SOALAN-SOALAN LAZIM

INTRODUCTION

A Commissioner for Oaths is a person appointed by the Chief Justice of the Federal Court, under section 11(1) of the Court of Judicature Act 1964, and the Commissioner for Oaths Rules 2018.

The Commissioner for Oaths Unit, of the Chief Registrar's Office, of the Federal Court, manage all matters relating to the Commissioner of Oaths.

The objective of the Commissioner for Oaths Unit is to manage the affairs of all Commissioners for Oaths throughout Malaysia, in an efficient, competent and organised manner, thus ensuring the effectiveness of duties carried out by a Commissioner for Oaths, which makes an indirect contribution to the Malaysian Judiciary.

The roles of the Commissioner for Oaths Unit:

  1. To supervise and update the Directory of the Commissioner for Oaths for all type of appointment (advocate and solicitors, public officers, officer of statutory bodies, any other persons) 
  2. To be the source of reference and authentication in relation period of appointment, throughout the country.
  3. To process all application for the appointment of Commissioner for Oaths, made by way of Form 1, 2, 3, & 4.
  4. To undertake the supervision, the conduct of the examination and interview for the appointment and reappointment of all Commissioner for Oaths.
  5. To process applications for the reappointment of Commissioner for Oaths, by way of Form 6;
  6. To process all application made by a Commissioner for Oaths to change the address of service.
  7. To process any application made by any Commissioner for Oath, who undertakes to carry out his or her functions beyond the approved address of service.
  8. To record applications and leave notifications by any Commissioner for Oaths.
  9. To supervise the inspection of the Register and the Premises of all Commissioner for Oaths throughout Malaysia.
  10. To accept, verify and process information or complaints against any Commissioner for Oaths; and
  11. To initiate an investigation, based on information or complaints made by any member of the public, against any Commissioner for Oaths throughout Malaysia.

The laws that allocate and governs the powers and functions of a Commissioner for Oaths are the Commissioner for Oaths Rules 2018 and the Statutory Declaration Act 1960 (Revised 2016).

APPLICATION AND APPOINTMENT OF COMMISSIONER FOR OATHS

Under Rule 2, of the Commissioner for Oaths Rules 2018,  a person is qualified to become a Commissioner for Oaths if he-

  1. is a citizen of Malaysia;
  2. possesses a minimum qualification fo Sijil Pelajaran Malaysia or its equivalent;
  3. has attained the age of twenty -one years but has not attained the age of sixty six years;
  4. is a person of good character;
  5. is fluent in the national language;
  6. is physically and mentally healthy;
  7. has not been convicted of a criminal offence involving fraud, dishonesty or moral turpitude;
  8. has not been detained under any preventive laws; and
  9. has not been declarated a bankrupt.

Subject to Rule 2, the following persons is qualified to be appointed as a Commissioner for Oaths:-

  1. an advocate and solcitor of High Court of Malaya or High Court of Sabah or Sarawak who has been practising for seven years;
  2. a public officer who is confirmed in his appointment;
  3. an officer of a statutory body;
  4. a person who from his past experience, as a public officer or otherwise is deemed to be qualified and proper person to be appointed.
a) an advocate and solcitor of High Court of Malaya or High Court of Sabah or Sarawak who has been practising for seven years;
b) a public officer who is confirmed in his appointment;
c) an officer of a statutory body;
d) a person who from his past experience, as a public officer or otherwise is deemed to be qualified and proper person to be appointed.

Apart from the conditions set out in Rule 2 and 3, of the Commissioner for Oaths Rules 2018, the appointment of a Commissioner for Oaths will depend on the location proposed by an applicant. Thus the following factors may be taken into consideration i.e. the vacancy available in the proposed location; the current population index in  the proposed location;  the area size of the proposed location;  the existence of government departments or agencies; and the number of existing Commissioner for Oaths within the same area.   Thus, the necessity of a proposed location will determine any application made by any qualified persons under Rule 2 and 3.

