What is a Commissioner For Oaths?5903346
In the United Kingdom and many other Common Law jurisdictions certain documents need to be sworn before a certified legal person recognized as a Commissioner for Oaths. This is an ancient office which is appointed by the lord Chancellor for the jurisdiction in England and Wales.
The office of Commissioner for Oaths is granted to the following professional lawyers subject to particular conditions:
- Barristers in practice - Solicitors in practice - Notary Public - Legal Executive (conditional) - Licensed Conveyancer (conditional)
An important point to be conscious of is that a Commissioner for Oaths should not use these powers in any proceedings in which they are already acting for any of the parties or in any procedure in which they have an interest.
From time to time people and businesses find that they have a requirement for the services of a Commissioner for Oaths to witness the signing and swearing of documents but may be unclear where to find one. The simplest course is to attempt a nearby solicitor or two.
On a practical note finding one to actually do some thing for you is becoming increasingly tough. This is simply because the official charging structure suggests nominal payments of £5 for swearing an affidavit and £2 per exhibit such as VAT
Most solicitors, who are in fact the biggest group of lawyers, charge in 6 minute units so for an typical solicitor charging £150 + VAT per hour, two 6 minute units would normally be worth £30 +VAT. The outcome is many refuse to do this sort of work or contrive to charge higher fees.
So you will know when you need one but can you easily find one to act for you? If one turns you down just keep trying.
