Notary Public Vs. Commissioner For Oaths: The Key Differences You Need To Know

 The roles of a notary public and a Commissioner for Oaths are often confused, as both are authorized to handle certain legal paperwork. However, their scopes of authority and the types of services they provide are distinctly different. Understanding these differences is necessary to ensure documents are processed correctly and accepted by the intended recipient.

Defining the Roles

A Commissioner for Oaths is an official appointed to administer oaths, take affidavits, and receive statutory declarations. Their primary responsibility is to confirm that the person signing a document has sworn or affirmed that the contents of that document are truthful, and that the signature is authentic. The commissioner does not confirm the truth of the statements within the document itself, only the fact that the oath was properly administered.

A notary public and appointment holds all the powers of a Commissioner for Oaths, but with additional, more expansive authority. A notary public and official is often an individual who has met higher legal or professional qualifications.

Scope of Authority and Services

The key area of difference lies in the range of services each can perform, particularly concerning document certification and jurisdiction.

• Document Certification:

• Commissioner for Oaths: Generally cannot certify a copy of a document as being a true and accurate replica of the original.

• Notary Public: Can administer oaths and affirmations, and a notary public and can also officially certify copies of original documents (e.g., passports, diplomas) as true copies.

• Geographic Jurisdiction: This is often the most important difference, particularly for documents intended for use outside the local jurisdiction.

• Commissioner for Oaths: Their authority is typically confined to the jurisdiction (e.g., province or state) in which they are appointed. Documents commissioned are generally for use only within that region.

• Notary Public: The powers of a notary public and are recognized more broadly. A notary public and can generally process documents intended for use outside the appointing jurisdiction, including internationally. This is especially relevant for documents requiring authentication or "legalization" for foreign use.

Other Important Distinctions

• Formal Seal: A notary public is typically required to use a formal seal in addition to their signature and stamp, which provides a level of internationally recognized authentication. A Commissioner for Oaths usually only requires a signature and stamp, which may or may not include an expiry date.

• Appointment and Term:

• Commissioner for Oaths: Appointments may be for a limited, renewable term, or by virtue of a specific office (e.g., a lawyer, police officer, or certain government employees).

• Notary Public: Appointments are often for a longer term, or in some regions, a lifetime appointment for certain legal professionals. A notary public and is often a lawyer or a designated professional.

In summary, while a Commissioner for Oaths serves the essential function of witnessing sworn statements for local use, the authority of a notary public and is considerably broader, including the ability to certify documents and process paperwork for international recipients. When dealing with official documents, it is necessary to confirm the exact requirements with the recipient to determine whether a Commissioner for Oaths or a notary public is needed.