Regulation

Can I administer a statutory declaration if I’m not currently working?

I’m a recently qualified solicitor with a practising certificate. However, I’m not currently working. Can I administer a statutory declaration for a neighbour?

Administering a statutory declaration is subject to the same restrictions as administering an oath.

As the administration of oaths is a reserved activity, you must:

  • have a current practising certificate
  • not be interested in the declarant’s business or represent them
  • be an “authorised person in relation to the administration of oaths” as set out in section 183 of the Legal Services Act 2007

The Solicitors Regulation Authority (SRA) has also issued guidance.

Where the only reserved legal activity you undertake when practising on your own (but not as a recognised sole practice) is administering oaths or statutory declarations, the SRA will not see you as being in breach of regulation 10.1 of the Authorisation of Individuals Regulations (AIRs).

Notwithstanding your level of post-qualification experience, you will not need to meet the conditions set in regulation 10.2(b) AIRs if you do not:

  • charge a fee for administering oaths or statutory declarations other than the statutory fee, or
  • provide the services of administering oaths or statutory declarations by way of business

For more information, see the SRA guidance on administering oaths and statutory declarations outside normal practice and Execution of Documents (3rd edition).

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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