All applications will go through a vetting process to check the qualifications and the necessity of the proposed place of service. Upon fulfilling these two requirements, the applicants will be called to sit for an examination.  Only those who have passed the examination will be called in for an interview. The appointment of a Commissioner for Oaths will only be made by the Chief Justice of the Federal Court, after these two processes are completed by the applicants.

All forms (for various types of appointments) are available through  the Commissioner for Oaths Unit's official portal at (pesuruhjayasumpah/borang.php)

All completed application form must be sent to the following address:-

Commissioner for Oaths Unit,
Chief Registrar's Office of the Federal Court, 
Palace of Justice, Annexe Builiding, Presint 3,
62506 PUTRAJAYA.
Telephone No: 03-88804040

For an application for the reappointment of a Commissioner for Oath, an applicant will only be called for an interview, when necessary and upon the instruction of the Chief Justice of the Federal Court. 

If an application for appointment or reappointment is unsuccessful, the applicant may submit their written appeal to the Chief Justice of the Federal Court within 14 days of receiving the letter of refusal.

An application for the reappointment as a Commissioner for Oaths (other persons) by a retired Commissioner for Oaths (public officer) will still be subjected to the same vetting process of the proposed location of service,  as well as the examination and interview process.

The period of appointment and reappointment (of all types of category) is for a maximum term of three (3) years.An application for reappointment must be submitted not less than three (3) months before the expiry of the current appointment. All applications for reappointment submitted must comply with the requirement of the rules, failure to do so will result in a refusal of reappointment.

FEES PAYABLE /APPOINTMENT FEES OF A COMMISSIONER FOR OATHS

For a Commissioner for Oaths who falls under the advocate and solicitor category, the fees payable is RM500 per annum or RM42 per month or part of a month.For a Commissioner for Oaths who falls under the officers of a statutory body or other person categories, the fees payable is RM300 per annum or RM25 per month or part of a month.There is no fee applicable for a Commissioner for Oaths who falls under the public officer category. Instead, they are paid a sum of RM120 as monthly allowance.

ADDRESS OF SERVICE

The services of a Commissioner for Oaths is limited to the address approved by the Chief Justice of the Federal Court. The premise located at the approved address must fulfil the criteria of an office. A Commissioner for Oaths is prohibited from carrying his services in inappropriate locations such as under a tree, under a flight of stairs, within an eating area, or any other places that are deemed unsuitable and does not conform to the definition of an office.

Under Rule 15 of the Commissioner for Oaths Rules 2018, a Commissioner for Oaths is not allowed to change his address of service without prior approval of the Chief Justice of the Federal Court.

A newly appointed Commissioner for Oaths is not allowed to change the address of service during the period of his first term of appointment.However, if there is an urgent need or instruction issued necessitating a change to a new address of service, the application may be considered.

Under Rule 15, of the Commissioner for Oath Rules 2018, subject to the approval of the Chief Justice of the Federal Court, a Commissioner for Oaths shall not carry out his services outside the approved address.

 A family member or a representative of the deponent may submit an application to any Commisisoner for Oaths seeking such services at any hospital or detention centre. The Commissioner for Oaths shall submit to the Commissioner for Oaths Unit the deponent’s application and the Commissioner for Oaths application for leave to undertake the services at the identified location. The application made to the Commissioner for Oaths Unit must be made at least within three working days before the proposed appointment date.

COMMISSIONER FOR OATHS’S OPERATION HOURS

The services of a Commissioner for Oaths can be found at any court, selected government departments, statutory bodies, offices of advocates and solicitors, or from any other persons appointed as Commissioner for Oaths at specific locations. In order to verify and locate a valid Commissioner for Oaths, members of the public may make a search through the following link at pesuruhjayasumpah/carian.php.

The operation hours for services by a Commissioner for Oath (who is a public officer), at courts or government agencies are similar to the standard office hours of government departments, subject to the operating hours of the payment counter of each department.The operation hours for by a Commissioner for Oath (who is an advocate and solicitor, officer of statutory body or other persons) are similar to normal office hours.  For example, Monday to Fridays or Sunday to Thursday (8.00 am to 5.00 pm/ 9.00 am to 6.00 pm).

