Commissioners for Oaths

Click here for a list of BVI Commissioners for Oaths

Definition

A Commissioner for Oaths is a person who is authorized to verify affidavits, which are statements in writing and on oath, and other legal documents.

A Commissioner for Oaths is appointed by the Chief Justice and is usually, though not always, a solicitor.  Every solicitor holding a current practicing certificate is entitled to administer oaths and to use the title “Commissioner for Oaths”.  A Commissioner for Oaths may continue to act as a Commissioner for Oaths for as long as he/she remains a solicitor.

Functions of a Commissioner for Oaths

The essential functions of a Commissioner for Oaths are:

• to make sure that the evidence in question is in written form (the draft affidavit)
• to establish that the person before him/her has read the draft affidavit and fully understands the contents.
• to require the person to swear that the affidavit is true by raising the appropriate Testament in the right hand and repeating the words of the oath. 
• to verify that the affidavit was properly sworn by completing a “jurat” on the affidavit. 
• to charge a fee for his/her services.

The Legal Foundation

This relatively short legislation (comprising four sections) essentially regulates the appointment and removal of commissioners for oaths to and from office.  Section 2 of the Commissioner for Oaths Act (Cap.12) ("the Act") provides the following:

“The Chief Justice may appoint Commissioners to administer oaths in any Court established by the laws of the Territory, and may also empower such Commissioners to administer oaths for the purposes of the Registration and Records Act, and the Title by Registration Act.  Any such Commissioner may, within the area specified in his Commission, administer oaths in accordance with this Act and the terms of his Commission.  The Chief Justice may at his pleasure revoke any such appointment.”

The BVI Register of Commissioner for Oaths

The total number of persons appointed to administer oaths in accordance with the provisions of the Commissioners of Oaths Act (Cap.12) is registered at forty-eight (48). Nearly the entire of this number is known to be still listed on the register of commissioners for oaths as active

Who May become a Commissioner for Oaths?

The power of appointing a commissioner for oaths is reposed in the Chief Justice.  No criteria for appointment is specified and it would appear that the power reposed in the Chief Justice in the regard is to be exercised by him in his sole discretion and in such manner as he sees fit.

The practice is that the Chief Justice appoint persons whom he in his judgement considers it fit and proper.

How does one Become a Commissioner for Oaths?

Application is made to the Chief Justice, preferably through the Registrar of the High Court.  The application is responded to by the Chief Justice.  If successful the Chief Justice will issue a practicing certificate and the commissioner’s name will be entered in a register.

What documents does a Commissioner for Oaths Handle?

You may need the services of a Commissioner for Oaths if:

• you are giving evidence on affidavit for court proceedings.
• you are making an affirmation, declaration, acknowledgement, examination or attestation for the purposes of court proceedings or for the purposes of registration of documents.

Rules for Oaths and Affirmations

A person making an oath will be required to swear the oath by raising the New Testament.  A person who is Jewish may swear the oath by raising the Old Testament.  It’s important to remember that you may also be required to provide evidence of your identity by the Commissioner particularly if you are having an affidavit verified (but this largely depends on the type of documents that is being verified).  It is useful however to bring a standard form of identification with you on your visit, (a passport, driving license, social welfare book, student I.D. card, etc.).

The oath to be taken by persons before the Commissioner for Oaths is as follows:

“I swear by Almighty God that this is my name and handwriting, and that the contents of this my affidavit are true”.

A person who objects to being sworn on the grounds that taking an oath is against his/her religious belief or that he/she has no religious belief is permitted to make a solemn affirmation, which is phrased as follows:

“I, A.B., do solemnly and sincerely affirm that this is my name and handwriting, and that the contents of this my affidavit are true”.

How much does one pay for the Commissioner for Oaths services?

The Commissioner has a schedule of fees that are approved by the authority.

Find a list of BVI Commissioners for Oaths.