Commissioner For Oaths

Section 11 Court of Judicature Act 1964 

Statutory Declaration Act 1960

Commissioner For Oaths Rules 2018

Subject to the approval and appointment by the Chief Justice of the Federal Court, a person who is:- 

- advocate and solicitor who has been practising for more than 7 years

- public officer

- officer of a statutory body

- from his past experience, as a public officer or otherwise, deemed to be qualified and proper person to be appointed

Section 11(1) Court of Judicature Act 1964 – he/she may:

(a) receive acknowledgments of married women in all cases where acknowledgments are required by law to be taken before a public officer; 

(b) receive acknowledgments of recognizances of bail and bail-bonds; 

(c) administer oaths for— 

(i)  justification for bail; 

(ii)  taking any affidavit or affirmation; 

(iii)  receiving and taking the answer, plea, demurrer, disclaimer, allegation or examination of party(ies) to any action; 

(iv)  examination of witnesses; 

(v)  swearing executors and administrators; and 

(vi)  swearing persons in any court action, matter or proceeding; and 

(d) take and receive statutory declarations.

Generally, a Commissioner for Oaths are legal officials empowered to administer an affirmation, oath or other declaration and ensure certain legal documents when created/signed are legally or statutorily compliant.  

At e-Pesurahjaya Sumpah website: https://epjs.kehakiman.gov.my/direktori/10000?l=1

 Please note the following:

- Bring original identity card or official identity document 

- Review Instrument of Appointment of the Commissioner for Oaths (CfO) displayed at the premise and check on validity period of appointment

- Attend personally. No agent/proxy is allowed

- Ensure document is completed beforehand. CfO is not permitted to draft and complete the document for you

- Ensure you thoroughly understand the contents of the document before signing

- Sign document in front of CfO

- Once signed, CfO will affix seal and sign on document 

- If any alteration/amendment to document is made, each alteration must be initialled at the side by the party signing and CfO and CfO to affix miniature/small seal

- Ensure document is dated as the same date of signing

- Ensure your details recorded in the Register of the CfO are correct before signing on it

- Check fee chargeable, which will be displayed by CfO at the premise

No. The person must be present and sign the document in front of the Commissioner for Oaths. As such, no proxy is allowed.

No. The Commissioner for Oaths is not authorised to do so, but if it is to be annexed as an exhibit, the Commissioner for Oaths can affirm the exhibit with the Statutory Declaration (SD) declaring the exhibit as a true copy.  Be that as it may, our lawyer can certify a document as a true copy in his capacity as an advocate and solicitor instead.

 No. The Statutory Declaration must be in the format found in the Schedule of the Statutory Declarations Act, 1960.

No. The Commissioner for Oaths is prohibited from assisting to draft any document.

No. The Commissioner for Oaths must only carry out services at his approved office address, except under special circumstances or where prior approval has been given by the Chief Justice.

Yes, but the Commissioner for Oaths must ensure that the person understands the oath to be made after reading and explaining the contents of the document (including exhibits).

Yes, but the Commissioner for Oaths must ensure that the child understands the content of the Statutory Declaration or the subject matter involving the oath. The parent/family member of the child must also be present.  However, if the Commissioner for Oaths views that the content of the Statutory Declaration or the subject matter of the oath is prejudicial to the child’s interest, the Commissioner for Oaths may refuse to undertake the task.

 Yes. All the persons signing the Statutory Declaration or document must be present before the Commissioner for Oaths and sign at the same time. 

The Commissioner for Oaths is prohibited to be a witness of the signing of an agreement or any document, save and except for the following:-

- Form 1 and 2 (Power of Attorney Act 1949)

- Moneylending Agreement (Moneylenders Act 1951)

- Guarantee Agreement (Hire Purchase Act 1967)

- Memorandum and Title (Sabah Land Ordinance)

- Certificate, under section 84(2) of the Legal Profession Act 1976

For frequently asked questions (including those not mentioned above) in Malay, please click here.

Untuk Soalan Lazim dalam bahasa Malaysia, sila klik di sini.

As the Commissioner for Oaths may be out of office attending to other matters at times or may be on medical leave or for some reason he/she cannot be in office on that day or at that time, it is best that you make an appointment first before going to the Commissioner for Oaths' office to avoid any disappointment.