Under Rule 11(2)(g) of the Commissioner for Oaths Rules 2018, a Commissioner for Oath shall make himself available to conduct all his functions of office at regular and reasonable time.The general understanding to this rule is that the operation hours of the office of the Commissioner for Oaths are similar to that of a government department. If a Commissioner for Oaths is required to perform his functions outside the official office hours, an application must be made to the Chief Justice of the Federal Court for his approval. 

A Commissioner for Oaths who is not a public officer need not apply for the leave of absence. However, it is a compulsory requirement for the Commissioner for Oaths to notify (via e-mail) to the Commissioner of Oaths Unit of the details of his leave.The Commissioner for Oaths is required to display a notice informing the members of the public of the date and the period of his absence.The notification to the Commissioner for Oaths Unit is for record purposes.

CONDUCT AND FUNCTIONS AS A COMMISSIONER FOR OATHS

"The powers of a Commissioner for Oaths (under the advocates and solicitors category) are set out under Rule 9 of the Commissioner for Oaths Rules 2018.Subject to any limitations specified in his appointment the powers of an advocate and solicitor appointed as a Commissioner for Oaths are as follows:"

  1. receive acknowledgements of a married woman in all cases where acknowledgements are required by law to be taken before a public officer; 
  2. receive acknowledgements of recognizances of bail and bail bonds;
  3. administer oaths for—
    1. the justification for bail;
    2. taking any affidavit or affirmation;
    3. receiving and taking the answer, plea, demurrer, disclaimer,  allegation or examination of any party or parties to any action;
    4. the examination of any witnesses upon any interrogatories or de benne esse or in chief or on any other occasion;
    5. swearing executors and administrators; and 
    6. any persons in any action, matter or proceeding which is pending or about to be instituted in any court; and 
  4. taking and receiving statutory declarations.

"Under subrule 9(2) of the Commissioner for Oaths Rules 2018, sub rule 9(1) of the Commissioner for Oaths Rules 2018 is not applicable to any documents preparedby the advocate and solicitor and by any other person who is involved in any court proceeding represented by the advocate and solicitor or the advocate and solicitor’s firm."

"The powers of a Commissioner for Oaths (under the public officer, officer of statutory body, any other person category) are set out under Rule 10 of the Commissioner for Oaths Rules 2018.Subject to any limitations specified in his appointment the powers of a public officer, officer of statutory body, any other person appointed as a Commissioner for Oaths are as follows:""

  1. administer oaths for—
    1. the justification for bail;
    2. taking any affidavit or affirmation;
    3. swearing executors and administrators; and 
    4. any persons in any action, matter or proceeding which is pending or about to be instituted in any court; and 
  2. taking and receiving statutory declarations.

Under subrule 10(2) of the Commissioner for Oaths Rules 2018, subrule 10(1) of the Commissioner for Oaths Rules 2018 is not applicable to any documents prepared by the the public officer, officer of statutory body, any other person."

A Commissioner for Oaths, in performing his functions, shall always pin an identification tag as in Form 7 of the Third Schedule at the top left of his shirt.In performing his functions, a Commissioner for Oaths shall personally attend to any person requiring his services, and shall-

  1. verify the identity, the personal particulars as given in the identity card or passport or any other official identification documents, and the address of the person making     the declaration, affirmation, affidavit, oath or statement before the Commissioner for Oaths;
  2. read over and explain the contents of the documents and the exhibits attached to the documents, if the deponent or maker of the document is blind, illiterate or does not understand the language written in the document, before the Commissioner for Oaths certify that he has done so in the jurat;
  3. initial, affix small seal and ensure the deponent initial any alteration made in the document to be sworned or affirmed;
  4. not affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint on the document before him;
  5. refuse his service when the Commissioner for Oaths has credible cause to suspect that any person before him is engaged in deception, fraud, duress, or any other illegal conduct;
  6. carry out the functions of his office in a prompt, reasonable, efficient and with integrity; and
  7. make himself available to conduct all functions of his office at regular and reasonable time.

