Many individuals and businesses have a requirement for a Commissioner for Oaths to witness the signing and swearing of documents. Often Commissioner for Oaths are incorrectly referred to as a Commissioner of Oaths. However the 2 key considerations when using a Commissioner for Oaths are usually, what is a Commissioner for Oaths and what is will be the Commissioner for Oath’s fees? The Oxford English dictionary describes a Commissioner for Oaths as “a solicitor authorized to administer an oath to a person making an affidavit.”
However this definition is fairly misleading as it suggests that only solicitors are Commissioners for Oaths. This is not the case, with the following professions able to perform the functions of a Commissioner for Oaths:
* Notary Public
* London Notary
* Legal Executive
* Licensed Conveyancer
The fees charged by a Commissioner for Oaths is determined by statute. The following fees are prescribed by the Commissioners for Oaths (Fees) Order 1993/2297.
* For taking an affidavit, declaration or affirmation, for each person £5.00 making the same.
* And in addition, for each exhibit therein referred to and required to be £2.00 marked or for each schedule required to be marked.
The Commissioner for Oaths fees are inclusive of value added tax where payable. However a Notary Public, London Notary or solicitor may charge fees which are greater than the statutory amounts and therefore it is essential to seek a fee quote in advance. Also determine how the Notary Public will be expect to be paid, as some Notaries will ask for payment in advance and often in cash.