Notarisation of statutory declarations is a legal process by which a notary public authenticates a formal statement made by an individual, affirming that the contents of the statement are true. Statutory declarations are widely used in legal and administrative processes, serving as an alternative to affidavits, where the individual does not have to swear an oath but instead solemnly declares the truthfulness of the document’s content. The notary’s role in this process is essential in verifying the identity of the declarant, witnessing the declaration, and ensuring that the statutory declaration complies with legal standards.
What is a Statutory Declaration?
A statutory declaration is a legally binding statement made by a person to affirm the truth of certain facts. It is similar to an affidavit, but there is no requirement to swear an oath in front of a judge or magistrate. Statutory declarations are often used in situations where the person making the declaration, known as the declarant, needs to confirm facts or provide information to support applications, claims, or administrative processes.
Some common uses of statutory declarations include:
- Proving identity or residency status
- Providing evidence of marriage, divorce, or relationships
- Certifying qualifications or employment history
- Declaring financial information or property ownership for legal or tax purposes
- Supporting visa or immigration applications
The declaration usually contains a statement where the declarant solemnly and sincerely declares that the information provided is accurate to the best of their knowledge. Any false statement in a statutory declaration may result in legal consequences, as it is considered a serious offence to deliberately provide false information.
The Role of the Notary Public in Statutory Declarations
A notary public plays a vital role in the notarisation of statutory declarations by ensuring the authenticity and integrity of the document and the person making the declaration. The process typically involves several steps to ensure compliance with legal requirements:
- Verification of Identity: The notary public must verify the identity of the declarant before notarising the statutory declaration. This step ensures that the person making the declaration is indeed who they claim to be. The notary will usually ask the declarant to present a valid form of identification, such as a passport, driver’s license, or government-issued ID.
- Review of the Declaration: The notary public reviews the statutory declaration to ensure it is properly formatted, clearly written, and meets all legal requirements. This includes checking that the document contains the appropriate language for a statutory declaration and that it includes any required references to relevant laws or regulations.
- Witnessing the Declaration: The notary public must witness the declarant signing the statutory declaration. This step ensures that the document is signed voluntarily and with full understanding of its contents. The declarant must affirm that they believe the information in the statutory declaration is true and correct.
- Notarisation: After witnessing the declaration, the notary public will affix their official seal or stamp to the document and sign it. This step finalizes the notarisation process, certifying that the notary public has verified the declarant’s identity, witnessed the signing of the document, and confirmed that the statutory declaration complies with legal standards.
Legal Implications of Notarised Statutory Declarations
Once a statutory declaration has been notarised, it carries significant legal weight. The notarisation of a statutory declaration ensures that the document can be relied upon in legal, administrative, or governmental proceedings. It provides assurance to the receiving party—whether it is a government agency, court, or employer—that the declarant’s statement is credible and has been made following due legal process.
Importantly, any false information contained in a notarised statutory declaration can have serious consequences. In many jurisdictions, providing false information in a statutory declaration is considered perjury or a similar criminal offence. This means the declarant may face legal penalties, including fines or imprisonment, if it is discovered that they intentionally provided false information.
Common Uses of Notarised Statutory Declarations
Notarised statutory declarations are widely used in a variety of legal and administrative contexts. Some examples include:
- Immigration and Visa Applications: Individuals may need to provide statutory declarations to verify their identity, relationship status, or residency in support of visa or immigration applications.
- Proof of Identity or Age: Statutory declarations are often used to prove identity, age, or residency when an individual does not have traditional forms of identification available.
- Legal Proceedings: In legal cases, statutory declarations may be used as evidence to confirm certain facts or declarations.
- Business and Property Transactions: Statutory declarations can be used in business or property dealings to confirm ownership, financial status, or compliance with legal regulations.