Commissioner for oaths
A commissioner for oaths is a legal term that defines a person who has the power to verify statutes, affidavits, and various other legal documents. Typically, these documents are legal acts in which a person (the so-called deponent) testifies under oath that their content is true in all respects. The task of the commissioner for oaths is to certify that the veracity of the document has been confirmed by the deponent and that the oath has been made. Since affidavits are often used as evidence in court hearings, the work of said commissioner is very important in the legal proceedings. Outside the courts, commissioners for oaths are often used, for example, when signing rental contracts. Their role is to be present when signing such contract by the property owner and the tenant. In this situation, the commissioner confirms that the lease agreement has been signed by both parties [1].
Functions of commissioner for oaths
Commissioner for oaths has a vast range of functions. The main ones are for example [2] :
- To make sure that deponent completely understands contents of the document they are signing - the Commissioner is ought to encourage the person who makes the statement to read it thoroughly and fully understand it, as the signed affidavit is final and used as possible evidence in unchanged form.
- To uniquely identify the person signing the affidavit - the deponent has to show a document confirming his identity (for example his ID card) to the commissioner. Only after such unique identification that excludes possibility of any kind of mistake, the affidavit can be signed.
- To make sure that statement is in writing - the affidavit confirmed by the commissioner must be in form of a signed document. Oral testimony cannot be certified.
- To certify the authenticity of a document's content by taking an oath pledged by deponent - every certified document has to be confirmed by pledging the oath by the person signing it. The content of an oath varies depending on the religious denominations of the deponent and the laws of a country in which the affidavit is signed.
- To give legal effect to a document by ending it with the "jurat" - each affidavit must be concluded by "jurat" with information about the date and place of its completion, as well as identities of both commissioners for oaths and deponent.
How to become commissioner for oaths
Every lawyer with the right to practice has the automatic option of being the commissioner for oaths. However, it is not necessary. Any unpunished person aged 18 or over may apply for such rights. However, the procedure varies depending on the country (or in the case of the US even state) in which one wants to become the commissioner.
Examples of Commissioner for oaths
- Notaries: Notaries are the most common type of Commissioner for Oaths. They are able to administer oaths, take affidavits, witness signatures, certify documents, and provide other legal services.
- Lawyer: Lawyers who are authorized by the court or provincial law society to offer a variety of legal services can also act as Commissioners for Oaths.
- Justice of Peace: Justices of the Peace are empowered to serve in this capacity in most provinces and territories.
- Commissioner of taking Affidavits: They are authorized to take affidavits, administer oaths, and certify documents.
- Commissioner of Oaths: They are authorized to take affidavits, administer oaths, and certify documents in some provinces.
- Public Notaries: They are authorized to take affidavits and administer oaths in some provinces.
- Bank Managers: Bank Managers are authorized to take affidavits and administer oaths in some provinces.
Advantages of Commissioner for oaths
A commissioner for oaths is an important figure in the legal proceedings, and there are a few advantages to having a commissioner for oaths:
- A commissioner for oaths increases the reliability of a legal document, as they can verify its authenticity and accuracy. In other words, they can serve as witnesses to the truth of the document.
- The presence of a commissioner for oaths can be an important deterrent to perjury. If a deponent is aware that their statement is being verified by a commissioner for oaths, they are less likely to lie or make false statements in the document.
- Having a commissioner for oaths can help to save time, as they can quickly and efficiently verify the document. This is especially beneficial in court proceedings, where time is often of the essence.
- A commissioner for oaths can also provide assistance to those who are unfamiliar with the legal process. By helping to explain the process and ensure that the document is completed correctly, they can provide invaluable assistance.
Limitations of Commissioner for oaths
A commissioner for oaths has certain limitations to the scope of their work. These include:
- They cannot provide legal advice - Commissioners for oaths are not qualified to give legal advice pertaining to the documents they are certifying.
- They must be impartial - Commissioners for oaths must remain impartial in the content of the documents they are certifying and not be influenced by any party or interest in the matter.
- They must be licensed - Commissioners for oaths must be licensed in their jurisdiction to practice as a commissioner.
- They may not act as a witness - Commissioners for oaths may not act as a witness to the documents they are certifying.
- They may not draft documents - Commissioners for oaths may not draft the documents they are certifying in any way.
- They may not verify documents without a deponent - Commissioners for oaths cannot verify documents without a deponent present.
In addition to being able to verify statutes, affidavits, and other legal documents, the commissioner for oaths is able to perform the following tasks:
- Administer oaths: A commissioner for oaths is able to swear in witnesses in a court of law or in other legal proceedings.
- Witness documents: A commissioner for oaths is able to witness the signing of documents such as contracts, powers of attorney, and other legal instruments.
- Certify copies of documents: A commissioner for oaths is able to certify that copies of documents are true copies of their originals.
In summary, commissioners for oaths are authorized to verify statutes, affidavits, and other legal documents, administer oaths, witness documents, and certify copies of documents. Their work is essential to ensure the veracity of legal proceedings.
Footnotes
| Commissioner for oaths — recommended articles |
| Material alteration — Inchoate instrument — Letter of administration — Deed of surrender — Disclaimer of warranties — Special power of attorney — Written resolution — Company seal — Binding contract |
References
- Boss A.H., Kilian W. (2008) The United Nations Convention on the Use of Electronic Communications in International Contracts, Wolters Kluwer, Alphen aan den Rijn
- Willerton D., Grandfield J. (2013) Negotiating Commercial Leases & Renewals For Dummies, John Wiley & Sons, Hoboken
- Zweigert K. (2003) International Encyclopedia of Comparative Law: Instalment 37, Brill Archive, Hannover
Author: Kinga Więcek
