicate or copy of the exhibit||RM5.00 for each exhibit|
|5.||Document, affirmation, acknowledgement, deed or any other instrument||RM10.00 for each document|
|6.||Duplicate or copy of the document, affirmation, acknowledgement, deed or any other instrument||RM5.00 for each document|
Pursuant to a clarification made by Federal Court of Malaysia, the fees/charges for Statutory Declaration remains as RM4.00 for each declaration.
12. What do I need to bring along when I see a Commissioner for Oaths?
Apart from the documents which you require the Commissioner for Oaths to affirm, please bring your original identity document.
13. Do I have to make an appointment?
14. How long does it normally take for my document to be affirmed by the Commissioner for Oaths?
Depending on the type and nature of the documents, it would usually take about five (5) minutes.