Become a Commissioner of Oaths

A commissioner of oaths is able to administer oaths to public officials or be a witness for a sworn affidavit. In many countries, such as Canada and Australia, the offices of notary public and commissioner of oaths are separate, with the notary public having more power. In the United States, the notary public has the powers of a commissioner of oaths, and it is not a separate office.

Steps

Applying to Be a Commissioner of Oaths

  1. Find the basic requirements for being a commissioner of oaths where you live. Look at your local state or province to find the requirements for your area. To make it easier, search for "commissioner of oaths" and your local state or province name.
    • Typically, you must meet certain eligibility requirements, such as being of voting age and not having a criminal record.[1]
    • You must also be a citizen of the area where you're applying, and often, you must be registered to vote.[2]
    • Others require you to be "of good character" and to understand the office you're undertaking.
  2. Fill in the appropriate forms. First, find the correct form on your government's website. For instance, in Ontario, law students fill out a different form than other citizens.[3] Most governments have an application form you fill in, which includes basic biographical information, citizenship information, and criminal background information. You may be allowed to explain any arrests.[4]
    • You'll also need to fill in a form for a criminal background check in most areas.
    • Include proof of identification with your form, such a copy of your driver's license or passport.
  3. Establish why you need to become a commissioner. In some cases, you may need to show why you should be allowed to be a commissioner. If it's relevant to your job, ask your employer to give examples of the documents you'll need to witness. You will likely need to include this on the application.[5]
    • On some forms, you may be required to write in why you want or need to be a commissioner.
  4. Review any relevant materials or handbooks. Often, the government will issue you a handbook to study, or they may point you to where you can find it online. Carefully read over the information to make sure you understand what you're getting into.[6]
    • Keep in mind that some areas have a test over the material, so make sure to study it well!
  5. Take a test if your area requires it. Once you apply, your local government will let you know if there is a test. If you must take one, they will tell you where to take it and what materials to review before you do.[7]
    • Often, the exam is just 10-15 fill-in-the-blank questions about being a commissioner.[8] Other times, you may need to show how you take an oath.
  6. Provide letters of reference or references. Depending on where you are, the government will likely require that you prove you're worthy of the office. The letters should cover why you should be allowed to be a commissioner and how you will contribute to the office.[9]
    • Pick professional references, such as your employer, or people who can comment on your character, such as a pastor.
    • Choose people who've known you more than a year.[10]
  7. Pay a fee to become a commissioner. In most areas, you will need to pay an amount designated by the government to become a commissioner. Often, you will need to pay it again after a certain amount of time to renew your status. Check your local application to see how much your fee is and where you need to pay it.[11]
    • For example, in Nova Scotia, Canada, the fee in 2019 is $132.70 CAD, and you must renew it every 5 years. However, it can vary, even within the same country. For instance, in Newfoundland Labrador, Canada, it's only $50.00 CAD every 5 years.[12]
    • Sometimes, this fee can be waived if you're a government employee or working for a nonprofit.[13]

Becoming a Notary Public in the United States

  1. Meet the eligibility requirements. Locate the eligibility requirements on your state's website. Usually, it's listed on the secretary of state website, but you can also search for your state's name and "notary public." Just be sure to choose websites with ".gov" at the end, as that indicates it's an official government website.[14]
    • Typically, the requirements include things like being 18 and a registered voter.
    • Other requirements may include being a resident of the county you're applying in and being of good character.[15]
    • Some felony convictions will knock you out of the running, depending on the state.[16]
  2. Fill in your state's application. You can usually find the application online. It will ask for basic biographical information, such as your name, address, phone number, and email. Also, write in information about your citizenship and include any convictions or criminal charges in your background.[17]
  3. Go to a state-approved course if it's required. Some areas require that you go to a short class on the role of the notary public. For example, in North Carolina, you must take a 6-hour class if you're not a registered attorney with the North Carolina Bar Association.[18]
    • If a course isn't required, read over the manual for notaries public provided by your state.
  4. Take the examination if your state has one. Most states have a test you take before you can become a notary. In fact, some states, like Connecticut, require that you answer all questions on the exam correctly before you are granted the right to be a notary.[19]
    • Usually, you can retake this part or resubmit the application for free if you don't pass.
  5. Pay the fee required by the state. Most states require a fee for you to apply to be a notary. How much you owe will vary by state, so look it up on your state's website. For instance, in Kentucky, the fee is $10 USD.[20]
    • In Maryland, the fee is $11 USD, and you must renew every 4 years.[21] In Missouri, the fee is $25 USD for a 4-year term as of 2019. Typically, the cost of the bond is 1-15% of the bond, depending on the company.[22]
  6. Obtain a surety bond if your state requires it. Purchase a bond from a surety company in the amount your state requests. The amount you need typically ranges from $500-$25,000. Contact a local insurance agency that sells this type of bond and then file it with the state along with your application.[23]
    • This bond just protects the public from mistakes you may make while carrying out your duties. If you do something wrong and it causes financial damages to a person, they can make a claim against your bond. In some cases, the bond is then revoked until you can get a new one.
    • For instance, in Missouri, you must present a surety bond worth $10,000 USD.

