A notary public in One Raffles Place 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.
One Raffles Place Notary Public Service Locations
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.
Affidavits Are Also Affirmations
A notary public is a certified official that is capable of acting as a reliable, impartial witness for the signing of important documents. A notary public is also able to administer oaths and may have other official capacities depending on the jurisdiction.
In the Singapore, most notary public charge a nominal fee for their services. Notary public dispense their official duties by marking documents with their signatures and a distinctive embossed stamp or inked seal. A document which has been witnessed by a notary public has been notarized.
Notary Public: Benefits The benefits of using a notary public are simple. By certifying the veracity of the signing parties, the notary provides an inexpensive way for organizations and individuals to enter into contracts and conduct business with a reasonable assurance that the notarized documents will be recognized in court. Using a notary public is a way to protect against fraud, as the notary is responsible for requiring the signer of a legal document to establish his or her identity. Although this is not conclusive proof of identity, it provides reasonable evidence of identity so that every day business can be conducted. A notary also acts as a disinterested third party for parties entering into a legally binding agreement.
Notary Public: More Info HISTORY The concept of a notary is as old as the Western concept of civil law, which has its beginnings in the courts of Rome. As the Roman legal system became more codified, the law courts became more and more reliant on the use of scribes for maintaining the court records. These scribes developed a system of legal shorthand, called notary. In time, a legal scribe earned the name notaries. The name has been handed down through the centuries, living on past the fall of the Roman Empire. During the Middle Ages, the role of the notary public was often taken by the clergy, who were charged with recording private and public transactions, as well as drawing up official documents.
ROLE Today, a notary public's duties are somewhat different than the duties of a notaries. In the United States, a notary public has been authorized by a specific body, usually a state government, to perform the services of a notary. These duties are usually confined to the witnessing of documents and the administration of oaths. Some states also allow notary public to certify copies of official documents
Two of the most common documents that a notary public will witness have to do with the sale or transfer of real property and the granting of power of attorney. A few examples of the documents that a notary public can officially witness include the following: - Acknowledgements - Affidavits - Oaths - Formal protests Some states give notary public significantly more duties. For example notary public in Louisiana are able to perform most of the duties that a lawyer can provide with the exception of representing another person before a court. Three states--Florida, Maine and South Carolina--allow notary public to solemnize a marriage ceremony. Some states will require the notary public to maintain a record of official acts. Although keeping a journal of official acts performed is not mandated by all states, many professional notary organizations recommend that all notaries keep records of their actions.
SIDEBAR: Legal Language Ever wonder why legal documents are about as clear as mud? The wording of legal document has to abide by certain customs and restrictions in order to have any binding effect in a court of law. This wording is called acceptable language.
SIDEBAR: Documents and Definitions Know your jurat from your acknowledgement? Here are the definitions of some of the common documents handled by a notary public. Acknowledgement: A legal declaration of an act. Affidavit: A sworn statement of fact Jurat: A part of an affidavit containing the oath or affirmation.
Becoming a Notary Public.
In the United States, each state is responsible for commissioning notary public to practice within its jurisdiction. In general, the requirements for becoming a notary public are relatively easy to meet. In most states, an applicant must be at least 18 years of age. Most states charge a small fee as part of the application process. Some states require satisfactory performance on an exam before commissioning the notary officer. In some states, the notary is required to hold a bond as insurance in case of a lawsuit leveled against the notary public.