CO-His Powers and Caveats

Powers to Wield

Do take note that there are two categories of persons who can be appointed as COs. The first category are the advocate and solicitor. The second are public officers and other persons.

Under Part 5, Rule 11 stipulates the duties of a advocate and solicitor who is appointed as a a Commissioner of Oath(CO).

He may do all or any of these functions and duties.

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


(b)receives acknowledgments of recognizances of bail and bailbonds


(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 any part or parties to any action;
(iv)the examination of any witnesses upon any interrogation or de bene esse or in chief or on any other occasion;
(v)swearing executors and administrators; and
(vi)swearing persons in any action,matter of proceeding which is pending or about to be instituted in any courts; and

(d)take and receive any statutory declarations.

There is a caveat, though.

A advocate and solicitor appointed as a CO shall not exercise any of the functions specified in paragraphs (a) and (d) in respect of any person who is involved in any court proceedings represented by such advocate and solicitor or his firm.

Under Rule 12,the public officer or any other person appointed as CO may perform a shorter list of duties.

(a) He can administer oaths for:
(i)the justification for bail,
(ii)taking any affidavit or affirmation
(iii)swearing executors and administrators; and
(iv)swearing persons in any action,matter or proceeding which is about to be instituted in any courts; and

(b)take and receive any statutory declarations.


There is a caveat, though.


A public officer or any other person appointed as a CO shall not exercise any of the functions specified in paragraphs (a) and (b) in respect of any documents prepared by him.


So, take note of the caveats.