The Commissioner for Oaths Interview

Proof of Oath

Yes, I faced my moment of truth.

Today I went to Putrajaya for my interview.

On hind-sight-I did not fare well. There were bloopers galore.

Some fumbles that should have been avoided.

1. Name of the Chief Registrar-Nada! Don't know!
2. Father of Development? No, not Dr. Mahathir. Tun Abdul Razak-another fumble.
3. Fees for affidavits, exhibits and copies. Fumble- Gave wrong answer-lah
4. What are the krises in the coats of arms- Institutions-fumble-represent Unfederated Malays States
5. Court structure-did not mention Sessions court. I guess I will get by here.

So, how do I feel about the interview? Dicey-Man on the Ledge

Passing the examination has soothed my ego.

If I should fail this interview, I can still appeal.

As time is the essence here and I have now only 4 years to go, it looks like I will possibly not take up this vocation if offered.

Moreover,if it does not pay, it will make me just another shopkeeper.

Not the most rosiest of pictures, don't you agree?

Com Oath-The Interview

Smart Show?

Truth be told. I knew I did well and aced the exam in Sun Tzu style!

So, when I went to the Pos Laju Office this morning to collect a letter, there it was.

And so I have been called for an interview for the post of Commissioner of Oath.

It is at usual at the Palace of Justice at Putrajaya on Monday, 8th October at 9 a.m.

So, I will have to re-read the silly COM Rules to give a super verbal  viva voce this time around.

I guess getting ready for the interview is half the fun.

Must remind myself to bring my Identity Card, my full  resume and my certificates when I go for this interview.

Meanwhile, kena belajar sekali lagi!

COM: 35 Questions in One Hour

Halls of Power

I have just got back from splendorous Putrajaya after walking in the Halls of Justice.

At 2.30 pm, the examination started and this time they were very much more professional. The briefing did not eat into exam time, not like last year with that jabbering officer.

Interestingly, it was all MCQ and to my judgment it was a breeze though they threw in some barbed non-law questions.

I finished it in record time of 30 minutes and left the hall in triumph with God's blessings surrounding me. I was in cheerful spirit.

Fair Lady of Justice

Believe me, it was great to have all those calun  sitting for the exam watching you leave the hall. Two more candidates left after me. Magnificent trio!

Not like last year when they killed us carnage-wise with a 90% subjective question format.

So, what is the exam all about this year?

Let me recap......

Three questions was on the Chief Justice, two questions of fees, a question to test your understanding of the doctrine of the separation of power, some questions of qualification, appointment and reappointment, change of business address, power to inspect, details in a register, some test of the Statutory Declaration Act, 1960,  duties of a Commissioner, the Malaysian Constitution,display of appointment letters,appropriate text of powers, conduct and duties, power of revocation,some mathematical computation of fees to be paid  for affidavits and exhibits and penalties.

Fate Awaits 

What could be troubling are those answers with options like:

a) I, II and III
b) All the Above
c) Only I and II
d) Only II

So, if you are not good in your memory work, it could be daunting.

I was however amused by questions on the diameter of the seal and the dimension of the name tag. Not many would know these dimensions because these are truly not legal matter question but meant to outsmart you with retort like, " Got ya!".

They need to test more on substantive legal matters and not design specifications.

I spoke to an elderly candidate (Not that I am any younger) and he told me he took a similar examination in January this year and thought he got at least 90% of the answers correct. Yet he got a dukacita letter that he flunked!

Well, I do not know whether I aced it this time though I want to believe so.

Anyway, let me think about setting up shop if I do passed with God's grace.

25 Rules and Poor Memory

Seven more days to go before I high-tail to Putrajaya for the Commissioner for Oath examinations again.

As usual, in law you must be able to quote better than a mynah bird.

Knowing the substance of the law is not important in Malaysia. You must know the rules and sub-rules.

In my younger days, this would have been a breeze. not anymore as my gray cells upstairs betray me ever so often these days.

Only 25 rules and I am fumbling like a school kid on his first day in kindergarten.

Thankfully, I could remember the beginning rules such as Citation and commencement (Rule 1),Qualifications  (Rule 2)and Eligible persons(Rule 3) and from the back, the repeal provision (Rule 25), the savings rule (Rule 24) and the forms (Rule23).

I am trying to learn by associationships.

So, Rule 22 can be recalled now as it pertains to Penalties. I know Rule 11 is about Advocates and Solicitors and Rule 12 about Public Officers and Others.

As disorderly a mind

At this moment, I am fuzzy about the rest.