"It is impermissible for any Commissioner for Oaths to act as a witness in any documents unless permitted by law. Kindly refer to the letter issued by the Chief Registrar of the Federal Court dated 3 November 2015. As of to date, the following are the laws that permit a Commissioner for Oaths to act as a witness:

  1. Form 1 and 2 under Section 3 (First Schedule) Power of Attorney Act 1949
  2. Money Lending Agreement under section 27(1) of the Moneylenders Act 1951
  3. Guarantee Agreement under section 22 of the Hire Purchase Act 1967
  4. Memorandum and Title under section 97(1) of the Sabah Land Ordinance (Cap. 68)
  5. Certificate, under section 84(2) of the Legal Profession Act 1976

A Commissioner for Oaths is not permitted to certify a copy of any document. Kindly refer to the letter issued by the Registrar of the High Court of Malaya dated 13 Jun 2005. A Commissioner for Oath may attest to a Statutory Declaration made by the owner of any documents to authenticate any documents referred to in the declaration. If a copy of the document is appended together with the Statutory Declaration, the fee shall be imposed.  The Commissioner for Oath is not permitted to affix his seal on the copy of the document.

INDENTIFICATION DOCUMENT OF DEPONENTS

Yes.

Under rule 11(2)(a) of the Commissioner for Oaths Rules 2018, the personal particulars as given in the identity card, passport or any other official document may be used to verify the identity of a deponent. The aim of this rule is to verify the identity of the person who comes before a Commissioner for Oaths is the same as person as the named stated in the declaration.

This provision enables a Commissioner for Oaths to verify the person who appears before him as the same person named in the statutory declaration.

However, a Commissioner for Oaths must ensure the identification documents referred to is not doubtful of its authenticity and legitimacy.

Among the particulars to be verified are the photograph, full name, identification number and the address of the deponent.

Any person who wishes to attest to a document must personally appear before the Commissioner for Oaths.A Commissioner for Oaths shall not affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint on the document before him. Any Commissioner for Oaths who fails to do so has committed a breach of rule 11(2)(d) of the Commissioner for Oaths Rules 2018.

No.

Only the deponent of a statutory declaration or an affidavit may sign a document. It is prohibited for a donee under a Power of Attorney to attest a statutory declaration or affidavit on behalf of a donor unless it is under his name.

In cases where a statutory declaration or document necessitates the signature of several deponents, it must be done together before the Commissioner for Oaths.No representative of a deponent is allowed, to ensure the content of the statutory declaration or document is explained to and understood by each deponent.A Commissioner of Oaths must be cautious in carrying out his function.He must ensure any statutory declaration or document brought to him does not have elements of deception, fraud, duress or involve any other illiegal conduct.

No. The Rules require the attendance of every deponent before the Commissioner for Oaths for every transaction. In the event the transaction involves more than a single deponent, thus all deponents must appear simultaneously on the same date and time before the Commissioner for Oaths. This is to prevent any conflict that may arise from the non-appearance of any of the deponents on the same time and date. 

Yes.

In witnessing the oath, every Commissioner for Oaths must ensure all rules that apply to an adult evenly applies to a child.In addition, the Commissioner for Oaths must ensure the child have an understanding of the subject matter involving the oath.The child must be present together with his or her family member. If the subject matter involving the oath is prejudicial the child’s benefit, the Commissioner for Oaths may refuse to undertake his function under rule 11(2)(e) of the Commissioner for Oaths Rule 2018.

If the mental disorder affecting the deponent is not continuous, the Commissioner for Oaths must ensure that when the deponent places his signature on the document, he is of a healthy mind and understands the subject matter of the oath.

FILLING UP FORMS

There are no requirements under the Commissioner for Oaths Rules 2018 or the Statutory Declaration Act 1969 (revised 2016) relating to the type of pen or ink colour to be used in completing up a Statutory Declaration.

