Statute Details
- Title: Commissioners for Oaths Rules
- Act Code: SCJA1969-R3
- Type: Subsidiary legislation (sl)
- Authorising Act: Supreme Court of Judicature Act (Cap. 322), section 68(3)
- Current status: Current version as at 27 Mar 2026
- Primary regulator: Senate of the Singapore Academy of Law (the “Senate”)
- Key concepts: Eligibility, appointment, registration, scope of authority, language requirements, conflict restrictions, fees, and publication
- Key provisions (from extract): Rule 2 (definitions); Rule 6 (register); Rule 7 (limitation of appointment); Rule 8 (language of deponents); Rule 9 (restriction); Rule 10 (fees); Rule 14 (publication/list)
What Is This Legislation About?
The Commissioners for Oaths Rules set out the framework for appointing and regulating “commissioners for oaths” in Singapore. Commissioners for oaths are authorised persons who can administer oaths and affirmations and take certain declarations and affidavits used in legal and administrative processes. The Rules are designed to ensure that only suitably qualified individuals are appointed, that their authority is properly recorded, and that their conduct and procedures meet minimum standards.
In plain language, the Rules answer practical questions that arise in day-to-day legal work: who can be appointed, how long appointments last, what an appointed commissioner may (and may not) do, what language can be used when taking affidavits, and what fees apply. They also address integrity and conflict issues by restricting commissioners from acting in matters where they (or their firm) are acting as advocates and solicitors.
The Rules operate alongside the authorising provisions in the Supreme Court of Judicature Act, which confers the statutory basis for commissioners for oaths and specifies the categories of documents and oaths they may handle. The Rules then provide the administrative and procedural detail needed for appointments to function reliably across courts, law firms, and the public.
What Are the Key Provisions?
Definitions and institutional roles (Rule 2). The Rules define key terms such as “Academy” (the Singapore Academy of Law), “Senate” (the Senate of the Academy), and “Secretary” (the Secretary to the Senate). They also define “court officer” and “PD Officer” by reference to other legislation. These definitions matter because they determine eligibility and the scope of who can apply and be appointed.
Persons eligible for appointment (Rule 3). Eligibility is a central feature. The Rules provide that an advocate and solicitor is eligible if, for an aggregate period of not less than 7 years, he has been in active practice or has served as a Judicial Service Officer, Legal Service Officer, or a PD Officer. This establishes a baseline of professional experience.
The Rules also extend eligibility beyond practising advocates. Officers in the employment of Government ministries, departments, statutory boards and Government-linked companies may be eligible for appointment. Court interpreters and court officers may also be eligible. In addition, the Senate may designate employees of non-profit organisations as eligible persons, but the designation can be revoked. Where designations are made or revoked, the Senate must publish a list in the Gazette. This publication requirement supports transparency and helps the public identify authorised commissioners.
Duration and reappointment (Rule 4). Commissioners for oaths are appointed for one year. Reappointment is possible for each subsequent year, but it is discretionary—meaning the Senate can decide whether to renew. When appointing, the Senate must have regard to (i) the number of commissioners already practising in the relevant place and (ii) the convenience of inhabitants of that place. This introduces a geographic and service-delivery consideration, ensuring adequate coverage without unnecessary duplication.
Application procedure and disclosure requirements (Rule 5). Applications for reappointment must be lodged with the Secretary 2 clear months before the expiry of the preceding appointment period. The application procedure differs depending on whether the applicant is an advocate and solicitor or a non-advocate.
For advocates and solicitors, the application must include detailed information, including: date of admission to the roll and years of active practice or relevant service; whether the person is or has been an undischarged bankrupt or has made an arrangement with creditors; whether the person has been convicted of any criminal offence; whether the person has been found guilty of professional misconduct; and whether the person has been subject to disciplinary proceedings under Part VII of the Legal Profession Act—including the date, nature of the complaint, and outcome. This is a strong integrity filter.
For non-advocates, similar disclosure is required, including employment details and capacity of application, bankruptcy/creditor arrangement status, criminal convictions, and whether disciplinary proceedings have been initiated or professional misconduct found. For certain categories (such as those referred to in Rule 3(2), (4), or court officers), the applicant must annex a schedule (“Schedule I”) describing the nature of documents they will take and receive if appointed. The schedule may be updated during the term by the employer notifying the Secretary of changes.
Register of commissioners (Rule 6). The Senate must maintain a register of particulars of every commissioner for oaths appointed. The register is maintained by the Secretary in a form determined by the Senate. Practically, this supports administrative control and verification—important where parties need to confirm that a person is properly appointed.
Limitation of appointment and scope of authority (Rule 7). Rule 7 is critical for practitioners because it delineates what different categories of commissioners can do.