The True Life of a Commissioner of Oath

Not Really Exciting Job, lah!

As Loyar Buruk puts it in an earlier posting,in his own laughable treatment of this subject, I would like to tell you a story in the life of a Commissioner of Oath(COM).

I do not believe the comparison of a COM with the other Commissioners is apt on almost all counts. While the others are almost ordained full-time occupations with fat pay and a platoon of workers to boot, COMs are lowly paid, providing a much needed community service on behalf of the courts.

The COM is a humble person doing his 'business', if ever that could be called. He is an extension worker of the court system; an adjunct of sorts.

Granted the poor man's rate of only being paid RM4 per document for the work he has to do and all the obligations he has to carry out if he is not to fall foul of the COM Rules, 1993, he is indeed a wretched creature eking out a humble  living while the government pour and heap revisions upon revisions on doctor's salaries and allowances. That goes for nurses and particularly police, army and teachers.

The rates are overdue for a revision ages ago and yet no one cares about the poor plight of the COMs. The process can be tedious and not what Loyar Buruk under-represented. Just take the laborious process of oath taking for the documents that needs to be formally administered by a COM. This include explaining the contents to the blind, illiterate as well to those who do not understand the language in which such documents are written in. Inter-language translation and interpretation may also be involved. A lot of patience,Loyar Buruk!

A fair rate would now be in the region of RM6 for an original affidavit or affirmation and other such documents that needs to be administered by oath. The attached exhibits should similarly be set at RM3 a piece and they also go through a similar process. For  duplicates, it should now  be at RM4 apiece with copies of exhibits at RM2.

Why the need for this revision? Grossly overdue!

The rental of a small office or even a small corner of a secluded one now cost minimally RM350 in a city such as in Kuala Lumpur or Petaling Jaya, Subang Jaya and possibly as far as Klang and Kajang. Just eating lunch in such places could damage your pocket by RM10 these days. No, Chatime, my friend-too expensive!

Speaking to a friend who happens to conduct his business in one of the suburbs of Petaling Jaya, he tells me honestly, he makes about RM1,000 or so a month after deductions for all overheads from rentals, land-line and mobile phone bills. That would not include bus fares as he cannot pay monthly parking on the meager takings as a COM.

Those who have choice offices located near government departments such as court complexes, National Registration Department offices, Immigration, customs etal  can make 'more money'. Sometimes as much as RM3,000. But then, how lucky are you without those connections and cables?

Then there are rules to follow when you conduct a COM business. These rules are water-tight such as how you should be dressed, what should be affixed to your office wall and procedure galore that you must lead the customers through before administering the oath, sealing and signing the deponent's documents.

Also, watch that uncalled for business just about time you choose to close the office which delays your departure for home. The other thing are those pesky lawyers who want you to sign documents without the presence of deponents and some who lure you to their office to administer the oaths there.

According to my friend, he had better experience with accountants and company secretaries.(No offence to lawyers!).

Then, there are also those shock and awe visits from officers of  the courts. If, you are not there at the office at that time, woe betide you! This cat and mouse game is played to catch you with your proverbial trousers down.

If on that day, you do not have your name tag on; your register has yet to be in order,  your signboard is off the approved dimensions,and your  appointment and duties documents are not affixed on the wall, you will likely get a nasty report that could lead to your suspension and permanent revocation as a COM.

So, what does a COM do everyday at work? He reads his hard copies of "The Star" or " The News Straits Times" forward and backward and from bottom to top and from top to bottom. If he is an investor, he follows the snail-paced stock market movements on his iPAD; and keep on drinking tea (of many sorts) and running to the toilet;and eating biscuits to fatten his 'money bags' around his waist while awaiting for lunch hour and time to close office. A poor life this is , no time to stand and stare......

Yes, it will be a dull life and is only suitable for retirees. You also have to pay RM120 per year to be a COM at work. Duit lesen of sorts, faham? Each extension or reappointment if you are successful,will be for another 2 years.

Do not be a guarantor for you may end up in a bankruptcy proceeding and do not be an intrepid investor and get involved in petty  crimes accusations particularly deceit and cheating.

Mere proceedings may dent and annihilate your 'short  COM career' forever.

Also once you reach 65 years they will retire you for the second time. Unless the Chief Justice extend your service; which is unlikely.....

Belittling the Commissioner for Oaths?

Chopping Man?

Loyar Buruk in the Selangor Times dated July 6-8, 2012 has an obtuse wit or unforgivable scorn towards Commissioners for Oath.


