A notary public in Tanjong Rhu is a public servant appointed by a state official. The general focus of his or her job is to witness the documents’ verification and administer oaths. They serve to deter fraud, appearing as an impartial witness for legal documents such as affidavits, deeds or powers of attorney. The presence of a notary public helps to screen for imposters and make sure both parties are entering into an agreement knowingly and willingly.
Similarly, legalization is the process of proper authentication or screening of documents or the notary by the high commission or the embassy or the consulate of the country in which the document is to be used is authorized to or located in Singapore. In simple terms, it is the official confirmation of the originality of the documents or we can say that document legalization is just the confirmation that the stamp, seal or the signature showing in the document is genuine and not a fraud.
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A general power of attorney form is used if you want or granting an attorney to use his full power to take actions on your behalf over some transactions, mainly financial matters. Another description is if you appoint a certain person to be your attorney or general powers and let him act for you over money matters, then use the general power of attorney form.
Enduring power of attorney form is used if you appoint someone to be your attorney for this present time and will continue to be your attorney if at a certain time in the future you will lose capacity or capability. This is also use if you appoint someone to be your attorney if only at a certain time in the future you will lose capability.
You or the person appointing is called the "principal". You will be the one to complete the form by writing your answers on the appropriate lines and ticking boxes. After all the required field has been filled up, the principal sign the form and someone will have to witness your signing. Any adult is allowed to witness the signing. However, if this form is needed to be recorded and registered under an organization or department, then a lawyer, justice of the peace, notary public or commissioner must be the witness. These forms are available mostly in the internet and can be downloaded for free. Usually in the Word format, it is easy to print and ready to use. Comes in different form but all says the same purpose.
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The Commissioner of oath, with a general reference to solicitors and advocates, officers working under government ministry, court interpreters, statutory boards, government-associated companies, employees of not for profit organizations and certain departments who are considered fit and robust to govern oaths. They are actually appointed by the Board of Commissioners for Oaths and Public Notaries.
What is the job of Commissioners of Oaths?
Generally, the job of commissioner of oath is to delegate the execution of oaths and taking care of the legal documents which are to be used in Singapore. This incorporates the complete administration of oaths, in other words, affirmations, with respect to the affidavits or the evidence in question, anticipated to be used in Singapore court or the statutory documents to be taken or received in Singapore. Also, the commissioner of oath takes care that the person standing before him has thoroughly read the affidavit and is fully acquainted with the contents of the affidavit. Further to this, the commissioner of oath should also demand the person to swear or testify that the affidavit is genuine by carrying the testament in the right hand and reproducing the words of oath in front of him. All these services are charged in Singapore and are prescribed by the Senate of the Singapore Academy of Law and so, is not negotiable in any terms.
Oath, Affirmation, Affidavit and Statutory Declaration: A glance at their meanings
Oath: A swear or a vow on the subject of truth of statements or facts provided by the maker of oath.
Affirmation: It has almost same legal power as the oaths is pursued by the persons of different religions, like Hindu, Muslim or any other and is with respect to the oaths. Here the oaths are not of mandate force and the person is not having any conscientious objections to the taking of oath.
Affidavit: It is a written sworn statement or information of facts that is drafted by the deponent. Unlike Affidavits, testimonies are vocal evidences given by the witness while taking oath.
Statutory Declaration: It is the statement drafted to establish an entity or any statement to be true for the purpose of satisfying any legal proceedings or requirements. These statements are not vowed or sworn.
Why may one require the services of Commissioner of Oath and affirmations in Singapore? The requirement of a Commissioner of Oath and affirmations may be required because of the following reasons: 1. If you are giving evidence or proof on the affidavit for any court or legal proceeding in Singapore. 2. If you are constituting a declaration, affirmations, examination, attestation or acknowledgement to be required for the purpose of registering the documents or for the purpose of the court proceedings.
A Detailed look at the services of the Commissioner of Oath Under Section 68 of the Supreme Court of Judicature Act, there is a rule 7 with regards to the Commissioner of Oath, which justifies the functions which can be performed by different commissioners.
This Section reads as, The Senate of The Singapore Academy of Law may appoint fit and proper persons to be commissioners for oaths (subject to any limitations expressed in their appointment) who may do all or any of the following things – (a) Receive acknowledgements of married women in all cases where such acknowledgements are required by law to be taken before a public officer; (b) Receive acknowledgements of recognizance of bail and bail bonds; (c) Administer oaths for – (i) the justification for bail; (ii) taking any affidavit or affirmation; (iii) receiving and taking the answer, plea, demurrer, disclaimer, allegation or examination of any party or parties to any action; (iv) the examination of any witnesses upon any interrogatories or de bene esse or in chief or on any other occasions; (v) swearing executors and administrators; and (vi) swearing persons in any cause or matter which is pending or about to be instituted in any court in any of its jurisdiction; (d) Take and receive the statutory declarations.
Fees required to be paid to the Commissioner of Oath in Singapore:
As mentioned above, the Section 68 of the Supreme Court of Judicature Act along with the Commissioner of Oath Rules designates the fees that the commissioner of oath may charge for the services rendered by him. The fee is set by the Senate of the Singapore Academy of law and is non-negotiable. However the services may not be charged depending on the organization for non-lawyers.
Also, an additional fee may be charged when the oath is pursued outside the office of the commissioner of oath and he is allowed to charge an appropriate fee for deciphering or interpreting the contents of the affidavit to the deponent.