05. Services

Administering any Oath / sometimes called “Swearing an Affidavit”, or being sworn, or to swear, or to affirm.

Affidavit of Freedom to Marry – typically a Priest/Church will ask a person for this
(we can provide the blank form for this also – including where a person was divorced, or already had a civil marriage and now desires a religious blessing/convalidation ceremony)
Sole Guardian Affidavit – used when applying for a Passport for a child, where only one parent is available to sign
(we can provide the blank form for this also)
Child Passport Identity and Consent form – also used when applying for a Passport for a child
(you will have printed this out from the Official Passport Service’s website as part of the application process)
Affidavit of Identity / Affidavit of Discrepancy / ‘One-and-the-same person’ Affidavit
(typically used when an Irish person is doing business abroad and needs to account for why their Birth Certificate name and ‘commonly known as’ names differ, for example, because one is in the Irish language – which may be custom and practice in Ireland but would need an explanation to a foreign agency. We can provide a blank form for this.)
Sworn Affidavit of no criminal convictions
(when a person who has lived abroad intends to attend certain courses in some Colleges they are often required to produce a police clearance certificate from their foreign country. Sometimes this is not possible and some Colleges will accept a Sworn ‘Affidavit of no criminal convictions’ We can provide a template for this.)
Affidavit of Means
Affidavit of Welfare
Statement of Affairs
All Revenue Commissioner Affidavits, for any purpose
Oath of Executor (part of the probate older process)
Affidavit of testamentary capacity by Medical Doctor (part of the probate process)
Affidavit Form 47 used by the Land Registry ‘Application for registration by surviving joint tenant(s) – and, indeed, all other Land Registry Affidavits
Affidavit in lieu of a Lost Document
Affidavit of Loss
All Affidavits used in the marital separation process
Examples of documents we can sign are: Deed of Separation / Separation Agreement (a mediator may have created this, or a person might like to create their own at a commercial website such as LawDepot.ie) It is recommended these be signed in duplicate so that each half of the couple gets to keep an ‘original’ with wet ink signatures.
All Affidavits used in divorce proceedings, for both parties:
The precise documents involved vary depending on the individual circumstances.
In general, you need a Commissioner for anything that is an ‘Affidavit‘, while a Commissioner for Oaths can also witness the signing of any document which has a blank space for a ‘witness’.
Examples of documents we can sign are: Affidavit of Means, Affidavit of Welfare, Affidavit of Service, Grounding Affidavit, Terms of Consent. For a divorce, some people will create their own paperwork using templates on the Courts.ie website (a so-called ‘DIY divorce’), while others will use a paperwork preparation service (there are many in the marketplace), while others still will engage a Practising Solicitor to move their application. A key consideration tends to be cost, with the costs increasing with each of the mentioned alternatives. As a Commissioner for Oaths, our role is to sign existing documents that the customer presents to us, we do not create documents, although David O’Sullivan Cork Commissioner for Oaths is familiar with much of the process. having seen it on many occasions.

Statutory Declarations

Signing all Statutory Declarations for use in Ireland
Taking any Declaration or “Stat Dec”

- - Declaration for the purposes of an application for a HCA Springboard college course
  - Statutory Declaration as part of the CORU registration process
  - Statutory Declaration as part of the Pharmaceutical Society of Ireland / PSI (Pharmacy Regulator) registration process, plus (if required) certifying that the passport photographs are a true likeness of the applicant as a ‘legal professional’
  - Statutory Declaration as part of taking up a new job – or promotion – with the HSE
  - Statutory Declarations required as part of the ‘de facto visa / defacto visa’ application process, wherein three people sign in the same place at the same time, before the same Commissioner for Oaths (we are available in the evenings, which makes our service very useful for this form)
  - Statutory Declarations required as part of the Zambrano residency application process wherein a non-EU parent of an Irish-born child living in Ireland is applying for residency.
  - For an EU citizen mother / father of a child born in Ireland. Where the child is applying for his/her first Passport, and needs to demonstrate Irish Connections. The ‘Form A – Irish Nationality and Citizenship 1956 – Declaration’
  - For anyone working in School – The Department of Education Model Statutory Declaration of Character which ‘must be completed prior to a person being appointed to any teaching or non-teaching position with a school authority’
  - For teachers: Statutory Declaration required for Department of Education Home Based July Provision for Teachers
  - Statutory Declaration by a company competing for a tender / tendering process for work from a State agency (e.g. EPA) or European agency. This is sometimes called a ‘Declaration as to Personal Circumstances of Tenderer’
  - Statutory Declaration of Service
  - Statutory Declaration as to whether or not a property is a “family home” (also known as Family Home Declaration/FHD)
  - Statutory Declaration MP2A / MP2A(1) / MP2B / MP2D / MP2E / MP2F by an Irish citizen who intends getting married abroad (outside Ireland). This form relates to such a person seeking a Civil Letter of Freedom / Certificate de Coutume / Nulla Osta / Certificate of no Impediment (which are all the same thing) from the Irish Department of Foreign Affairs. We can sign the Statutory Declaration required for this, and we sign the rear of the person’s Birth Cert as an ‘Exhibit’.
    (with an original Birth Certificate as an Exhibit)
  - University / College Statutory Declaration for Replacement Parchment
    (e.g. Cork Institute of Technology / Cork IT / CIT)
  - Statutory Declaration of Father and Mother in relation to Joint Guardianship of a child (we can also provide the blank form)
  - Statutory Declaration of eligibility and suitability under the Adoption Act (often with a Marriage Certificate as an Exhibit)
  - Statutory Declaration required as part of application form for a Gender Recognition Certificate – Form GRC1
  - The ‘Peace Commissioner style’ Statutory Declaration when applying for an Exemption Certificate
  - Statutory Declaration BEN2 – declaration as to verification of identity for the RBO – Central Register of Beneficial Ownership of Companies
  - For Irish citizens emigrating to Canada: Statutory Declaration of Common Law Union
  We do not sign documents related to the RTB such as
  - - - Statutory Declaration of a Landlord for the Residential Tenancies Board (RTB) ‘Notice of Tenant Termination’ where the Landlord a) intends to sell the dwelling, or b) Requires the dwelling for his own use, or requires the dwelling for the use of a member of his family
      Certified Copies
      
