A Commissioner of Oaths in Malaysia, also referred to as Commissioner for Oaths, is a public official, authorized by law to administer oaths, affirmations or declarations for a variety of legal documents such as affidavits, statutory declarations, and other official documents. They play a crucial role in preventing perjury and ensuring that legal documents are properly executed.
Typically, a Commissioner of Oaths can be lawyers, judges, or individuals appointed by the Chief Justice. They must adhere to the rules and regulations set out in the Commissioners for Oaths Act 1949 and the Commissioners for Oaths Rules 2018.
Career as Commissioner for Oaths in Malaysia
How to become Commissioner for Oaths in Malaysia?
In Malaysia, the Commissioner of Oaths are appointed by the Malaysian Chief Justice. Here are the steps to become a Commissioner of Oaths:
- Eligibility: The first requirement is to be a Malaysian citizen and above 21 years old. You also cannot be a bankrupt and must have a good conduct.
- Educational Qualification: You should have at least SPM qualification or its equivalent which is recognized by the government of Malaysia.
- Application: You need to apply to the Chief Registrar’s office to become a Commissioner of Oaths.
- Interview: After submitting your application, you will be called for an interview by the Selection Committee in the Chief Registrar’s office.
- Training: If you pass the interview, you will be required to attend a course and pass a written test conducted by the Federal Court Registrar.
- Appointment: If you successfully complete the training, the Chief Justice may appoint you as a Commissioner of Oaths.
- Oath of Secrecy: You will be required to take an oath of secrecy before you start your duty.
- Registration: After the appointment, you need to register with the Chief Registrar’s office. You will be given a certificate of appointment and an identity card. These need to be renewed every three years.
Remember that the above description is not exhaustive. The entire process may take several months and there is a fee for the training and registration. Also, Commissioners of Oaths are not allowed to advertise their services in Malaysia.
Do I need any degree to become Commissioners of Oaths in Malaysia?
No, you do not necessarily need any specific degree to become a Commissioner of Oaths in Malaysia.
However, according to the Malaysian Legal Profession Act, you must be a member of the Malaysian judicial and legal service or hold an office not lower than that of a magistrate or a registrar of a Subordinate Court.
So, while a degree may not be necessary, you do need to have held certain legal positions. It would be beneficial to have a background in law or legal studies.
Is there any exam to become Commissioner For Oaths in Malaysia?
Yes, in Malaysia, one needs to pass an exam to become a Commissioner for Oaths.
The exam is administered by the Legal Profession Qualifying Board. After passing the exam, the candidate must apply to the Chief Justice for the appointment.
Just so you know, only Malaysian citizens can apply to become a Commissioner for Oaths.
What is the role of Commissioner For Oaths in Malaysia
Commissioner For Oaths play an essential role in legal matters, ensuring that people are providing truthful and accurate information in various legal documents.
Their responsibilities include:
- Administering oaths for affidavits, which are written statements confirmed by the oath or affirmation, for use as evidence in court.
- Taking and receiving statutory declarations, which are written statements of facts that a person signs and declares to be true.
- Attesting to the signature on a document, which involves a person swearing before the Commissioner that the signature on the document is their own.
- Certifying a document’s true copy, which involves verifying that a copy of a document is a true and accurate reproduction of the original.
Commissioner for Oaths must adhere to the rules and regulations of the Commissioners for Oaths Rules 1993, and they are typically lawyers, but can also be court officials, civil servants, or persons deemed fit and proper by the Chief Justice.
In Malaysia, a Commissioner for Oaths can only carry out their duties within the country, and their powers do not extend beyond Malaysia.
Why do we need Commissioner For Oaths to get a Certified True Copy in Malaysia?
When you need a certified true copy of a document in Malaysia, this means you need a copy of that document which is verified to be true by the Commissioner for Oaths.
This is often required for legal purposes, to prove that the copy is an accurate and complete replica of the original document.
The Commissioner for Oaths ensures the person presenting the documents to be copied is the legitimate owner or bearer. This prevents fraudulent activities such as identity theft or presenting falsified documents.
In addition, certain documents like affidavit, statutory declaration, and other relevant legal documents, need to be sworn before the Commissioner for Oaths to be admissible in court.
Remember, getting a Commissioner for Oaths for a certified true copy in Malaysia is an important step in verifying the authenticity of the document.
What are the differences between Commissioner for Oaths and Notary Public in Malaysia?
Here are the differences between Commissioner for Oaths and Notary Public in Malaysia:
- Scope of Duties: A Commissioner for Oaths in Malaysia is only authorized to administer and witness official documents that are to be used within Malaysia. On the other hand, a Notary Public can do the same for documents that are to be used internationally.
- Legal Recognition: The documents witnessed and stamped by a Notary Public are recognized internationally, while those witnessed by a Commissioner for Oaths are generally only recognized within Malaysia.
- Types of Documents: A Commissioner for Oaths usually deals with affirmations, declarations, and oaths that are used in court proceedings or other legal matters within the country. Meanwhile, a Notary Public can handle a wider range of documents, such as contracts, deeds, powers-of-attorney, and foreign and international business documents.
- Appointment: Commissioners for Oaths are appointed by the Chief Justice of Malaysia, while Notary Publics are appointed by the Attorney General of Malaysia.
- Charges: The charges for services provided by a Notary Public may be higher than those of a Commissioner for Oaths due to the wider range of services and international recognition.
- Duration of Appointment: A Commissioner for Oaths is appointed for a period of two years, while a Notary Public is appointed for life, unless the appointment is revoked.
- Certification: Notary Public can certify the authenticity of the copies of documents but Commissioner for Oaths cannot.