Can any solicitor sign a statutory declaration?

A statutory declaration (commonly known as a “stat dec”) is a written statement of fact that is signed in the presence of either a solicitor, notary public, magistrate or commissioner for oaths. The statement itself can be anything, but is usually some kind of evidence to satisfy a legal requirement.

Can any solicitor witness a statutory declaration?

Not anyone can witness a statutory declaration. If we draft the Statutory Declaration we will advise you to have your signature witnessed by another solicitor or commissioner of oaths in order to ensure that the document is valid and cannot be challenged on grounds of impartially.

Do you need a solicitor for a statutory declaration?

A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. It has to be signed in the presence of a solicitor, commissioner for oaths or notary public.

Who all can sign statutory declaration?

In New South Wales, an authorised witness must be a:

  • justice of the peace.
  • notary public.
  • commissioner of the court for taking affidavits.
  • legal practitioner, i.e. an Australian lawyer who is granted a practising certificate under: …
  • any person authorised to administer an oath.
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Can a solicitor witness a statutory declaration UK?

Statutory declarations and deeds

For example, you may need a solicitor to witness your signature to a Statutory Declaration. A solicitor can also certify a photocopy as being a true copy of the original so that you do not need to send off the original document. All solicitors are Commissioners for Oaths.

Can a non Practising solicitor witness a statutory declaration?

Who can witness a statutory declaration? Under the Act, a statutory declaration can be made before anyone who is authorised by law to administer oaths.

Can an in house solicitor swear a statutory declaration?

Can they administer a statutory declaration? Statutory declarations, like oaths, should not be administered by a solicitor in any proceedings in which that solicitor represents any of the parties or is interested.

Who can write a statutory declaration?

A statutory declaration can be made by anyone who needs to prove the existence of a fact or facts. Statutory declarations are not usually used in court cases. For example, a stautory declaration can be used to prove that: a person that goes by two different names is the same person.

Does a statutory declaration need to be witnessed?

Witnessing requirements

You must sign your statutory declaration in the physical presence of an approved witness. You cannot use an electronic or digital signature on a statutory declaration.

Does a statutory declaration need to be sworn?

A statutory declaration is a formal statement made in a prescribed way affirming that something is true to the best knowledge of the Declarant, being the person making the declaration. The statutory declaration will need to be signed in the presence of a solicitor, commissioner for oaths or notary public.

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Can a relative sign a stat dec?

Can an immediate family member witness my statutory declaration? If the family member falls within a class of persons authorised to witness a Commonwealth statutory declaration, the family member can witness your statutory declaration.

Can I get a statutory declaration form from the Post Office?

If you do not have access to a printer, you can get a Statutory Declaration form from your local Post Office. Alternatively, your local library may be able to help you print the form. Using a black or blue pen, fill out your Name, Address and Occupation, and then write your declaration in the space provided.

Can a nurse sign a stat dec in Victoria?

Statutory Declarations can be made under Commonwealth Law or under State Law. Both nurses and midwives can witness a statutory declaration made under the Commonwealth Law. Commonwealth statutory declarations can be used in relation to a commonwealth law, as distinct from a state or territory law.

Can a non practicing solicitor certify documents?

May I do this without a practising certificate? A. You do not need to have a practising certificate to certify a copy of a document as the true copy of an original. However, you must not mislead the person signing the document, or the recipient of the document, as to your status.

Who can take statutory declarations in UK?

A statutory declaration can be undertaken by a Lawyer, Notary Public, Justice of the Peace, or a court official and, in some countries, certain Police Officers. A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths.

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How do I witness a document as a solicitor?

In general, a witness must:

  1. be over 18 years of age;
  2. know the person whose signature they are witnessing;
  3. not be under the influence of drugs;
  4. be of sound mind and mental capacity;
  5. not be a party to the document or have any financial interest in it; and.