      Certifying a photocopy as being a True Copy of the original
      
      Also known as a “Certified Copy”. This is referred to in the US as a “Notarized Copy / Notarised Copy”, while in India it’s called an “Attested Copy” (although we do not sign documents for India).
      
      You should bring the original document and the copy. Your photocopy should be in colour as many authorities no longer accept black and white copies.
      
      If you do not have a photocopy then we have a portable photocopier. We can scan all paper sizes (including A3) and reduce it to A4.
      - Copy of Birth Certificate/ Marriage Certificate / Irish Residence Permit (IRP which replaced the GNIB Card) as part of Form 8 Citizenship / Naturalisation application process
        
        Copy of Passport as part of HSE new job/promotion paperwork, or copy of Passport for Citizenship application, or copy of Passport for any other purpose in Ireland
        
        Copy of College or University Degree / Parchment / Testatum
        
        Copy of a Passport Copy or Driving Licence / Drivers Licence
        
        Copy of Bank Statements for Australian Immigration authorities or other purposes
        
        Copy of Birth Certificate
        
        Copy of Marriage Certificate
        
        Copy of Employers Reference letter
        
        Copy of School letter for Irish Immigration or other purposes
        
        Copy of Company Shareholding / Stock documents for Revolut Business Account setup (we can also provide a cover page)
        
        Copy of any Letter / Invoice / Business document / Company document for any purpose
        
        Deed poll (change of name) process: We can certify that the Passport, Driving Licence, Birth Certificate are true copies of the originals.
        
        Deeds
        
        Attesting the execution of a bond / deed
        (e.g. Witnessing the signing of a Deed of Separation or Separation Agreement (we can witness either both the husband and wife sign, or just one party, plus we can travel to each party separately if required.)
        
        Witnessing a signature on any other document
        
        Sometimes called “Counter signing” in the UK, or “Notarizing a signature” in American terminology. If you would like your signature witnessed for any purpose, it can be done.
        
        Witnessing a parent’s signature on letter of consent to travel / letter of authorisation to travel / letter of authorisation to travel
        (used when a child or minor is travelling abroad without both parents. Following the ‘Hague Convention on the Civil Aspects of International Child Abduction’ many Airlines and other agencies require such a letter.
        (We can also provide a blank form for this)
        
        Witnessing a signature on a business contract / personal agreement
        
        Providing blank forms from stock
        
        Usually, a person needing the services of a Commissioner for Oaths will already have a blank form which was given to them by some agency/company/person, but if not then David O’Sullivan Cork Commissioner for Oaths carries forms that can be used for many situations.
        
        Providing stationery
        
        Such as an envelope, which is helpful as some customers have urgent business
        
        Sale of Postage stamps at face value
        
        Printing (prior to visit)
        
        Customers can email any documents which they need to be printed to Cork@CommissionerForOaths.ie
        
        Printing/Photocopying (during visit)
        
        We have a portable printer / photocopier / scanner.
        
        Services for Solicitors
        
        Solicitors (Lawyers / Attorneys) are familiar with the concept of a Town Agent, i.e. a legal professional in another Town who will perform functions for you, saving you the need to travel there yourself. David O’Sullivan Cork Commissioner for Oaths can witness for you in Cork City & suburbs, and further into Co Cork.
        
