{"id":6877,"date":"2020-02-24T12:45:21","date_gmt":"2020-02-24T04:45:21","guid":{"rendered":"http:\/\/alexchanglaw.com\/?p=6877"},"modified":"2021-06-18T14:20:21","modified_gmt":"2021-06-18T06:20:21","slug":"sworn-statements-commissioner-for-oaths-notary-public","status":"publish","type":"post","link":"https:\/\/alexchanglaw.com\/index.php\/sworn-statements-commissioner-for-oaths-notary-public\/","title":{"rendered":"Sworn Statements Commissioner for Oaths Notary Public"},"content":{"rendered":"\n

Versi Bahasa<\/a><\/p>\n\n\n\n

\u4e2d\u6587\u7248<\/p>\n\n\n\n

Sworn Statements<\/p>\n\n\n\n

            A sworn statement can be described as\nan oral or written assertion of fact made under oath. Such statements commonly\ntake the form of affidavits, statutory declarations and oral testimonies. <\/p>\n\n\n\n

A sworn statement, in contrast to a regular statement,\nif proven to be untrue, constitutes an offence which the person may be\nprosecuted. <\/p>\n\n\n\n

Sworn\nStatements – Affidavits<\/p>\n\n\n\n

            An affidavit is a written statement\nfrom an individual which is sworn to be true. Affidavits are commonly used\nwhere a civil matter began by way of originating summons or petition, where\naffidavits are a requirement. Affidavits are also used for summary judgement,\nwinding-up petition, admiralty matters, matrimonial petition etc. Such uses of\naffidavits are exceptions to the general rule that evidence in trial must be\noral and direct. <\/p>\n\n\n\n

For an affidavit to be valid, it must comply with Order 41<\/strong> of the Rules of Court 2012<\/strong>. Furthermore, an affidavit must also be\naffirmed before, inter alia, a Commissioner for Oaths, a consular officer\n(where the affidavit is sworn overseas[1]<\/sup><\/a>)\nand a notary public (for the purpose of being used in any court or place\noutside Malaysia[2]<\/sup><\/a>).<\/p>\n\n\n\n

If an individual makes a false affidavit, he may be\nguilty of an offence under Section 199\nof the Penal Code<\/strong>.<\/p>\n\n\n\n

Commissioner\nfor Oaths<\/p>\n\n\n\n

            A commissioner for oaths is any\nperson appointed by the Chief Justice under Section 11 of the Court of Judicature Act 1964<\/strong>. The main role of a\ncommissioner for oaths is to certify sworn statements.<\/p>\n\n\n\n

The powers of a commissioner for oaths are laid down\nin Rule 9 of the<\/strong> Commissioners for Oaths Rules 2018 <\/strong>(hereinafter\nCoO Rules<\/strong>) (Rule 10 CoO Rules<\/strong> for commissioner for oaths who are not advocates\nand solicitors), reflecting those powers in Section 11 of the Court of Judicature Act 1964<\/strong>. Most commonly, they\naffirm affidavits[3]<\/sup><\/a> and\nstatutory declarations.[4]<\/sup><\/a><\/p>\n\n\n\n

Notary\nPublic<\/p>\n\n\n\n

            A notary public is any person\nappointed by the Attorney General pursuant to Section 3(1) of the<\/strong> Notaries\nPublic Act 1959<\/strong>. <\/p>\n\n\n\n

            The powers of a notary public are\ndefined under Section 4 of the Notaries\nPublic Act 1959<\/strong>. Under Section 4(1)<\/strong>,\na notary public may exercise all powers and functions ordinarily exercised by\nnotaries public in England[5]<\/sup><\/a>. These\nfunctions include, but are not limited to, translate documents from English\ninto a foreign language and vice versa, authenticate and verify examined copies\nof documents etc.[6]<\/sup><\/a><\/p>\n\n\n\n

            Furthermore, in addition to the\npowers conferred under Section 4(1)<\/strong>,\na notary public may also exercise any powers under Section 4(2)<\/strong>. Powers under Section\n4(2) <\/strong>include, inter alia, administering any oath or affirmation in\nconnection with any affidavit or statutory declaration for the purpose of being\nused in any court or place outside Malaysia and attesting to the same.<\/p>\n\n\n\n

Differences\nbetween Commissioner for Oaths and Notary Public<\/p>\n\n\n\n

  Although both\nCommissioner for Oaths and notaries public have similar roles, they have some\ndifferences. <\/p>\n\n\n\n

The first difference, which is arguably the largest difference, is that a Commissioner for Oaths certify documents which is intended to be executed in Malaysia and on the contrary, a notary public administers oaths and affirmations for sworn statements for the purpose to be used outside of Malaysia. A notary public does not have the powers to administer an affidavit or a statutory declaration which is executed for the purpose of being used in Malaysia, or take or attest any such affidavit or statutory declaration.[7]<\/sup><\/a> <\/p>\n\n\n\n

Furthermore, the fee structure of a notary public and\na commissioner for oaths is largely different. The fee structure of a notary\npublic is governed by Section 17 and the\nSecond Schedule of the CoO Rules 2018<\/strong>. On the other hand, a notary public\u2019s\nfee structure is defined in the Notaries\nPublic (Fees) (No.1) Rules 1981(PU(A) 198\/81)<\/strong>.<\/p>\n\n\n\n

Conclusion<\/p>\n\n\n\n

            In conclusion, sworn statements\ncarry great weight and hence as a natural result, the consequences of an untrue\nsworn statement are equally great. Commissioner for Oaths\u2019 and notaries public\nplay a pivotal role in maintaining the integrity of sworn statements through the\nstrict regulations surrounding their conduct. <\/p>\n\n\n\n

Bibliography<\/p>\n\n\n\n