A query from a Walt Whitman, via email, possibly an imaginary modern-day missive went like this.


Lord Bobo, 


What is a' Commissioners for Oath'?It sounds very grand but I understand all that they do is sign photocopies of documents to make them certified true copies. What else do these commissioners do? I'm considering my career options and looking for a career involving monotonous tasks that I can attend to between writing poetry, and to bring in a steady income stream.


This is the answer proferred by the Lordy Bobo from the Comedy Courts of Mirth.


Here goes:


On a scale of 1-10, on the power scale,  a Commissioners for Oath (COM) ranks a big zero.


Unlike a police commissioner,commissioner of census or commissioner of law revision-who are all in command of the many competent and intelligent men and women of rank, and do important stuff for the nation, a COM has only his chops, record book,badge, and trusty signing pen at his command and sits around waiting for customers a lot.


It is a position often given to retired civil servants,,current government officers entrusted to administer oaths, or very ambitious lawyers.As his powerfully sounding title suggests, he has the power to administer oaths.


Although he is most famed for administering oaths when someone affirms an affidavit and taking and receiving statutory declarations ( a sworn statement), he can do other things too depending on his underlying role.


If he is also an advocate and solicitor,he can receive acknowledgement of married women when it is required by law, receive acknowledgement of bail and bail bonds, administer oaths for justification for bail, oaths for examination of witnesses and swearing of executors and of witnesses in a court action.


Aside from that, a COM would have long thoughtful discussions with the dispatch or customers who seek his services, eat a fair deal of unhealthy food, sit on hsi rapidly expanding posterior due to the lack of exercise and grow pretty cynical about life.


He would however cultivate the awesome ability to burst-sign something like 60-70 pages per minute for about 10 minutes. that is not an ability  to be looked down upon. Not many humans or even wonder monkeys can do stuff like that.


As for career options, you'd best keep that day job, even if it's writing poetry no one reads. His fee's is just RM4 per affidavit and RM2 for each copy of an affidavit (not sure why since he has to sign it the same way with the same ink as the first. It's not like he can just dot the rest since he gets a lesser rate). It's also RM2 per exhibit and RM1 for each copy of the exhibit.


A COM gig, however, would suitably complement a food stall business like nasi lemak  or various kuih.


Take note however that you cannot affirm the awesomeness of the food you are selling. That's a flagrant conflict of interest. So keep it fragrant.


I will write some of my thoughts raised by loyar buruk in another posting.

CO-The Glossary of Terms

Oftentimes, when you study the law in English and yet have to be examined in Bahasa Malaysia, you may be stumped when you have problems with nomenclature and terminologies.

Here is a glossary of the terms you should get yourself familiar with.

                                         GLOSSARY AND TERMINOLOGY

BAHASA MALAYSIA	ENGLISH
sabit	convicted
curang	fraud
keburukan akhlak	moral turpitude
budi bicara	discretion
bermastautin	resident
setara	equal
batasan	limitation
akuterimaan	acknowledgement
ikatan jaminan	assurances
bon jaminan	bail bond
afidavit	affidavit
ikrar	pledge
rayuan	appeal
demurer	demurer
penolak tuntutan	disclaimer
pengataan	allegation
de bene esse	good for the present
sumpah wasi	oath of executor
pentadbir	administrator
akuan berkanun	statutory declaration
justifikasi jaminan	justification for guarantee
disemat	to be studded, be pinned
teg pengenalan	identification tag
diperihalkan	described
melayan	treat,serve
ekshibit	exhibits
dokumen yang hendak di persumpahkan	documents to be sworn
meterai	seal
mengecapkan cap jarinya	finger printed
perdayaan	deceived
fraud	fraud
dures	duress
menyelenggara suatu daftar	maintain a register
suratcara lain	other instruments
jelas dan zahir	clear and tangible
teks kaedah papan tanda berukuran	sign board text measuring
sub-kaedah	sub-rule
pelanggaran kaedah	violation of the rules
dipertuduh	charged
menggantung perlantikan	suspend the appointment
keputusan prosiding jenayah	results of criminal proceedings

nombor pengenalan	identification number
disifatkan	deemed as
dikendalikan	conducted
fee yang dilevikan	fees levied
ditandakan	marked
duti setem	stamp duties
Kumpulan Wang Disatukan Persekutuan	Federated Consolidated Fund
cek berpalang	crossed cheque
berukuran paspot	passport size
salinan foto	photostat copies
perakuan kelakuan baik	certificate of good behaviour

Mr. CO- Always that Umbrella Section on Miscellaneous

Part XII is a catch all, an umbrella .It has 3 Rules.

