Q&As

Are there any restrictions on who can sign a statutory declaration on behalf of a company and who can witness it?

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Published on LexisPSL on 24/04/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Are there any restrictions on who can sign a statutory declaration on behalf of a company and who can witness it?
  • Background
  • Making a declaration
  • Witnessing a declaration

Background

A statutory declaration is a solemn verification of fact made otherwise than for judicial proceedings.

In practice the making of a statutory declaration is a means of proving or evidencing matters of fact and it is one which is commonly used in non-litigious proceedings, and in such proceedings serves the same purposes as affidavits in litigious proceedings.

Making a declaration

We have been unable to find any authority that suggests there are statutory restrictions on the person that can make a declaration.

If there are no such restrictions, it will be necessary to check the articles of association to establish whether

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