Commissioners for Oaths Rules - Singapore Statutes Online

Supreme Court of Judicature Act

(Chapter 322, Section 68(3))

Commissioners for Oaths Rules

R 3

REVISED EDITION 1997

(26th September 1997)

[1st January 1996]

Citation

1. These Rules may be cited as the Commissioners for Oaths Rules.

Definitions

2. In these Rules —

“Academy” means the Singapore Academy of Law constituted under the Singapore Academy of Law Act (Cap. 294A);

“affidavit” includes affirmation, statutory or other declaration;

“legal officer” means a person appointed as a legal officer in the Singapore Legal Service;

“oath” includes affirmation and declaration;

“Secretary” means the Secretary to the Senate;

“Senate” means the Senate of the Academy;

“swear” includes affirm and declare;

Persons eligible

3.—(1) An advocate and solicitor who has for an aggregate period of not less than 7 years been in active practice or been a legal officer shall be eligible for appointment as a commissioner for oaths.

(2) Officers in the employment of Government ministries, departments, statutory boards and Government-linked companies shall be eligible for appointment by the Senate as commissioners for oaths.

(3) Court interpreters shall be eligible for appointment by the Senate as commissioners for oaths.

Duration of appointment

4.—(1) Commissioners for oaths shall be appointed for a period of one year and may be reappointed for each subsequent year as the Senate may, in its discretion, decide.

(2) In appointing commissioners for oaths, the Senate shall have regard to the number of commissioners already practising in the place where the applicant proposes to practise and to the convenience of the inhabitants of that place.

Application procedure

5.—(1) Applications for reappointment as commissioners for oaths shall be lodged with the Secretary 2 clear months before the expiry of each preceding period of appointment.

(2) The procedure for applying for appointment or reappointment as a commissioner for oaths shall be as follows:

(a)

an advocate and solicitor shall lodge with the Secretary an application for his appointment or reappointment as a commissioner for oaths, setting forth —

(i)	his date of admission to the roll of the Supreme Court and the number of years that he has been in active practice or been a legal officer;
(ii)	whether he is or ever been an undischarged bankrupt or has made an arrangement with his creditors;
(iii)	whether he has ever been convicted of any criminal offence;
(iv)	whether he has ever been found guilty of any professional misconduct; and
(v)	whether he is or has been the subject of disciplinary proceedings under Part VII of the Legal Profession Act (Cap. 161), and if so, the date and nature of the complaint, whether the complaint resulted in the appointment of a Disciplinary Committee, and if so, the result of its inquiry;

(b)

a person who is not an advocate and solicitor shall lodge with the Secretary an application for his appointment or reappointment as a commissioner for oaths, setting forth —

(i)	where and for how long he has been employed;
(ii)	the capacity in which he is applying for appointment as commissioner for oaths;
(iii)	whether he is or has ever been an undischarged bankrupt or has made an arrangement with his creditors;
(iv)	whether he has ever been convicted of any criminal offence;
(v)	whether disciplinary proceedings has ever been initiated against him; and
(vi)	whether he is or has ever been found guilty of any professional misconduct; and

(c)

any officer referred to in rule 3(2) shall annex to his application form a schedule (to be referred to as “Schedule I”) setting out the nature of the documents which he will take and receive if appointed as a commissioner for oaths; and the schedule may be updated during his term of appointment by his employer notifying the Secretary of any changes to the schedule.

6. The particulars of every commissioner for oaths appointed by the Senate shall be registered with the Senate in a register maintained by the Secretary in such form as the Senate may determine.

Limitation of appointment

7.—(1) Advocates and solicitors who are appointed commissioners for oaths may administer oaths for taking any affidavit or affirmation or for the swearing of executors and administrators in accordance with section 68(2)(c)(ii) and (v) of the Act and of taking and receiving statutory declarations in accordance with section 68(2)(d) of the Act.

(2) Court interpreters may be appointed commissioners for oaths to administer oaths in accordance with section 68 of the Act, subject to such limitations as the Senate may determine or as may be stated in the certificate of appointment.

(3) Officers referred to in rule 3(2) may be appointed commissioners for oaths to take and receive the documents specified in Schedule I of their applications and subject to such other limitations as the Senate may determine or as may be stated in the certificate of appointment.

Language of deponents

8.—(1) Subject to paragraph (2), no advocate and solicitor who is appointed as a commissioner for oaths shall cause an affidavit or statutory declaration to be taken by, or an oath to be administered to, any person other than a deponent who speaks and understands the English language.

(2) An advocate and solicitor who is appointed as a commissioner for oaths and who is proficient in a language or dialect other than English may, in his discretion, cause an affidavit or statutory declaration to be taken by, or an oath to be administered to, a deponent in such language or dialect if the deponent speaks and understands the language or dialect in which the advocate and solicitor is proficient.

[S 439/98 wef 01/09/1998]

Restriction

9. No advocate and solicitor so appointed shall act as a commissioner for oaths in any matter or business in which he or any member of his firm is acting as advocate and solicitor.

Fees

10. The fees payable by a commissioner for oaths to the Academy for appointment or reappointment, and the fees chargeable by a commissioner for oaths, shall be as set out in the Schedule.

Instruments of appointment

11.—(1) Every commissioner for oaths shall upon appointment or reappointment receive a certificate of appointment.

(2) Every commissioner for oaths shall exercise his appointment or reappointment in accordance with the conditions stated in the certificate of appointment.

(3) Every commissioner for oaths shall upon appointment or reappointment receive a commissioner’s stamp from the Academy specifying the expiry date of the appointment or reappointment.

(4) Every commissioner for oaths shall stamp the expiry date of his appointment or reappointment on every document administered in exercise of his appointment or reappointment.

12. Every commissioner for oaths shall —

(a)	keep a register of documents taken in exercise of his appointment;
(b)	furnish such information as the Secretary may require; and
(c)	make the register available for inspection by the Secretary upon request.

Revocation of appointment

13.—(1) The appointment of a commissioner for oaths shall be deemed to be revoked —

(a)	when he is adjudged a bankrupt;
(b)	when he is convicted of an offence for which he is sentenced to a term of imprisonment (except where the imprisonment is imposed in default of payment of a fine);
(c)	in the case of an officer referred to in rule 3(2) or a court interpreter, when he is dismissed from service or reduced in rank ; or
(d)	in the case of an advocate and solicitor, when he is suspended or struck off the roll of the Supreme Court of Singapore.

(2) Any commissioner for oaths whose appointment is automatically revoked in accordance with paragraph (1) shall forthwith return to the Secretary his certificate of appointment and commissioner’s stamp.

List of commissioners for oaths

14. The Senate shall cause to be published from time to time in the Gazette a list of commissioners for oaths appointed and reappointed, or whose appointments have been revoked.

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