A commissioner for oaths is one of the important terms that almost every Singapore citizen and foreigner looking to get appointed as a commissioner for oaths should definitely know.
We are very well aware that many might not be aware of the Commissioner of oaths. Considering the situation, we have come up with complete details regarding the same, followed by qualification criteria.
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What is Commissioners for oaths?
A Commissioners for oaths is typically a court interpreter, lawyer, an officer employed by a government department, a statutory board, a government-linked company, or an employee of a designated non-profit organization who is the perfect fit for the administer oath job. The Board of Commissioners does all such appointments for Oaths and Notaries Public.
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Who is Qualified to be a Commissioner for Oaths?
The board of commissioners for Oaths and notaries has the complete authority to employ lawyers as the Commissioners for Oaths only if they fulfill the following criteria:
- The lawyer must hold a minimum of 10 years of expertise in active legal practice or service; and
- The lawyers must be at least 35 years of age to get eligible for an appointment.
In contrast, the individual who is not lawyers willing to be appointed as a commissioner needs to meet the following criteria:
- They must minimum of 25 years of age.
- Must possess GCE “O” Level academic qualifications or their equivalents.
- A minimum of one year’s employment within their organization.
What do Commissioners for Oaths do?
The Commissioner for oaths is provided with the task of administering oaths or affirmations for legal documents intended to be used in Singapore. This involves administering oaths or affirmations regarding affidavits to be considered in Singapore courts or statutory declaration, which can be referred in Singapore.
What are oaths and affirmations?
The oath maker swears that any statement or information they provide is true.
Affirmations have the same legal effect as oaths. They can be made by Hindus, Muslims, Christians, or other religious groups in which oaths do not have binding force or by individuals who have conscientious objections to signing oaths.
What are affidavits and statutory declarations?
A statutory declaration is defined as the documents issued to declare something true in all aspects and the reason being meeting legal requirements or regulations. Also, keep in made that these declarations are not sworn statements.
Affidavits are considered as the written sworn statement functioned by the deponent. On the other hand, the testimony is the oral declaration provided under oath by the witness.
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General Services Rendered by Commissioners for Oaths
These are some of the duties that commissioners of oaths may perform:
Administering oaths for:
- A bail warrant’s justification
- Making an affidavit or affirmation
- Receipt and taking of any answer, plea, demurrer, disclaimer, charge, or examination of any party
- Examining any witnesses in chief
- Swearing executors and administrators
- The commissioner for oaths is also accounted for swearing person in any situation or matter that is currently pending or about to be present in court within any of its jurisdiction.
- Making statutory declarations and receiving them
- Receive acknowledgments of recognizance of bail and bail bonds
Commissioners for Oaths who are lawyers
Apart from the other duties that of mentioned above, the commissioner for oaths who are lawyers are only eligible to perform the following functions:
- To obtain an affidavit or affirmation or to swear in executors and administrators.
- Take and receive statutory declarations.
Commissioners for Oaths who are government employees
The Commissioner for oaths who are the employees of the government department gets eligible to take and acquire the document as stated in Schedule I of their applications, and accounted to other limitations as the Senate of the Academy may evaluate or as might be specified in the appointment certificate.
In most cases, the commissioner for Oaths appointed as the government employee needs to manage the documents related to their organization.
Court interpreters
The Commissioner for Oaths, court interpreters, are granted to administer oath according to section 68 of the Supreme Court of judicature act. They are also accounted for several other limitations as the Senate of the Academy might provide or that provided in the certificate of appointment.
Employees of designated non-profit organizations
Employees of non-profit organizations designated as such will be bound by the restrictions that appear in the certificates of appointment.
Fees Payable to Commissioners for Oaths
The applicable fees charged by the commissioner for oaths are stated by the Senate of the Singapore Academy of Law. Alternatively, Commissioners for Oaths may provide their services free of charge.
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The above article covers all the basic and important things you should know about the commissioner for oaths. Apart from this, you can also refer to our article on sworn translators Singapore to know everything about sworn translation. If you are looking for personal and legal documents translation, our certified translators at Singapore translators deliver the cost-effective ICA translation service.