Advocates and solicitors appointed as commissioners may administer oaths for taking affidavits/affirmations and for swearing executors and administrators, and may take and receive statutory declarations in accordance with the relevant provisions of the Act. Court interpreters may be appointed to administer oaths in accordance with the Act, but subject to limitations determined by the Senate or stated in the certificate of appointment. For government officers, employees of designated non-profit organisations, and court officers, the authority is tied to the documents specified in Schedule I and any other limitations set by the Senate or in the certificate.
Language of deponents (Rule 8). This rule governs the language in which affidavits or statutory declarations may be taken. Subject to an exception, no advocate and solicitor appointed as commissioner may cause an affidavit or statutory declaration to be taken by, or an oath administered to, a person other than a deponent who speaks and understands English. This is a safeguard to ensure comprehension.
However, if the advocate and solicitor is proficient in another language or dialect, he may—at his discretion—take the affidavit or administer the oath in that language/dialect, provided the deponent speaks and understands it. This balances accessibility for non-English speakers with the need for informed consent and understanding.
Conflict and restriction (Rule 9). A key integrity provision: an advocate and solicitor commissioner must not act as commissioner in any matter or business in which he or any member of his firm is acting as advocate and solicitor. This prevents conflicts of interest and avoids the appearance that the commissioner’s role is being used to facilitate matters in which the lawyer has a professional stake.
Fees (Rule 10). The Rules regulate costs in two ways. First, they specify fees payable to the Academy for (a) an application for appointment or reappointment and (b) each appointment or reappointment. Second, they specify the fees that commissioners may charge for their services (Part II of the Schedule). The Rules also state that no application fee paid to the Academy for an application mentioned in Rule 10(1)(a) is refundable. For practitioners, this matters for budgeting and for advising clients on expected costs.
Publication and list of commissioners (Rule 14). Although the extract only names Rule 14, its placement in the Rules indicates a continuing administrative requirement: the Senate shall cause to be published from time to time a list of commissioners for oaths. This supports public access and verification.
How Is This Legislation Structured?
The Rules are structured as a concise set of numbered rules, supported by a schedule. The main components are:
(1) Preliminary provisions: Rule 1 (citation) and Rule 2 (definitions).
(2) Appointment mechanics: Rules 3 (eligibility), 4 (duration and reappointment), and 5 (application procedure).
(3) Administrative controls: Rule 6 (register of commissioners) and Rule 13 (revocation of appointment—mentioned in the table of contents, though not reproduced in the extract).
(4) Conduct and operational limits: Rule 7 (limitation of appointment/scope), Rule 8 (language of deponents), and Rule 9 (restriction/conflict).
(5) Economic and public information: Rule 10 (fees) and Rule 14 (publication/list).
The Schedule contains legislative history and, importantly for practice, the fee framework (Part I and Part II) and potentially other operational details.
Who Does This Legislation Apply To?
The Rules apply primarily to persons who seek appointment as commissioners for oaths and to those already appointed. Eligibility includes advocates and solicitors meeting specified experience thresholds, certain government and statutory officers, court interpreters and court officers, and employees of non-profit organisations designated by the Senate.
In practice, the Rules also affect law firms, litigants, and administrative users who rely on commissioners for oaths to execute affidavits, affirmations, statutory declarations, and related documents. While the Rules are directed at appointment and regulation, their operational consequences are felt by anyone who needs a valid oath/affirmation process.
Why Is This Legislation Important?
For practitioners, the value of the Commissioners for Oaths Rules lies in certainty and compliance. Affidavits and statutory declarations are foundational evidence instruments. If the person taking the oath is not properly appointed, or if the commissioner acts outside the permitted scope, the validity of the document may be challenged. The Rules therefore provide a structured basis for appointment, registration, and limitation of authority.
The integrity safeguards—particularly eligibility requirements, mandatory disclosure in applications, conflict restrictions (Rule 9), and language comprehension controls (Rule 8)—are designed to reduce procedural defects and protect the reliability of sworn statements. These provisions also help courts and parties assess whether the oath-taking process was conducted fairly and with the deponent’s understanding.
Finally, the Rules’ fee provisions and publication/listing requirements support transparency. Clients can be advised on expected charges, and users can locate authorised commissioners. For legal teams managing high-volume affidavit workflows, the register and published lists provide practical tools for verification and risk management.
Related Legislation
- Supreme Court of Judicature Act (Cap. 322), section 68(3) (authorising provision)
- Legal Profession Act (Cap. 161) (including Part VII disciplinary proceedings; and references to “PD Officer” in the Rules)
- Legal Profession Act 1966 (as referenced in the Rules’ definitions context)
- State Courts Act (Cap. 321) (definition of “court officer” and related references)
- Timeline (legislative history/versioning resource)
Source Documents
This article provides an overview of the Commissioners for Oaths Rules for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.