Becoming a Commissioner of Oaths under Special Circumstances

  1. Gain the title automatically in certain positions. In most countries, you get this office just by virtue of holding specific jobs. Typically, these are jobs that require that you witness oaths as a part of the position, making it essential that you are also commissioner of oaths.[24]
    • For example, judges, lawyers, members of governing bodies, commissioned officers in the military, and police officers all hold this position in Canada and other countries.
    • Mayors also usually fall under this umbrella.[25]
  2. Petition to be a commissioner in areas that require you to be a lawyer. In places like Ireland, lawyers or solicitors are most commonly commissioners. You can petition the court to become one, though you typically must have an affidavit for your petition (signed by a commissioner).[26]
    • In many cases, you may need people to swear to your character. For instance, in Ireland, you will need to have the affidavit signed by 6 upstanding members of the community and 6 members of the legal profession.
  3. Apply as a law student if your area encourages it. If you're a law student, the application may be easier, depending on where you live. Look to see if you have a separate application, as the government may be more willing to approve your application if they know you're a future lawyer.[27]
    • In other areas, law students and certain lawyers can't be commissioned, so always check your local regulations.[28]

Warnings

  • In most countries, you cannot charge a fee for your commissioner services.[29] In the U.S., the notary fees are usually set by the state.

References

  1. ↑ https://www.alberta.ca/notaries-and-commissioners.aspx#toc-2
  2. ↑ https://nt.gov.au/law/processes/justice-of-the-peace-and-commissioner-for-oaths/how-to-become-a-commissioner-for-oaths
  3. ↑ https://www.attorneygeneral.jus.gov.on.ca/english/courts/notary_public/
  4. ↑ https://nt.gov.au/__data/assets/pdf_file/0006/269934/commissioner-for-oaths-application.pdf
  5. ↑ https://companiesoffice.gov.mb.ca/forms/com_for_oath.pdf
  6. ↑ https://www2.gnb.ca/content/gnb/en/services/services_renderer.623.Commissioner_of_Oaths_-_Appointment.html
  7. ↑ https://www2.gnb.ca/content/gnb/en/services/services_renderer.623.Commissioner_of_Oaths_-_Appointment.html
  8. ↑ https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/for-legal-professionals/commissioners/exam_form.pdf
  9. ↑ https://novascotia.ca/just/Legal_Services/_docs/Oaths_Guidelines.pdf
  10. ↑ https://nt.gov.au/law/processes/justice-of-the-peace-and-commissioner-for-oaths/how-to-become-a-commissioner-for-oaths
  11. ↑ https://novascotia.ca/just/Legal_Services/_docs/Oaths_Guidelines.pdf
  12. ↑ https://www.justice.gov.nl.ca/just/faq/oaths.html
  13. ↑ https://www.attorneygeneral.jus.gov.on.ca/english/courts/notary_public/
  14. ↑ https://s1.sos.mo.gov/Business/Notary/general
  15. ↑ https://www.sos.ky.gov/bus/businessrecords/notaries/Pages/FAQs.aspx
  16. ↑ https://www.dos.ny.gov/licensing/lawbooks/NOTARY.pdf
  17. ↑ https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_10B.pdf
  18. ↑ https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_10B.pdf
  19. ↑ https://portal.ct.gov/-/media/SOTS/CommercialRecording/Notary/Manual.pdf?la=en
  20. ↑ https://www.sos.ky.gov/bus/businessrecords/notaries/Pages/FAQs.aspx
  21. ↑ https://sos.maryland.gov/Documents/NotaryManual.pdf
  22. ↑ https://s1.sos.mo.gov/Business/Notary/general
  23. ↑ https://s1.sos.mo.gov/Business/Notary/general
  24. ↑ https://www.alberta.ca/notaries-and-commissioners.aspx#toc-2
  25. ↑ https://www.justice.gov.nl.ca/just/faq/oaths.html
  26. ↑ https://www.citizensinformation.ie/en/justice/civil_law/commissioners_for_oaths.html#ld1a9a
  27. ↑ https://www.attorneygeneral.jus.gov.on.ca/english/courts/notary_public/
  28. ↑ https://novascotia.ca/just/Legal_Services/_docs/Oaths_Guidelines.pdf
  29. ↑ https://nt.gov.au/law/processes/justice-of-the-peace-and-commissioner-for-oaths/how-to-become-a-commissioner-for-oaths
Retrieved from "https://kipkis.com/index.php?title=Become_a_Commissioner_of_Oaths&oldid=277905"