However, it is advisable for the Statutory Declaration be completed up using a single ink colour and a single type of pen. This is to prevent the validity of the contents from being disputed.In addition, it is to be noted that the validity of the affirmed documents are subject to the terms and conditions imposed by the issuing agency or government department.

Under Rule 11(2)(c) of the Commissioner for Oaths Rules 2018, a Commissioner for Oaths may initial, affix a small seal and ensure the deponent initial any alteration made in the document or affirmed. The small seal is as set out under Form 9, of the Commissioner for Oaths Rules 2018. However, it is advisable to replace an extensively amended statutory declaration with a new copy to avoid disputes over the document

THE VALIDITY OF A STATUTORY DECLARATION

Basically, a Statutory Declaration affirmed before a Commissioner for Oaths is for local purposes. Conversely, subject to the laws of the land, this does not prevent any other country from accepting any Statutory Declaration affirmed before a Commissioner for Oaths in Malaysia.

A Statutory Declaration does not have an expiration date and may be used at any time and becomes an evidence for a specific matter on a specific date. Thus, the date of the affirmation of the Statutory Declaration is material.

DOCUMENTS THAT ARE PERMITTED TO SIGNED BY A COMMISSIONER FOR OATHS

Section 97 of the Sabah Land Ordinance authorises a Commissioner for Oath to attest to the signature of any party to a memorandum of title relating to land in the state of Sabah.

Thus all Commissioner for Oaths are authorised to attest to the memorandum of title even though the Commissioner for Oath is appointed carries out his services outside the state of Sabah.

Generally, all Commissioner for Oaths is permitted to sign all documents as allowed under the law.However, an agency or any party requiring the submission of any documents may impose restrictions or conditions on the person attesting these documents. For example, the Shariah Court has set down the prerequisite that only a Muslim Commissioner for Oaths may attest documents relating to the Shariah Court.

Generally, all Commissioner for Oaths is permitted to sign all documents as allowed under the law. However, for Muslim Commissioner for Oaths, it is advisable to avoid from attesting to such application.

THE ADMINSTRATON OF A COMMISSIONER FOR OATHS

Under Rule 11(2) of the Commissioner for Oaths Rule 2018, a Commissioner for Oaths must personally attend to any persons requiring his services. Thus, it is not permitted for a Commissioner for Oaths to appoint an assistant to carry out his role and function.

No, based on the provisions below: a) under Rule 9(2) of the Commissioner for Oaths Rule 2018, the function of a Commissioner for Oaths shall not apply to the advocate and solicitor or any other person who is involved in any court proceeding represented by advocate and solicitor or the advocate and solicitor’s firm.b) under Rule 10(2) of the Commissioner for Oaths Rule 2018, the function of a Commissioner for Oaths shall not apply to any documents prepared by the public officer, officer of a statutory body or any other person.

The Commissioner for Oaths Rules 2018 does not prohibit nor permits such, however, it is advisable for any Commissioner for Oaths who wish to do so to obtain the approval of any relevant authority such as the local authority where applicable.This signage must be sized proportionately and not placed in inappropriate places such as on the poles of traffic lights, public restrooms etc.  

Yes. 

Thus to prevent wastage, a Register (with many unused pages left) for the year of 2018 is permitted to be used continuously from the year 2018 to 2019 and so forth.

Under Rule 16 of the Commissioner for Oaths Rules 2018, a  Commissioner for Oaths who is not a public officer shall display at his place of service, in a clear and visible manner-  

  1. a copy of the instrument of his appointment;
  2. a copy of the provisions of rule 9 or 10, as the case may be, and rule 11;
  3. a nameplate of 40 centimetre X 50 centimetre displaying the name, identification number, address of service and operating hours as in Form 14 of the Third Schedule; and
  4. a signboard of 75 centimetre X 100 centimetre displaying the fees to be levied under rule 17 as in Form 15 of the Third Schedule

Under rule 14(3) of the Commissioner for Oaths Rules 2018, the Register shall be kept safely at the place where the Commissioner for Oaths carries out his services.It is the responsibility of the Commissioner for Oaths to ensure the Register is kept safe at the place of service.

