Administering oaths

What precautions should I take when administering oaths or taking statutory declarations?

When administering oaths or taking statutory declarations as a Fellow, you should take the following precautions, and ensure that:

  • the client is present, and signs the document in your presence;
  • the client is competent to swear the affidavit or declaration;
  • the client is aware they will be swearing or declaring the truth of the statement;
  • the exhibits, if any, are the correct documents referred to;
  • you, or your firm, are not acting for the parties, or are otherwise interested in proceedings in which the individual is to swear the oath; and
  • you do not administer oaths for family members.

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