When you have been given a document that needs to be signed by an official, the document will often say who can be your witness, or in the instructions provided alongside it. Often a commissioner for oaths is one of the list, as is a solicitor, notary public, a Justice of the Peace or any other qualified person. Solicitors and notaries are automatically qualified to be a commissioner for oaths. But who to ask? This often depends on the document and where it is to be used. If it is written up for you and contains the phrase “Statutory Declarations Act 1835” it is typically for use in England and Wales. This can often be used for declarations of solvency, name differences and rental property deposit schemes. According to LexisNexis:
“The Statutory Declarations Act 1835 established the legal framework for statutory declarations in the UK, enabling individuals to formally declare facts or information in a non-judicial context. This Act sought to provide an alternative to affidavits, removing the need for religious oaths and simplifying legal processes. It clarified the procedure, format, and guidelines required for making such declarations, ensuring uniformity and legal validity. The legislation contributed to greater efficiency and accessibility within the legal system by allowing declarations to be made before various authorised persons, such as justices of the peace, solicitors, and commissioners for oaths.”
The aim of this act is to make it easier and cheaper for people to make binding statements. If the document is ready to be completed, and all that is needed is for the client and the commissioner to sign and date the document, the fee is £5 and £3 for any exhibit that is needed. If you need help to draft the document, many notaries and solicitors can do this for you, but the charge will be higher, typically inline with their hourly rate.
If your document is being used outside of the UK, and you have been asked for a statutory declaration, then it can become a notarial matter and the recipient will not actually want the document to be witnessed by a commissioner for oaths nor a solicitor, but a notary. The statements are often drafted in accordance with the governing law of the recipient country.
Sometimes, particularly with overseas jurisdictions, a statutory declaration is not enough and the recipient will need an affidavit to be signed and sworn under oath. This often requires a holy book to be sworn on. If religion isn’t for you, then you can take an affirmation.
The notary qualification is internationally recognised but has not only differing qualification routes in different countries but their roles differ too, however they are almost always requested when completing official and/or important documents for use overseas. We have looked at declarations and affidavits, but there are other documents such as power of attorneys, identity verification and document verification that all need notarisation. Some documents (like degrees) need only the notary to sign them for you, and others (like a power of attorney) will need both the client and the notary to sign.
To decide whether or not you need a notary or a commissioner of oaths, you will need to look at both the document and at what the recipient expects and wants. English and Welsh declarations drafted in accordance with the act need a commissioner of oaths, overseas documents typically need a notary.
If you have a question about your documents and requirements, please do not hesitate to get in touch to discuss them.