No oath shall be deemed to have been administered unless the deponent signs or affixes his thumbprint, the seal of the Commissioner for Oaths has been affixed to, and the Commissioner for Oaths has signed the document. The Register Book shall be maintained in which all services and transaction rendered are recorded. 

SEAL

The seal is as set out under Form 10, 11 and 12 of the Third Schedule of the Commissioner for Oaths Rules 2018.In both the Bahasa Malaysia and English Language copy of the Commissioner for Oaths Rules 2018, the seal formatted in Bahasa Malaysia with the words “Pesuruhjaya Sumpah”.Thus the seal may not be formatted in the English Language.

The mandatory details are set out under Rule 12 of the Commissioner for Oaths Rules 2018 (read together with the Form 10, 11 and 12 of the Third Schedule).  

There are no specific requirement to the type and size of fonts used.  However, for uniformity purposes, all Commissioner for Oaths must ensure the compliance of the required format and the exact shape (circular) and measurement of the seal (5 cm). 

With regards to the small seal sized at 1.5 cm, it is sufficient for the Commissioner for Oaths to place a short version of his name on the small seal due to its size. 

JURAT

A jurat is a statement of endorsement and translation added at the end of a document. It serves as evidence of the document being read to and explained by an interpreter to a blind, mute, deaf or illiterate person affirming a matter.  An illiterate person includes a person who does not understand a language of the matter he is affirming too.An interpreter is any person who can translate a document. There is no specific requirement for an interpreter to be a certified interpreter. Even a Commissioner for Oaths can interpret a document to a deponent.

The Commissioner for Oaths' role is to write the required information in the jurat. In cases where interpretation is by an interpreter, both the Interpreter and the Commissioner for Oaths must sign the Jurat.  The format of the Jurat is set out under Form 8 of the Third Schedule of the Commissioner for Oaths Rules 2018.  

A Commissioner for Oaths must comply with rule 11(2)(b) of the Commissioner for Oaths Rules 2018 when handling a blind, mute or deaf deponent.He must (by himself or an interpreter) read and explain to the deponent the content of the document and exhibit (if any) and to ensure the deponent understands. He too must place a jurat based on Form 8 of the Third Schedule.

In the event, there is no other manner to assist understanding of the affirmation by these deponents, a Commissioner for Oaths must refrain from signing the document.

STATUTORY DECLARATION

Through a letter dated 5 November 2015, the Chief Registrar’s of the Federal Court has clearly stated that a Statutory Declaration must comply with Form Am 80 of the Statutory Declaration Act 1960 (Revised 2016).

Under Rule 9 and 10, of the Commissioner for Oaths Rules 2018, a Commissioner for Oaths cannot attest any personal statutory declaration. 

Due to conflict of interest, there shall be no attestation of statutory declaration or documents affirmed by any immediate family members such as spouses, children or parents.

Based on the Chief Registrar’s of the Federal Court letter dated 5 November 2015,  a Statutory Declaration is as set out under Form Am 80 of the Statutory Declaration Act 1960 (Revised 2016). If the format of Form Am 80 has been complied save for the phrase “Statutory Declaration Act 1960” the Commissioner for Oaths may insert the phrase into the document. The preferred option is to draw up a new statutory declaration.

A Commissioner for Oaths must peruse through each document that is brought before him as he needs to ensure the deponent understands the contents of the document requiring the affirmation.  The Commissioner for oaths must also ensure that there is no element of misrepresentation, fraud, duress or other illegal pertaining the affirmation.

A statutory declaration must be drafted personally by a deponent and not by a Commissioner for Oaths.Preparing a pre-formatted Statutory Declaration or drafting on a blank Form Am 80 is considered as rendering assistance to the public in preparing the document.

PLACE OF OATH

Yes.

A Commissioner for Oaths is appointed to attest to any document allowed by the law and subject to the powers of a Commissioner for Oaths as set out under Rule 9 and 10 of the Commissioner for Oaths Rules 2018. 

