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  6. Can a statutory declaration be taken by Skype?

Can a statutory declaration be taken by Skype?

Is it possible to take a statutory declaration by Skype video or similar technology?

There is no prescribed information or guidance as to the layout or execution of a statutory declaration.

The procedures are those of established custom, based on the custom for administering an oath.

It is customary that the declaration is to be taken "before" a solicitor or commissioner for oaths, and so the declarant must be present.

Virtual declarations could pose certain risks, such as visibility of signature, proof of signature and identification documents, and inability to check the accuracy of attachments.

In the absence of any prescribed requirements or case law, it remains the custom for the declarant to be physically present before the solicitor or commissioner of oaths at the time of taking the declaration.

For further information, see our Guide to the Execution of Documents (3rd edition), which is available from our online bookshop.

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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