Rule 23, the owrd, 'forms"  refers specifically  to the forms in the Schedule.

Rule 24  plays the Saving clause function.

It states that irrspective of whatever is provided in these rules, any person other than a public offcierappointed as a CO prior to 1st April 1993 may, subject to these rules, continue to exercise their functions as COs until 31st December 1993. Howver, for public officer appointeed as COs prior to 1 April 1993, they cease functioning from 30th June 1993.

The last Rule 25 repealed the Commissioner for Oath Rules 1988.

There is Always Those Penalties, Mr. CO

As there is joy, there is sorrow.
As there is love there is hate.
Similarly, there are rewards and punishments.

So, for COs, infractions has its penalties, too.

Part XI has that subject. Rule 22 states that a CO who fails to comply with Rules 12,12,13,14,15,16,19 and 21 shall be guilty of an offence and shall on conviction, be liable to a fine not exceeding RM1,000 ringgits or to imprisonment for a term not exceeding 6 months or to BOTH.


So, jaga-jaga lah.......

Mr. CO-Know Your Fees and its Limits!

Allowable Rates of Fees

Rule 21 of Part 10 stipulates what fees can be collected by a CO and the limits too!

Sub-rule 1 states that the fees that can be collected are:

(a) RM4 for taking an original affidavit and RM2 for each exhibit referred to therein and required to be marked.
(b)RM2 for marking any duplicate or photostat copy of the affidavit and RM1 on each copy of exhibit referred to therein.

A proviso: Any affidavit declared by law to be exempted  from stamp duty shall be exempt from any fee when the affidavit is taken by a CO who is a public officer.

Sub-rule 2 states the fees chargeable under Sub-rule 1 shown be in this manner.

(a) fees collected by a a pubic officer who functions as a CO will be collectedly praecipe and shall form part of the Federal Consolidated fund; and
(b)Other COs may keep them for performing their functions

Things to note here about fees:  

Original affidavits at RM4 a piece and RM2 for each attached exhibits.

Photostat and duplicate copies of affidavits at RM2 a piece while copies of exhibits at RM1.

A public officer who works as a CO cannot charge for any documents that is exempted from stamp duties. All teh income of the public officer CO will also go the the Federal Consolidated Fund.

CO-Seal and Identification Number

The subject of Part IX  and Rule 19 and rule 20 is about the seal of the CO and his identification number.
Rule 19 ( Sub-rule 1) stipulated that any person appointed as a CO shall have a seal as prescribed in Form 9 incorporating the CO's identity number and his name.

Sub-rule 1A states that every officer appointed as a CO shall have a seal as prescribed in Form 9A incorporating the CO's identification number,,his name and the name of his department  where he serves currently. The CO's identification number is stated in his letter of appointment.


Rule 20 stated in very clear terms that no oath can be considered officially administered unless the CO's seal has been affixed to the document and the CO has signed it. The proof of oath is administered on documents, deeds or other instruments.

Revocation of Appointment of a CO

Revocation of CO

Every post comes with some power and some obligations. Failure to comply can lead to revocation of  an appointment or you will get the sacked if you are employed.

So, under what circumstances can your appointment as a CO be revoked?

Part VIII, Rule 18  describes the issues of revocation.

Under Sub-rule 18 (1), the Lord President, may in his discretion, revoke any appointment of CO at anytime if the rules are breached or for any other cause.

Sub-rule 2 stipulates that when a CO is charged with a criminal offence or served with bankruptcy proceedings, he must forthwith provide the Lord President with details of such charge or action brought against him. The Lord President may in his discretion suspend the CO pending the outcome of the criminal or bankruptcy proceedings.


Once a CO is convicted of any criminal offence or adjudicated a bankrupt, his appointment is automatically revoked according to Sub-rule 3.

Application For Appointment as a CO-Form 1

This Form as determined by Rule 4 shows the kind of information that is required.

Let us look at it.

APPLICATION FOR APPOINTMENT AS A COMMISSIONER FOR OATHS

To:

The Lord President,
Supreme Court,
Malaysia

I hereby apply for appointment as a Commissioner for Oath in accordance with the Commissioner of Oath Rules 1993 and submit the following:

1 (a) three recent passport-sized photographs;
   (b) one photocopy of I.C.(both sides) and change of address card(if applicable)
   (c) a money order/crossed cheque for RM120(for one year), or RM240(for two years);
   (d) one photocopy (both sides) of Sijil Pelajaran Malaysia or equivalent certificate
   (e) two certificates of good behaviour

2. Particulars of applicant(To be filled by the applicant)

Name:.................................................................
(In Capital Letters)

Identity Card No..................................................