        A Solicitor might post an Affidavit or Statutory Declaration to their client in Cork. Alas, in today’s hectic world the client might be too busy during office hours to visit an independent Commissioner for Oaths, and some time may pass with no activity. One cannot – of course – witness a signature in absentia. The solution is: we could visit your client in his/her home or office, and witness the document(s) being signed. If the client does not yet have the documents, you could email or post them to us. Examples are an Affidavit of Testamentary Capacity (related to probate) or Affidavit for Ward of Court with Exhibit where the deponent is a busy Medical Doctor be they a GP or Consultant. Contact us – as and when required – to arrange a specific attendance. We can either accept payment directly from your client on the day or send your firm a secure link for credit card payment. We can accept Card payment via email link, or card payment by phone. Emailing back and forth is our preferred medium for arranging signing for Solicitors because we will need to calculate a bespoke fee based on several factors such as travel time, waiting time in your client’s premises, number of signers, number of documents, etc.
        
        Services for Accountants
        
        Accountants often need the signatures of clients witnessed.
        
        Affidavit supporting application for a Court Order to extend the time for delivery of a company’s annual return. David O’Sullivan Cork Commissioner for Oaths can sign Affidavits for all levels of Court including the District Court or the High Court. We can also sign the 2 no. Exhibits (Companies Act 2014, Section 343(5), Form No. 93B.2)
        
        Inland Revenue Affidavit (The old Revenue Form CA24)
        
        Liquidator’s Affidavit (CRO Form E4)
        
        Other forms under the Companies Act 2014
        
        Affidavit verifying petition
        
        Affidavit in support of list of contributories
        
        Affidavit of official liquidator in support of application for a call
        
        Affidavit of non-payment
        
        Affidavit of official liquidator as to debts
        
        Affidavit of creditor in proof of debt
        
        Liquidator’s Affidavit verifying his account under section 306
        
        Affidavit verifying an application for certification of Liquidator in a creditors’ voluntary winding up
        
        Deed poll (change of name) process: We can sign the ‘Affidavit of attesting witness’
        
        For the avoidance of doubt even if an Accountant also happens to be a Commissioner for Oaths, or have a similar title, they should be careful not to sign any Affidavit or Declaration for their fellow employees, own firm, or clients. This is because a Commissioner for Oaths (or similar) is required to be an independent witness. The occasional practice of Accountants witnessing the signing of Statutory Declarations for their clients is a most irregular proceeding, which would expose the Accountant to having validity of the document being challenged in the future, which would take time to defend and would also tarnish the professional reputation of the Accountant with the client.
        
        Services for Engineers
        
        Chartered Engineers often need their signatures witnessed on Affidavits and Statutory Declarations
        
        Affidavit in support of an application for a Dance Licence (Public Dance Halls Act 1935)
        
        Affidavit of Professional Opinion
        
        Affidavit of Expert Witness
        
        Statutory Declaration of Identity – This type of document is signed by an Engineer and subsequently witnessed by a Commissioner of Oaths. It states that all the services enjoyed by a dwelling (e.g. septic tank) are located within the defined boundaries, or at least covered by a burden if they are located outside the legally defined boundaries.
        
        For the avoidance of doubt even if an Engineer also happens to be a Commissioner for Oaths, or have a similar title, they should be careful not to sign any Affidavit or Declaration for their fellow employees, own firm, or clients. This is because a Commissioner for Oaths (or similar) is required to be an independent witness.
        
        What we do NOT do
        
        Examples of when do not sign documents are:
        
        1) When we are asked to ‘witness’ the signature of a person who is not present. This would be known as signing ‘in absentia’ and is not allowed. We must see the signer actually write their signature on the page, because at the same time we confirm their ID.
        
        2) Where the signer is not able to provide adequate photo ID for their particular type of document. Requirements vary, typically a passport is the gold standard.
        
        3) Where the Commissioner believes that a person does not understand what they would be signing.
        
        4) Where the Commissioner believes a person will refuse to sign on arrival.
        
        5) Where the potential customer is hostile, or indicates they have an issue with paying. Sometimes a potential customer is unhappy because the document relates to some circumstance they don’t want to be involved with (e.g. Involuntary Court appearance, or other legal paperwork which they do not respect). This is understandable on a human level, however, it is important to realise that a Commissioner for Oaths is not connected with whatever agency requires your document to be signed. It is your document, not ours, and it performs some function for you. A Commissioner for Oaths does not receive any state funding, nor does a Commissioner for Oaths receive any payment from whatever agency, company, or individual may have asked you to complete a document. A Commissioner for Oaths is an independent witness who charges a fee directly to the person who wishes to use their service (i.e. you – the customer).

05. Services

Statutory Declarations

Certified Copies

Deeds

Witnessing a signature on any other document

Providing blank forms from stock

Providing stationery

Printing (prior to visit)

Printing/Photocopying (during visit)

Services for Solicitors

Services for Accountants

Services for Engineers

What we do NOT do