Who Can Witness a Statutory Declaration in the UK? A Complete Guide for Businesses

If you’ve ever had to confirm an important fact for your business - like replacing a lost share certificate, verifying company details, or declaring something to a government department - you may have been asked to make a statutory declaration. At first glance, it might look like a simple signed statement, but in reality it’s a formal legal process governed by specific legislation. Getting it wrong - especially by using the wrong person to witness it - can make your declaration invalid and cause serious delays. This guide explains what a statutory declaration is, who can legally witness one in the UK, why the witness matters, and how to make sure your declaration is properly completed.

What is a statutory declaration?

A statutory declaration is a written statement of fact that the person making it (the declarant) signs and solemnly declares to be true. It’s typically used when there’s no other formal evidence available to prove something, for example when confirming company ownership, verifying compliance with a regulation, or replacing a lost document. The procedure is governed by the Statutory Declarations Act 1835, which sets out the required format and wording. It’s a formal way of saying:

“I officially declare that this information is true, and I understand it’s a criminal offence if it isn’t.”

Unlike an affidavit, which is sworn under oath and mainly used in court proceedings, a statutory declaration is used in civil, commercial, and administrative matters.

When businesses might need one

Statutory declarations are common in business for situations such as:

• Confirming ownership of property, shares, or assets
• Declaring that no legal proceedings or debts exist
• Replacing lost company documents or certificates
• Confirming compliance with contractual or tender conditions
• Providing assurance to government or regulatory bodies

They’re also sometimes required in banking, insolvency, or cross-border transactions where a director or officer must confirm specific facts. A declaration is not always required, but where it is requested, it’s often because the recipient needs legally reliable evidence when other proof isn’t available.

Why witnessing matters

A statutory declaration is only valid if it’s made before an authorised witness. This ensures independence and accountability. The witness’s role isn’t to verify that your statement is true - it’s to confirm that you appeared before them, understood what you were signing, and declared it voluntarily. If you sign before the wrong person, the declaration is legally defective. The recipient may reject it, and you may need to start again. In some cases, using an unauthorised witness can even cast doubt on the accuracy of the statement itself.

Who can legally witness a statutory declaration in the UK

The Statutory Declarations Act 1835 provides that a declaration must be made “before any Justice of the Peace, solicitor, or other person authorised by law to take or receive a statutory declaration.” In practice, that means:

Solicitors

Any practising solicitor in England, Wales, Scotland, or Northern Ireland can witness a statutory declaration, provided they’re independent of the matter. Solicitors automatically hold the status of Commissioners for Oaths, which means they’re authorised to administer oaths and take statutory declarations. This is the most common option for UK businesses. They’ll usually check your ID, watch you sign, and then sign, date, and stamp the document themselves. The statutory fee for this service is £5 for the declaration, plus £2 for each attached exhibit, although some firms may charge more if drafting or advice is involved.

Commissioners for Oaths

A Commissioner for Oaths is someone formally appointed by the Lord Chancellor to administer oaths and take declarations. They perform the same function as a solicitor in this context. Many law firms have one on staff, and some independent commissioners operate in towns and cities throughout the UK. You’ll be asked to show ID, read and sign the declaration, and then the commissioner will sign it, adding their name, address, and professional title.

Notaries Public

A Notary Public is a specialist lawyer authorised to authenticate documents for use both in the UK and abroad. If your statutory declaration will be used outside the UK - for example, to register a company, transfer assets, or confirm compliance for a foreign government or bank - it must usually be signed before a notary. The notary verifies your identity, ensures the declaration is executed correctly, and applies their official seal. They can also arrange for apostille or consular legalisation if the document is being sent overseas. Notaries typically charge between £50 and £100 depending on complexity and destination.

Other authorised persons

In certain cases, other people may be legally able to witness a statutory declaration, including:

• Justices of the Peace (JPs), usually found at magistrates’ courts
• Chartered Legal Executives who are authorised to administer oaths
• Commissioned officers in the armed forces for declarations made by service members
• Consular or diplomatic officers for British citizens abroad

These are less common for business purposes, but they remain valid options under the law.

