GUIDE TO EXECUTION OF DOCUMENTS, STATUTORY DECLARATION, AFFIDAVIT, AFFIRMATION, DEEDS, POA AND WILL

[Please note that this is just a general summary of the position under common law and does not constitute legal advice. As each jurisdiction may be different, you may want to speak to your local lawyer.]

This is a guide of the general requirements (under common law jurisdictions, but each jurisdiction may have its own specific requirements) for the execution of documents by an individual and a company (incorporated locally or overseas). Failure to properly execute and deliver documents may result in such documents being invalid or unenforceable and may affect the rights of parties to those documents.

Execution of documents by individuals is generally straightforward. It is more complex for companies depending on their place of incorporation. There will be a brief outline of deeds generally since this is relevant to deeds executed by both individuals and companies.

 

A. STATUTORY DECLARATION, AFFIDAVIT AND AFFIRMATION

These documents are written statements. They are commonly used as part of the evidence collected by lawyers. There is very little difference between the two types of documents, except for the method by which they were made. 

What is a Statutory Declaration?

A statutory declaration is an affirmed statement by its author or declarant. The claims or statements of facts asserted are believed to be true. Statutory declarations are often utilized to allow someone to assert that a certain claim is valid and true to fulfil some legal conditions, where the evidence is lacking. The formalities of statutory declarations vary depending on the jurisdiction, in general, it is less onerous than that of an affidavit / affirmation - a declaration can be made in front of a lawyer or a Justice of the Peace.

What is an Affidavit?

An Affidavit is a written statement of facts based on certain events as the author recalls them into memory and is sworn in front of legal testifying authority. It is declared to be authentic with the help of affixing the author’s signature as he or she is being witnessed by a Commissioner of Oaths. This move will verify the truth of the claims in the affidavit and subjects the author of such to perjury charges if it is found to be false. It is usually required during court sessions and proceedings.  

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