What is a Commissioner For Oaths?5406023
In the United Kingdom and many other Common Law jurisdictions particular documents need to be sworn before a certified legal individual recognized as a Commissioner for Oaths. This is an ancient workplace which is appointed by the lord Chancellor for the jurisdiction in England and Wales.
The workplace of Commissioner for Oaths is granted to the following professional lawyers subject to certain conditions:
- Barristers in practice - Solicitors in practice - Notary Public - Legal Executive (conditional) - Licensed Conveyancer (conditional)
An essential point to be aware of is that a Commissioner for Oaths should not use these powers in any proceedings in which they are currently acting for any of the parties or in any procedure in which they have an interest.
From time to time people and companies 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 exactly where to find one. The simplest course is to try a nearby solicitor or two.
On a practical note finding one to actually do some thing for you is becoming increasingly difficult. This is because the official charging structure suggests nominal payments of £5 for swearing an affidavit and £2 per exhibit including 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 usually be worth £30 +VAT. The outcome is many refuse to do this sort of work or contrive to charge higher charges.
So you will know when you require one but can you easily find one to act for you? If one turns you down just maintain trying.
