Statement of statutory is a legal document specified under certain Commonwealth country laws. It's similar to statements made under oath, but not sworn.
Official statements are usually used to allow a person to declare something right for the purpose of meeting some legal or regulatory requirements when no other evidence is available. They are so similar to the written statement (made on the oath).
Depending on the jurisdiction, official statements may be used to:
- Declaration of identity, nationality, marital status, etc. when documentary evidence is not available.
- Declare an intention to change a person's name.
- Affirms the origin and nature of the goods for export or import.
- Statement of originality for patent application.
Video Statutory declaration
Australia
Australian law defines an official statement as a written statement declared true before an authorized witness. The Statutory Declarations Act 1959 governs the use of legal declarations in matters involving Australian Commonwealth law, Australian Capital Territory, and other territories but excluding the Northern Territory.
Everyone within the jurisdiction of this law may make a formal statement in relation to any matter. This declaration can be used in connection with legal matters, including the judicial process, but the weight of what is given to the declaration is a matter that the judge must decide.
Statutory statements should be made in a prescribed form and witnessed by a person as defined in the Statute Declaration Declaration (1993) . Established witnesses include legal and medical practitioners, Peace Judges, public notaries, police officers, military officers, registered members of certain professional organizations (ie the Australian Association of Accountants and the National Tax Authorities), and certain other Commonwealth employees.
Deliberately making false statements as legal statements is a crime equivalent to a false oath, and can be punished with a fine and/or a jail term of up to four years.
Australian states each have their own laws regarding legal statements.
Maps Statutory declaration
Canada
In Canadian jurisdiction, legal statements are statements of facts written and evidenced by declarations before the person authorized to administer the oath, except that they are normally used out of court. They have the same effect in law as sworn statements or written statements. In the federal process, this form is governed by the Canada Proof Law . Similar provisions are made by various provinces for use in trials within their respective jurisdictions.
A person making a false statement may be charged with perjury under the Penal Code.
United Kingdom
Statutory statements can be used as a method of changing a person's name by law. They may be used by UK financial institutions to allow assets of relatively small value (usually less than Ã, Â £ 15,000) to be transferred to the executor of the will or others legally entitled to deal with or benefit from the property of a deceased person.
England and Wales
Under the Act of Declaration of Law 1835, a declaration can be made before anyone authorized by law to hear it (eg, lawyer or executive law), or before the Justice of Peace. In addition, officers from the armed forces with the rank of major and above, and British diplomatic and consular officials abroad, may authenticate official statements.
People who hear the declaration do not need to ask the truth. The person's function is limited to hearing the declaration, and declares that he has done so by signing it. If the declaration was not true, the defendant made it possible to be punished for perjury.
The form of the declaration of the law specified in the schedule for the Law:
"I (full name), do solemnly and sincerely declare that the content of this statement is true and I make this statement solemnly believe the same to be true and under the provisions of the Statute of the Statute of 1835. "
Standard forms are used for legal declarations; one copy will be given to the applicant and the other saved in the archive.
See also
- Affidavit
- swear statement
References
External links
- Statutoria Declaration - Australian Attorney General's Department
- Statutory Declaration of Act 1959 (Australia)
- Statutes of the 1993 Statute Declaration (Australia)
- Statutory Declarations Act, 1938 (Ireland)
- Oath and Declaration Act 1957 (New Zealand)
Source of the article : Wikipedia
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