Address of Residence:..........................................

Date of Birth:...........................Place of Birth...................................Citizenship............................

Telephone Number;.(House:............................ Office:...........................

Business Address/Proposed Business Address:

Academic Qualification:...............................................................

Relevant Experience.....................................................................

STATUTORY DECLARATION OF APPLICANT

I, ........................................ do solemnly and sincerely declare that-

(1) The information and particulars contained in my application are true
(2)I have read and I am conversant with the provisions of the Commissioners for Oaths Rules 1993
(3) I have been neither an adjudicated bankrupt nor convicted of any criminal offence in the past ten years nor have I being convicted of any criminal offence for which I am still under sentence or probation.
(4)I am physically and mentally in good health; and
(5)I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1960.

Subscribed and solemnly declared by the  above mentioned..................................................................at.................................in the State of.........................this day of ..............................................of  201.....

Before me,


SEAL                         .............................................................................................................
                                 Signature of Judge of Sessions Court,Magistrate or commissioner for Oaths

---------------------------------------------------------------------------------------------------

Remember that the salient aspects are the 3 photos,a copy of IC, Money Order or cheque for RM120.00, a copy of SPM certificate or equivalent and the two letters to vouch for good character.

CO-Tenure and Reappointment

Reappointment as a CO

Part IV states the tenure and reappointment of a CO.

Rule 7 specifically states a CO is appointed for a period not exceeding 2 years.

Rule 8 stipulates that a solicitor, advocate and any person who is not a public officer shall also hold office for not more than two years.

Rule 9 advises one of how to go about getting a reappointment.

Sub-rule 1 states that an application form need to be submitted for reappointment. The form is as shown in Form 4.

The application has to be made in not less than a month before the expiry of the current appointment according to Sub-rule 2. Any that is received thereafter is deemed rejected.

According to Sub-rule 3, if required by the lord President, the applicant must submit to an interview by any officer of the court authorised to do so by the Lord President.. The officer conducting the interview  must submit his report to the Chief Registrar who will then submit his recommendation to the Lord President.

Rule 10 discusses reappointment.

According to Sub-rule (1) the Lord President , in his discretion, can grant or refuse any application for reappointment as a CO.

In granting an application for a reappointment, according to Sub-rule 2 , the Lord President may use his discretion  to impose such conditions and limitations as he thinks fit.

Commissioner for Oath-Application to Appointment

Personality Testing?

Before one can be appointed to become a CO, one ought to apply for the position.

Rule 4 deals with application while rule 5 on appointment.

Let us look at how one should go about applying to become a CO.

Rule 4(1) states that one has to submit an application for the post using Form 1. The information sought  by the Lord President  is in that form and you are required to fill it out. We will look at the details later on.

Subsequent to that, according to Rule 4(Sub-rule 2),  you will be called for an interview by the Chief Registrar of the Supreme Court or any other officer appointed by the Lord President where they will fix the time and place.

Rule 4(Sub-rule 3) stipulates that except when you are interviewed by the Chief Registrar himself another officer conducting the interview, is required to submit a report to the Chief Registrar who will then make his recommendation to the Lord President.

[Nowadays, you need to take an exam first. If you passed it, then you will be invited for the interview]

Rule 5 Sub-rule 1 highlights the Lord President's discretionary powers to approve an application and appoint a person as a CO.

For a public officer, his appointment will be as in Form 2 and all other cases as in Form 3.

[Sub-rule 2 has been deleted.]

Sub-rule 3 advises an applicant whose application has been rejected to appeal in writing within 14 days for the date of the receipt of the rejection letter. Hr must appeal to the Lord President for reconsideration. The decision of thee Lord President is final.

Rule 6 provides information on the fees that has to be paid by a CO when he is appointed. Other than the serving  government officer,all others must pay RM120.00 annually or RM10.00 per month. RM10.00 is also imposed for periods less than a month. This applies  for a new appointment or even a re-appointment. 


Here, you need to remember  the procedure of application, the interview, the appeal  and then your successful appointment as a CO. Remember now you also need to take a test. It could  either be in subjective or MCQ format. Time is tight so you need to do it right in the shortest allowable time.

Do You Qualify to be a Commissioner for Oaths?

