Who is Authorised to take a statutory declaration?

Asked by: Ofelia Stroman Sr.  |  Last update: October 1, 2022
Score: 4.3/5 (53 votes)

A statutory declaration can be undertaken by a Lawyer, Notary Public, Justice of the Peace, or a court official and, in some countries, certain Police Officers. A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths.

Who is Authorised to take a statutory declaration UK?

A solicitor. A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice. A Notary Public – a lawyer who specialises in the authentication of legal documents internationally.

Who can take a statutory declaration in South Africa?

(1) A judge, the registrar, a magistrate, or a justice of the peace, a notary public and any commissioner for oaths may take and receive the statutory declaration of any person voluntarily making it before him or her and shall certify it under his or her signature.

Who can take statutory declarations in Australia?

A person currently licensed or registered to practice in Australia as one of the following occupations:
  • Architect.
  • Chiropractor.
  • Conveyancer.
  • Dentist.
  • Financial adviser or financial planner.
  • Legal practitioner.
  • Medical practitioner.
  • Midwife.

How do I get a statutory declaration NZ?

An affidavit must:
  1. contain all the written evidence that you want to present.
  2. be written in the first person (for example, 'I saw…', 'he said to me…')
  3. have your full name, what you do for a job and your address.
  4. be signed by you. ...
  5. Any alterations must also be initialled.

Swearing of documents / Statutory Declaration

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Who can witness a NZ statutory declaration?

Usually a witness can be anyone who:
  • is 18 years or older.
  • knows the person whose signature they are witnessing or has taken reasonable steps to verify their identity.
  • isn't a party to the document.
  • if the document is a trust deed, isn't a beneficiary of the trust.

Who can certify documents NZ?

The following people are authorised to certify documents:
  • Your agent (if you applied for admission through an authorised agency)
  • A Lawyer.
  • A Notary Public.
  • A Justice of the Peace.
  • A Commissioner of Oaths.
  • A Court Registrar or Deputy Registrar.
  • A Member of Staff at a New Zealand Embassy.

Who can witness signing documents?

Anyone 18 years and over can witness or sign a will, but importantly, a beneficiary can't witness a will, and neither can their spouse or civil partner. In many cases, people will ask a friend or work colleague to sign and witness the will.

Who is an Authorised witness for a stat dec NSW?

A statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness – usually a Justice of the Peace (JP), a lawyer or a notary public.

Can a family member witness a signature?

There is no general rule that says a family member or spouse cannot witness a person's signature on a legal document, as long as you are not a party to the agreement or will benefit from it in some way.

Who is a commissioner for oaths?

A Commissioner for Oaths is a person who is authorised to witness the signing of important legal documents, including affidavits and statutory declarations. They are appointed by the Chief Justice and are usually, though not always, a solicitor. All practicing solicitors can also administer oaths.

Is the police a commissioner of Oaths?

The Minister may by notice in the Government Gazette designate the holder of any office as a Commissioner of Oaths such as an Attorney, Bank Manager or Police Officer.

Who can be a commissioner of Oaths in South Africa?

According to s5 of the Act, a commissioner of oaths can be any person appointed as such by the Minister of Justice (Minister) or appointed by any officer of the Department of Justice with the rank of a director authorised in writing by the Minister.

Do I need a solicitor for a statutory declaration?

A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. It has to be signed in the presence of a solicitor, commissioner for oaths or notary public.

Can a non Practising solicitor witness a statutory declaration UK?

Who can witness a statutory declaration? Under the Act, a statutory declaration can be made before anyone who is authorised by law to administer oaths. As such, a statutory declaration may be made in the presence of: a practising solicitor.

Can a notary public witness a statutory declaration?

You may need a notary public to witness an affidavit (a written and sworn statement of facts under oath) or a statutory declaration (a formal statement but not sworn) for a foreign jurisdiction. You may need an affidavit during divorce proceedings, property disputes or cases of debt.

Can a pharmacist witness a statutory declaration in NSW?

The full list of authorised witnesses is included on the statutory declaration form as well as being listed below. An authorised witness can include someone such as a doctor, teacher, pharmacist, bank officer or a vet.

Who is a commissioner for declarations NSW?

Functions of a Commissioner for Declarations (CDs)

Commissioners serve the public by signing documents that need a qualified witness. Although the role of a CD is purely administrative, Commissioners are empowered to exercise some of the ministerial functions of justices. A CD can: witness signatures to documents.

Who can witness affidavit NSW?

An affidavit is a written statement where the contents are sworn or affirmed to be true. Affidavits mu​st be signed in front of a witness who is an "authorised person". An authorised person includes a Justice of the Peace (JP), a solicitor or barrister.

Can my husband witness my signature?

Answer: Generally speaking, it is best practice to have a third party witness your signature. Therefore, you should avoid getting your wife or husband to witness your signature. This is especially the case if your wife or husband is party to the agreement you are signing, or if you are signing a deed.

Can my sister witness my will?

Your sister can't be a witness to the will since she's a direct beneficiary. And since her husband has an indirect interest in the terms of the will through her, he wouldn't qualify as a witness either. But married couples can witness a will together, as long as they don't have an interest in it.

Can a friend be an independent witness?

Who Can Be A Witness? A witness must be an independent adult who isn't related to the testator and has no personal interest in the Will. A neighbour or family friend is ideal.

Who is a notary public in NZ?

A notary public (sometimes called a notary or a public notary) in New Zealand is a lawyer authorised by the Archbishop of Canterbury in England to officially witness signatures on legal documents, collect sworn statements, administer oaths and certify the authenticity of legal documents for use overseas.

Where can I certify documents?

How to certify your documents. Take your original documents as well as the photocopies to your nearest police station, post office, or lawyer's office. Ask them to certify the documents, and they will stamp them. Some places may have a limit on how many copies they will certify so you may want to phone and check first.

Can a police officer certify a document?

Documents needing certifying or notarising can be certified by a Justice of the Peace, Notary Public, Solicitor or New Zealand Police Officer.