TOP 25 FAQ
TOP 25 FAQ regarding Commissioner For Oaths
1) Who is the Commissioner for Oaths?
The Commissioner of Oaths is an officer appointed by the Malaysia Chief Justice under Section 11, the Court of Judicature Act 1964 in verifying the authenticity of the document and the identity of the deponent who made a confession on the document.
2) What are the duties of a Commissioner For Oaths?
According to Rule 11(2), Commissioner of Oaths Rules 2018, a Commissioner for Oaths must personally manage every transaction with the deponent present in front to obtain service.
11(2) In performing his functions, a Commissioner for Oaths shall personally attend to any person requiring his services, and shall—
(a) verify the identity, the personal particulars as given in the identity card, 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;
(b) 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;
(c) initial, affix small seal and ensure the deponent initial any alteration made in the document to be sworned or affirmed;
(d) 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;
(e) 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;
(f) carry out the functions of his office in a prompt, reasonable, efficient and with integrity; and
(g) make himself available to conduct all functions of his office at regular and reasonable time.
3) What are the powers of the Commissioner For Oaths.
The powers or responsibilities as a Commissioner for Oaths based on Rule 10, Rules of the Commissioner for Oaths 2018 where the conditions or limitations in the appointment are as follows:-
10(1) (a) administer oaths for—
(i) the justification for bail;
(ii) taking any affidavit or affirmation;
(iii) swearing executors and administrators; and
(iv) any persons in any action, matter or proceeding which is pending or about to be instituted in any court; and
(b) taking and receiving statutory declarations.
4) Can the Commissioner For Oaths be a witness in an agreement or matter?
The Letter of Instruction from the Chief Registrar of the Federal Court of Malaysia dated 3 November 2015 has clearly prohibited a Commissioner for Oaths from being a witness in any document other than what is permitted by law. Currently, there are only five (5) laws that allow a Commissioner for Oaths to be a witness as below:-
- Forms 1 and 2 under Section 3 (First Schedule) of the Power of Attorney Act 1949
- Loan Agreement under Section 27(1) of the Moneylenders Act 1951
- Agreement under Section 22 of the Hire Purchase Act 1967
- Section 97 of the Sabah Land Ordinance
- Section 84 of the Legal Profession Act 1976
5) Can a Commissioner For Oaths give services of “certified true copy” of a document?
The Commissioner for Oaths can accept a statutory declaration personally signed by the owner of the document in which one acknowledges that the copy of the document is original.
6) Where can the Commissioner For Oaths carry out his service?
A Commissioner for Oaths can only provide his services at an address that has been approved by the Chief Justice of Malaysia. It is forbidden to provide services in inappropriate locations such as under stairs, under trees, in places of eating, or other places deemed inappropriate. However, if there are unavoidable cases that require services outside the premises such as providing services in prisons or hospitals, then the deponent’s family members or representatives can submit an application to any Commissioner for Oaths. The application will then be forwarded by the Commissioner for Oaths to the Commissioner for Oaths Unit with the condition that a very strong reason must be obtained from the deponent and the application must be submitted to the Commissioner for Oaths Unit at least 3 working days before the date of providing service outside of premise.
7) Is the Commissioner of Oaths allowed to charge extra to the deponent if he is requested to carry out his services outside of premise? (With the condition of getting approval from the Commissioner For Oaths Unit to carry out duties outside the service premises)
Yes can. If the Commissioner for Oaths can charges an additional fee for having to leave his office for a certain period of time in addition to having to pay transportation costs, in condition that it needs to be agreed upon by both parties at the first place.
8) What is our operating hours?
Our Commissioner for Oaths office operates from Monday to Friday (10:00am – 5:00pm)
9) Is an appointment required before visiting our office?
No need. But if you want to make an appointment, you can contact us at +6011-5623 9585 (Whatsapp).
10) How long will it take for me to get the services of Commissioner for Oaths?
It depends on the number of documents to be sworn, but usually it only takes 5 to 10 minutes.
11) What documents should the customer bring when seeking service from the Commissioner for Oaths?
ai) For Malaysian Citizens – Original Identification Card (I/C)
aii) For Foreigners: Identity Card/Original Passport/UNHCR Card/Refugee Card /Other official identification documents
b) Original Documents that need to be sworn.
