Statutory Declarations

General

Statutory declarations are used for the proof of facts in non-contentious (non-litigation) matters.  Statutes commonly require matters to be proved by way of statutory declaration. Legal practice, particularly in conveyancing and commercial transactions and matters, often requires proof of relevant facts and matters by way of a statutory declaration.

A statutory declaration may be made before a notary public, commissioner for oaths, peace commissioner or other person authorised by law.  A practising solicitor may take a statutory declaration since 1994 legislation took effect.

Every statutory declaration shall be signed by the person making the same in the presence of the person before whom it is made.  It is to be attested by the person before whom it is made by signing an attestation at the end of the text in the prescribed form.

The form of statutory declaration is set out in the legislation.  The person who makes the declaration must solemnly and sincerely declares the relevant contentiously believing them same to be true. The form statutory declaration is varied where any of the above identity documents are used to verify identity. It  must state in the attestation that the identity has been so established and give particulars of the relevant document concerned

Proof of Identity

No person shall take or receive a statutory declaration from another person  (the declarant) unless the declarant is personally known to him or is identified to him by a person who is personally known to him.  Alternatively, the person taking the declaration must before taking or receiving the declaration establish the identity of the declarant by reference to one of the below documents, containing a photograph of the declarant.

The relevant documents are one or more of

• a valid passport by an authority recognised by the Government;
• a national identity card by an EU/EEA state;
• a document equivalent to a passport issued by an authority recognised by the Government;
• a travel document under the Refugee Act or
• another type of travel document issued by the State for the purpose of providing the holder with a document which may apply in lieu of a national passport,

Every notary public, practising solicitor and every commissioner for oaths who shall take and receive a statutory declaration shall be entitled to charge and be paid the e fees as he would be entitled to charge and be paid if such statutory declaration were an affidavit made before him. The fees are prescribed by regulation from time to time.

Offences

Every person who makes a statutory declaration which to his knowledge is false or misleading in any material respect shall be guilty of an offence.

No person is to take or receive a statutory declaration unless the person making the declaration is known to him or is identified to him by a person who is personally known to him.

A person who makes a false statutory declaration which is to his knowledge false and misleading in any material respect is guilty of an offence.  The penalty for making a false declaration is €3,000 or six months imprisonment or both.

Proceedings may be taken within 12 months from the date the offence is committed or six months from the time date on which evidence, in the opinion of the person by whom such proceedings are brought, are sufficient to justify the proceedings, comes to that person\’s knowledge whichever is later.  No proceedings are to be taken three years after the offence was committed.

Taken Abroad I

A statutory declaration made in the place outside the State is regarded as having been validly made if it is made in such a place before a person authorised to take or receive the declaration above. It is also valid if it is made in such a place before a person authorised to take and administer oaths under the law of that state in that place, provided that the following provisions are complied with.

In the case of a declaration before a foreign notary or another person who administers oath etc., the signature of the person making the declaration and to the extent the law of the place concerned requires either or both to be authenticated, the capacity in which the declarant acts in making the declaration and  the seal and stamp of the person who has administered the oath, shall be authenticated in accordance with the laws of that place.

If the place concerned is situated in a state that is a contracting party to the EC Convention, then (unless that Convention does not extend to that place) the provisions of that Convention with regard to authentication shall apply in relation to the statutory declaration concerned, including the procedures for verification of any matter in circumstances where serious doubts, with good reason, arise in respect of that matter.

If the place concerned is situate in a state that is a contracting party to the Hague Convention but is not a contracting party to the EC Convention, then (unless the Hague Convention does not extend to that particular place) the provisions of the Hague Convention with regard to authentication shall apply in relation to the statutory declaration concerned, including the procedures for verification of any matter in circumstances where serious doubts, with good reason, arise in respect of that matter.

In other such cases where a statutory declaration has been made before a notary or person authorised to administer oaths abroad, purporting to be made in pursuance of, or for the purposes of, a statutory provision, where either the provisions of the EC Convention nor the Hague Convention apply as regards the authentication of it, the person receiving the declaration may require such proof, as he considers appropriate, of any particular requirements of the law of that third State.

Taken Abroad II

The EC Convention means the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities. The  Hague Convention means the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.

The Diplomatic and Consular Officers (Provision of Services) legislation applies to civil servants employed by the head of mission or a member of the diplomatic staff of a mission or career consular officers and an honorary consular officer appointed by the minister.

Every such person may, in any country or place outside the State in which he is for the time being exercising the functions of his office, administer an oath and take any affidavit, and may also do any notarial act which a notary public can do in the State. Every oath, affidavit and notarial act administered, sworn or done by or before such person in such country or place shall be as effectual as if duly administered, sworn or done by or before any lawful authority in the State.

Any document purporting to have affixed thereon or thereto, or to have impressed thereon, the seal of any person or of a mission and to have subscribed thereto the signature of such person, being a person to whom this section applies, in testimony of any oath, affidavit or act being administered, taken or done by or before him, shall be admitted in evidence (saving all just exceptions) without proof of the seal or signature being the seal of such person or mission or signature of such person, or of the status and official character of such person.

Fees are prescribed by regulations made under the Act.