FEES TO BE LEVIED

Under Rule 17 and the Second Schedule of the Commissioner for Oaths Rules 2018,the fees imposed by a Commissioner for Oaths are RM10.00 for an affidavit (by a deponent), RM5.00 for a copy of an affidavit (by a deponent), RM5.00 for an exhibit, and RM2.00 for a copy of an exhibit.

A Commissioner for Oaths may levy a fee of RM10.00 for every other document (excluding statutory declaration) allowed under the law for a Commissioner for Oaths to sign such as the DDA Form (Regulation 4A) and the Power of Attorney. 

Under Section 2 of the Statutory Declaration (Fees) (Amendment) Order 1993 the sum imposed for an attestation of a Statutory Declaration is RM4.00 (for each document) and RM2.00 for each exhibit attached. 

There are no fees for copies of a statutory declaration

ADDITIONAL CHARGES

Yes.

Subject to the condition that the additional charges are reasonable and agreed beforehand by the deponent.If the deponent disagrees to the extra charges, no additional fees may be collected.

Providing a service to draft any document for a deponent is prohibited.Thus, imposing an additional fee for this type of service is forbidden.

Under the Commissioner for Oaths Rules 2018, there are no charges for cost incurred by a Commissioner for Oaths for services provided outside the registered address under the Commissioner for Oaths Rules 2018.

However, where prior approval has been given to the Commissioner for Oaths to provide services outside the registered address, any additional cost (inclusive transportation charges) must be agreed upon by the deponent.

As a note of reminder, the relevant fees for the attestation itself must be as set out under Rule 17 of the Commissioner for Oaths Rules 2018 and Statutory Declaration (Fees) (Amendment) Order 1993

COLLECTION OF FEES BY THE COMMISSIONER FOR OATHS

A Commissioner for Oaths who is a public officer shall collect fees by way of praecipe which forms part of the Federal Consolidated Fund. 

Fees collected by a Commissioner for Oaths who is an officer of a statutory body shall form part of its revenue. However, for selected statutory body Federal Treasury directives may apply for the fees to be deposited into the Federal Consolidated Fund.

Fees charged by an advocate and solicitor and any other person in exercising his functions as a Commissioner for Oaths may be retained by him.

COMPLAINTS

The following methods apply in lodging a complaint: By mail to: 

The Commissioner for Oaths Unit,
Chief Registrar's Office of the Federal Court Palace of Justice,
Annexed Building
Precint 3
62506 PUTRAJAYA
or by e-mail at bpjs@kehakiman.gov.my 
by telephone at 03- 8880 9503.

The Commissioner for Oaths undertakes the function to provide accurate and authoritative information relating to the services of the Commissioner for Oaths. 

To prevent misinformation and doubtful information regarding the services of the Commissioner for Oaths, kindly contact us through the following methods: 

By mail to: 
The Commissioner for Oaths Unit, 
Chief Registrar's Office of the Federal Court Palace of Justice, 
Annexed Building
Precint 3
62506 PUTRAJAYA 
or by an e-mail at bpjs@kehakiman.gov.my 
by telephone at  03-88804296 / 03-88804039 / 03-8880 4036.

REVOCATION

The Chief Justice of the Federal Court may revoke the appointment of Commissioner for Oaths by a notice in writing at any time for any breach of the Rules or for any other causes. The appointment of a Commissioner for Oaths shall automatically be revoked if-

  1. he has been declared a bankrupt;
  2. he has been convicted of any criminal offence;
  3. he has been detained under any preventive laws;
  4. in the case of a public officer or officer of a statutory body, a disciplinary action has been taken against him, he has been terminated from office; or compulsory retired; or
  5. in the case of an advocate and solicitor, he has been suspended from practice or has had his name struck off the roll.

Under Rule 19(6) of the Commissioner for Oaths Rules 2018, provides that any Commissioner for Oaths whose appointment has been revoked shall not be re-appointed as a Commissioner for Oaths.

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