The Duties and Conduct of a Commissioner for Oath

Being a Commissioner of Oath is no easy matter. There is discipline and decorum to follow. Duties must be conducted in a manner as predetermined by Part VI of the Commissioners for Oath Rules, 1993.

Rule 13  lists out the procedural duties of a Commissioner. Rule 13(1) stipulates the manner in which he should wear his identification tag. It should be placed at the top left shirt pocket as described in Form 5.

On the right hand side of the tag is the Malaysian crest and the name of the Commissioner must be clearly be spelt out with the designated words, PESURUHJAYA SUMPAH, below the name of the Commissioner. Underneath these words, you need to display your identification number. The crest should be 2 1/2 cm vertically and 21/2 cm horizontally. As for the name and designation, the length should not be more than 8 cm and the breadth should be 21/2 cm. The full length of the tag cannot be longer than 10 1/2 cm.

Rule 13(2) explains the process on how a Commissioner of Oath ought to provide service to a client. The process to follow is:

(a) Firstly, verify the identity through the particulars in his or her identity card or passport. Look at the address of the person seeking your service to make a declaration, affirmation,affidavit,oath or statement in front of you.
(b)You have also to read and explain the contents of the documents and exhibits attached to the documentation to the deponent or maker of the document when the deponent is illiterate,blind or does not understand the language in which the document is written in. Certify it only when he has understand it in the jurat.

So who is a deponent?  He is the person testifying (stating answers in response to questions) at a deposition.

What is a jurat? This refers to a certificate of an officer that a written instrument was sworn to by the individual who signed it. It is derived from the Latin word, jurare, meaning ' to swear'.

It is proof that an oath was taken before an administering officer such as a Commissioner for Oath or a notary public. In an  affidavit, a jurat is the clause at the end of the document stating the date, place, and name of the person before whom it was sworn.

As warranted by Rule 13(c), every Commissioner must initial any alteration made in the document to be sworn or affirmed.

Rule 13(d) cautions that a Commissioner cannot affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint thereto before him.

Rule 13(e) advises a Commissioner to refuse the services of his office if he has cause to suspect that the person engaging his service is doing so deceptively,fraudulently or under duress; or any other illegal conduct.

Rule 13(f) stipulates that a commissioner must carry out the functions of his office in a prompt, reasonable and business-like manner

Rule 13(g) requires a Commissioner to make himself available to conduct all functions at his offcie at regualr and reasonable hours.

The jurat  will have these words in  a 6 cm and 10 cm box.These words should be in it.

"Read over and explained to ...........................in ..........................(language) by:..............................
Name: ......................................
Office:......................................

.................................
Commissioner of Oath

The jurat may also be typed onto the document.

So,if you want to become a Commissioner for Oaths, watch out for these procedural issues! They can be dicey.....