top of page

Understanding the Role of a Commissioner for Oaths



If you have ever needed legal documents or declarations affirmed, chances are you have crossed paths with a Commissioner for Oaths. But what exactly do they do, and what should you know when seeking their services? Let's address some common questions to shed light on this integral aspect of legal proceedings.

 

So, what tasks can a Commissioner for Oaths perform? Essentially, a Commissioner for Oaths verifies the identity of the person making the declaration or document and makes sure that the person understands the content of the declaration or document.

 

Their duties include affirming affidavits and statutory declarations and also attesting a Power of Attorney

 

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, such as, the justification for bail, taking any affidavit or affirmation;, receiving and taking the answer, plea, demurrer, disclaimer, allegation or examination of any party or parties to any action, the examination of any witness upon any interrogatories or de bene esse or in chief on any other occasion, swearing executors and administrators, any persons in any action, matter or proceeding which is pending or about to be instituted in any court, and taking and receiving statutory declarations.

 

When seeking the services of a Commissioner for Oaths, there are some important things to keep in mind. For example, documents must bear the current date and be signed in the presence of the Commissioner. Backdating documents is strictly prohibited, and Commissioners have the right to refuse service if they suspect any illegal conduct or deception.

 

Additionally, all signatories must be physically present when affirming documents. And, also, Commissioner for Oaths’ services are rendered at the registered office. However, exceptions can be made with prior approval of Chief Justice of the Federal Court of Malaysia.

 

It's also important to note that Commissioners for Oaths are not authorized to certify documents as true copies of originals. Furthermore, they cannot act as witnesses for document executions. Furthermore, Commissioners must adhere strictly to legal formats prescribed by relevant statutes. They are not permitted to affirm statutory declarations that do not conform to the format prescribed in the Statutory Declaration Act, 1960.

And also, what are the fees/charges of a Commissioner for Oaths? According to Rule 17Second Schedule, all fees/charges of a Commissioner for Oaths are prescribed. A Commissioner for Oaths cannot charge anything above and beyond the prescribed fees/charges.

 

No.

Type of Document

Rate of Fees (RM)

1.

Original affidavit

10.00 for each deponent

2.

Exhibit referred to in the original affidavit

5.00 for each exhibit

3.

Duplicate or copy of the affidavit

5.00 for each deponent

4.

Duplicate or copy of the Exhibit

2.00 for each exhibit

5.

Duplicate or copy of the exhibit to a statutory declaration

10.00 for each document

6.

Document, affirmation, acknowledgement, deed, or any other instrument

10.00 for each document

7.

Duplicate or copy of the document, affirmation, acknowledgement, deed, or any other instrument

5.00 for each document

 

Pursuant to a clarification made by Federal Court of Malaysia, the fees/charges for Statutory Declaration remains as RM10.00 for each declaration.


Remember to bring along the documents requiring affirmation and your original identification document for verification purposes.


With Donny Wong & Co., it is advisable to make appointments to ensure prompt service. You can WhatsApp us at +6018 288 6525 or call us at +603 6420 1294 or click this link : https://wa.me/60182886525 or contact us as below:-

 

 

Messrs. Donny Wong & Co.

📌:D2-U1-3 & 3A Solaris Dutamas (Publika), No. 1, Jalan Dutamas 1 50480 Kuala Lumpur

📞: (Conveyancing & Banking) +6011 1628 1943| +603 6420 1294

       (General) +6018 288 6525

 

 

Legal Disclaimer


We trust that you have gained some information from this article. If you have any specific questions related to this article, please contact us at askdwc@dwc.com.my.


The article posted is for general information purposes only and should not be construed as legal advice. Facts and circumstances differ from case-to-case. Please consult your lawyer for specific legal advice and action to be taken.

 

 

 

Comentários


bottom of page