12) Can my friend represent me to get the services of Commissioner for Oaths?
No, cannot. Every deponent who wishes to obtain the services of the Commissioner for Oaths in swearing documents must appear in person before the Commissioner for Oaths. The Commissioner for Oaths is not allowed to sign and seal the document other than the deponent signing or thumbprinting the document in front of the Commissioner for Oaths.
13) For an affidavit regarding real estate (Example: DDA Form), can one of the family members be the representative of the family members to swear in the affidavit?
No cannot. If a the affidavit needs to be signed by many deponents, then all the deponents need to appear before the Commissioner for Oaths to sign the letter.
14) Can a person with a power of attorney to swear an affidavit or statutory declaration represent a nominee?
No cannot. Only the deponent whose name is written in a statutory declaration or affidavit can sign the document. A representative who has a power of attorney is not allowed to sign a statutory declaration if the document is not in his name.
15) Can 2 or more deponent sign the same statutory declaration on different dates and times?
No cannot. If the statutory declaration contains 2 or more deponents who must sign the document, all the deponents must be present at the same time before the Commissioner for Oaths to avoid any conflict that may occur in the future due to the absence of any of the deponents on the same date and time.
16) Can a person who is deaf/blind/ illiterate/mute get the services of a Commissioner for Oaths?
Yes can. The Commissioner for Oaths must ensure that the deponent understands the contents of the document by reading and explaining the contents of the document and the exhibits attached to the document before the Commissioner for Oaths certifies that he has done so as in the jurat. (Rule 11(2)(b) – Commissioner of Oaths Rules 2018)
17) Can children take an oath?
Yes can. The child must be present with his/her parent/guardian/family member and the Commissioner for Oaths must ensure that the child truly understands what is being oath. If the Commissioner for Oaths is of the opinion that the oath does not benefit the child, the Commissioner of Oaths may refuse to provide the service of oath to the child based on Rule 11(2)(e), Rules of the Commissioner of Oaths 2018.
18) Can people with mental disorders get the services of Commissioner for Oaths?
If the mental disorder is not continuous, then the Commissioner of Oaths must ensure that when the deponent signs the document, the deponent must be in a sane state.
19) Can statutory declaration or other documents sworn by the Commissioner for Oaths in Malaysia can be used for overseas use.
Basically, the documents sworn by the Commissioner for Oaths is only for use in Malaysia. However, it does not prevent other countries from accepting the document sworn by the Malaysian Commissioner for Oaths subject to the laws of that country.
20) Can the Commissioner for Oaths refuse to provide service to the deponent?
Yes can. A Commissioner for Oaths has the right to refuse to give service to the deponent if the Commissioner for Oaths has a reliable reason to suspect that there are elements of deception, fraud, dures, or any act that is illegal. (Rule 11(2)(e) – Commissioner of Oaths Rules 2018)
21) Does the affidavit have an expiration date?
The Affidavit does not have any expiration date and can be used at any time to be used as evidence for a matter within a certain date. Therefore, the date on which the letter is pledged is material.
22) Can Sabah land documents be signed in Peninsular Malaysia?
Yes can. Section 97 of the Sabah Land Ordinance allows the Commissioner for Oaths to sign documents relating to Sabah state land made under the said ordinance. Therefore, all Commissioners for Oaths are allowed to sign related documents if the appointed Commissioners for Oaths are serving in Peninsular Malaysia.
23) If the statutory declaration form does not meet the AM 80 standard, can the Commissioner for Oaths affirm the document?
No cannot. The instruction letter of the Chief Registrar of the Federal Court of Malaysia dated 3 November 2015 has clearly explained that a statutory declaration must follow the format of the Statutory Declaration Act 1960.
24) Can the Commissioner for Oaths in State A swear documents for use in State B?
Yes, can. The Commissioner for Oaths appointed by the Chief Justice of Malaysia can swear any document permitted by Malaysian law and subject to the powers of the Commissioner for Oaths stipulated in Rule 10, Commissioner of Oaths Rules 2018 (Any Other Person Category )
25) Can the Statutory Declaration filled in using two different pen colors?
It is advised that the form be filled in the same color and same type of pen so that the authenticity and content of the document is not in doubt.