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.
No. 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.
Basically, a Statutory Declaration affirmed before a Commissioner for Oaths is for local purposes. Conversely, subject to the laws of the land, this does not prevent any other country from accepting any Statutory Declaration affirmed before a Commissioner for Oaths in Malaysia.
If the mental disorder affecting the deponent is not continuous, the Commissioner for Oaths must ensure that when the deponent places his signature on the document, he is of a healthy mind and understands the subject matter of the oath.
The Commissioner for Oaths must ensure that the child understands the subject matter involving the oath. The child must also be present together with his/her family member. If the Commissioner for Oaths is of the view that the subject matter involving the oath is prejudicial to the child’s benefit, the Commission for Oaths may refuse to undertake his function under Rule 11(2)(e).
Yes, but the Commissioner for Oaths must ensure that the deponent understands the subject matter and nature of the oath after reading and explaining the contents of the documents together with the exhibits annexed. (Rule 11(2)(b))
No. All deponents must appear simultaneously on the same date and time before the Commissioner for Oaths. This is to prevent any conflict that may arise from the non-appearance of any of the deponents on the same time and date.
Only the deponent of a statutory declaration or an affidavit may sign a document. It is prohibited for a donee under a Power of Attorney to attest a statutory declaration or affidavit on behalf of a donor unless it is under his name.
No. representative of a deponent is allowed. A Commissioner for Oaths shall only affix his seal to any document when all deponents have signed the declaration/document in his presence. He must ensure any statutory declaration or document brought to him does not have elements of deception, fraud, duress or involve any other illegal conduct.
Any person who wishes to attest to a document must personally appear before the Commissioner for Oaths. A Commissioner for Oaths shall not affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint on the document before him. Contact us for more
The services of a Commissioner for Oaths is limited to the address approved by the Chief Justice of the Federal Court. The premise located at the approved address must fulfil the criteria of an office. A Commissioner for Oaths is prohibited from carrying his services in inappropriate locations such as under a tree, under a flight of stairs, within an eating area, or any other places that are deemed unsuitable and does not conform to the definition of an office.
Typically, a Commissioner for Oaths can affirm affidavits and statutory declarations. A Commissioner for Oaths can also attest a Power of Attorney. Administer an oath for the following:-
- the justification for bail;
- taking any affidavit or affirmation;
- swearing executors and administrators; and
- 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.
A Commissioner for Oaths shall personally attend to any person requiring his services, 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. (Rule 11(2))
- verify the identity, the personal particulars as given in the identity card or passport or any other official identification documents, and the address of the person making the declaration, affirmation, affidavit, oath or statement before the Commissioner for Oaths;
- read over and explain the contents of the documents and the exhibits attached to the documents, if the deponent or maker of the document is blind, illiterate or does not understand the language written in the document, before the Commissioner for Oaths certify that he has done so in the jurat;
- initial, affix small seal and ensure the deponent initial any alteration made in the document to be sworned or affirmed;
- not affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint on the document before him;
- refuse his service when the Commissioner for Oaths has credible cause to suspect that any person before him is engaged in deception, fraud, duress, or any other illegal conduct;
- carry out the functions of his office in a prompt, reasonable, efficient and with integrity; and
- make himself available to conduct all functions of his office at regular and reasonable time.