What is a statutory declaration in Singapore?
A statutory declaration is a formal statement to assert a particular matter’s truth.
Statutory declarations can be mandatory under certain legal requirements. However, individuals also have the option to voluntarily make a statutory declaration regarding any relevant issue.
Instances where a court may necessitate a statutory declaration include:
- Reporting the loss of a passport to the Immigration & Checkpoints Authority (ICA).
- Stating the reasons for a name change.
- Disclosing unemployed status when seeking an HDB loan.
- Making a declaration as evidence in support of patent revocation proceedings.
- Asserting, in certain situations, that a claimant named in a will is legally recognised as a beneficiary.
When submitting a statutory declaration, the person making the declaration is known as the declarant. The declarant needs to swear or affirm the truthfulness of the statutory declaration before a Commissioner for Oaths (CFO).
How to prepare a statutory declaration in Singapore?
To utilise statutory declarations in court proceedings, you must complete the statutory declaration form in the First Schedule of the Oaths and Declarations Act.
Do not sign the statutory declaration before it has been sworn or affirmed. You are required to sign it in the presence of a CFO.
How to swear or affirm a statutory declaration in Singapore?
Once you have completed the statutory declaration form, you must swear or affirm it before a CFO. Information on arranging for CFO services can be obtained.
Subsequently, you may submit the sworn or affirmed statutory declaration to the relevant court overseeing your case.
Any changes, such as amendments or deletions, cannot be made to the declaration after it has been sworn or affirmed unless the changes are made in the presence of the CFO.
What happens if a false statutory declaration is made in Singapore?
Making a false statutory declaration is considered an offence. If found guilty, the following penalties may apply:
- If false declarations are made in court proceedings, the potential consequences include a maximum sentence of 7 years of imprisonment and the imposition of a fine.
- If false declarations are made for purposes other than for court use, the potential penalties involve a maximum penalty of 3 years of imprisonment and a fine.
