What does a commissioner for oaths do?
This article explains the function of a Commissioner of Oaths and compares that office to one of a Notary. Oaths are also explained.
What is a Commissioner of Oaths?
Overview
A Commissioner of Oaths is someone who has been given the power to administer and witness oaths.
The Commissioner ensures that the oath is properly administered in accordance with the law.
The person taking the oath is called the deponent or the declarant.
The validity of the document is the deponent's responsibility, not the Commissioner's, as the Commissioner can only verify that the oath has been administered correctly.
What is an oath?
Definition
An oath is a solemn declaration that a statement is true, and is often needed for use in court, estate, or land title transactions. In order to be valid, an oath must be taken before a Commissioner of Oaths or a notary public.
Oaths must be made in person so that the Commissioner of Oaths can verify the deponent's identity by looking at photo identification.
A signature will also be verified, most likely by comparing the deponent's signature on the document to another signature (such as on identification).
What is the difference between a Commissioner of Oaths and a notary?
Differences
Basically, a notary has more power than a Commissioner of Oaths.
A Commissioner of Oaths cannot verify that a statement is true, simply that the proper procedures have been followed.
Notarization as performed by a notary, is the verification of a document as valid. In addition, a notary can draw up documents, such as contracts and deeds.
A Notary Public can act as a witness, but a Commissioner cannot notarise anything.
Types of oaths
Different types of oaths
When swearing an oath in front of a Commissioner, deponents have the option to affirm to one of the following:
"Do you swear that the contents of this affidavit as subscribed by you are true? So help you God" or "Do you solemnly affirm and declare that the contents of this affidavit as subscribed by you are true?"
When a solemn declaration is needed, the deponent must respond to, "Do you make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath?"
Final word
Deponents are required to be present, but they are not required to hold a religious text or hold one hand up in the air.