A Semblance of Residual Legal Power

The Commissioners for Oaths (CO) Rules 1993 definitively determine who can be appointed as a CO. Coming into force on April Fool's Day in 1993, it sets the qualifications before one can be appointed to become a CO.

Rule 2 has the following pre-qualifications.

(a) Malaysian citizen
(b)Must have attained 21 years of age but not more than 65 years;
(c)person of good character
(d)fluent in Bahasa Malaysia
(e) physically and mentally fit
(f)not convicted for criminal offences in Malaysia and elsewhere. These include fraud,dishonesty and moral turpitude;and
(g) not adjudicated as a bankrupt

Rule 3  places additional criteria for persons that can be appointed as COs.

Subject to Rule 2,  these will include:

(a) an advocate and a solicitor of the High Court of Malaysia or of the High Court of Borneo who has practised for SEVEN YEARS;


(b) a public officer who is CONFIRMED in his appointment; or

(c) a person who possesses a minimum qualification of SPM or equivalent, and who from his past experience as a public officer or otherwise,is deemed a fit and proper person to be appointed.

There are two provisos. Do take note; for they enable the Lord President to use his discretion to modify the requirement of Rule 2(b) in respect of any applicant and in respect of any person residing in Sabah and Sarawak,to consider his application notwithstanding the provision of Rule 2(d) 

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.

Obligations of a CO

There are certain minimum requirements when one operate as a CO.

Part VII deals with a register that a CO must maintained, his address of operation and his duties again.

This Part has 4 rules.

Let us look at Rule 14 which is titled 'Maintenance of register'. There are three sub-rules namely:

1) A CO must maintain a register in which he must record the particulars of the services rendered including affirmations, declarations, acknowledgments , affidavits  and other instruments which he has placed his seal. Let us look at the Register as shown in Form 7.

2)The register must be kept  at the place of business of the CO during his business hours.

3) A CO shall submit the register to the Lord President on or before the 1st day of February of each year and shall make it available to the Lord President anytime upon his request.

Rule 15 is very specific on the address of a CO. It stipulates that no CO shall change his place of business  without the prior approval in writing of the Lord President.

( This is very sensitive and must be adhered to.)

Rule 16 touches on the display of documents including the letter of appointment of the CO. It clearly states that a CO who is not a public officer, shall display, at his place of business , in a clear and visible manner-

(a) a photostat of the letter of appointment
(b)The text of Rule 11 or 12 ( whichever is applicable) and Rule 13;and
(c) a sign not exceeding 40 cm by 50 cm in size indicating that a CO is available at that location.

The Inspection Report

Lastly, we have Rule 17. this is the power of inspection by a court official.  Sub-rule(1) Rule says" The Registrar of the High Court, any Deputy Registrar  of the Supreme court or of the High Court, or any other officer of the court authorised by the Lord President may inspect the register kept by the CO during the business hours of the CO, and shall sign the register showing the date and time of such inspection.

Sub-rule (2) states that an officer conducting an investigation under Sub-rule (1) shall submit to the Chief Registrar of the Supreme Court a report in Form 8 within one week of conducting such investigation.

Register to be Maintained by a CO

The Duties of a CO

Let us now move on to Section 2 of Rule 13. This rule specifically mention the duties of a CO to a client seeking his services.

These seven duties are from (a) to (g).

Let us start.

a) verify the identity, the personal particulars in an I/C  card or passport and the address of the person making the declaration, affirmation,oath or statement before the CO

[ It means you have to look at all his I/C or Passport particulars and his address as well!]

b) read over and explain the contents of the documents and the exhibits  attached thereto to the deponent or maker of the document if he is blind, illiterate or does not not understand the language of the document before certifying that he has done so in the jurat.

[Explain the contents of documents and exhibits to a blind, illiterate customer or does not understand the language it is written in]

c) Initial any alteration made in the document to be sworn or affirmed.

d) not affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint thereto before him.


e) refuses the services of his office when the CO has cause to suspect that any person before him  is engaged in deception,fraud, duress or any illegal conduct.


[A CO must refuse his services if he suspects illegality]

f) carry out the functions of his office in a prompt, reasonable and business-like manner; and

[Be efficient and reasonable]

g) make himself available  to conduct all functions of his office at regular and reasonable hours.

[ Make himself available to give service at specific and determined hours]

We will look at the jurat now. It is in Form 6.

The dimensions are 6 cm in breadth and 10 cm in length.

Besides using a chop, the CO may also type this onto the document.