Who cannot witness a statutory declaration

The witness must be independent and authorised. That means they cannot be:

• A family member
• A director, employee, or business partner involved in the matter
• Anyone named in or benefiting from the declaration
• A person without legal authority, such as an accountant, friend, or colleague

If the witness doesn’t meet these criteria, the declaration is invalid. It’s as though it was never made.

How to make a statutory declaration correctly

1. Prepare the declaration The statement must be written in the prescribed form set out in the Statutory Declarations Act 1835. It should begin with: “I of do solemnly and sincerely declare that…” and end with: “And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.” Any significant deviation from this formula can render the declaration invalid. It’s best to use the exact wording or have it reviewed by a lawyer.
2. Arrange an appointment Meet with a solicitor, Commissioner for Oaths, or notary. Bring valid photo ID (such as a passport or driving licence) and any exhibits you need to attach.
3. Make the declaration You’ll read the statement aloud and sign it in front of the witness. The witness then signs, dates, and includes their name, address, and qualification.
4. Pay the fee For domestic declarations, the statutory fee is £5 for the declaration and £2 for each exhibit. Notaries charge higher fees for international use.
5. Keep a copy Once signed, the declaration becomes legally binding. Keep a copy in your business records with the witness details and date for audit and compliance purposes.

Legal background and penalties for false declarations

Making a statutory declaration carries legal consequences. Under the Perjury Act 1911, anyone who knowingly makes a false statutory declaration is committing perjury - a criminal offence punishable by a fine or imprisonment. Beyond the criminal aspect, a false or invalid declaration can also have civil implications. If someone relies on a false statement in a transaction or contract, your business could face legal claims for misrepresentation or breach of warranty. This is why the process is formal and witnessed by a professional: it ensures that declarants understand the seriousness of what they’re signing.

Regional variations across the UK

The principles of statutory declarations apply throughout the United Kingdom, but terminology and practice can vary slightly.

• England and Wales use the Statutory Declarations Act 1835 directly.
• Scotland does not use the title “Commissioner for Oaths”, but notaries public in Scotland have equivalent powers.
• Northern Ireland follows similar procedures to England and Wales, with declarations typically made before a solicitor or commissioner.

Where a document is to be used in another part of the UK, it’s generally accepted if properly executed under the law of the place where it was made.

Remote or online witnessing

Traditionally, statutory declarations must be made in person. Since 2020, some institutions have begun to accept declarations witnessed via video conference - but only where the recipient specifically allows it. There is no universal legal recognition of remote witnessing under the 1835 Act, so before arranging a video appointment, confirm whether the organisation or authority receiving the declaration will accept it.

How long a statutory declaration remains valid

There’s no legal expiry date for a statutory declaration. Once made, it remains valid indefinitely unless the facts it contains change. However, the organisation requesting the declaration - for example, a bank or government department - may set its own validity period, often 3 to 6 months, to ensure the information remains current.

Choosing the right witness for your business

Common mistakes to avoid

• Signing the document before meeting the witness
• Using an unauthorised person as a witness
• Forgetting to include exhibits or page numbering
• Leaving out the prescribed statutory wording
• Failing to bring ID to the appointment
• Assuming remote witnessing is automatically valid

Fixing mistakes and maintaining compliance

If you realise your statutory declaration was witnessed incorrectly, you’ll need to make a new one before an authorised person. Once the problem is fixed, identify the cause - was it a misunderstanding, an administrative error, or confusion about who could witness? Put clear internal controls in place to prevent a repeat. It’s also worth getting professional legal advice. A lawyer can help you document your actions properly, update your policies, and ensure your overall compliance is sound. This is especially important if your business regularly relies on statutory declarations in dealings with regulators, lenders, or international partners.

Key takeaways

A statutory declaration is not complicated, but it is formal. It’s a legally recognised statement that must be made before the right type of independent witness. For most UK businesses, that means a solicitor or Commissioner for Oaths, and for international matters, a Notary Public. Using the correct wording and following the procedure ensures your declaration is valid, your business stays compliant, and your paperwork holds up under scrutiny. If you need help on legal compliance, Sprintlaw’s team of small-business lawyers can guide you through the process and ensure your documents meet every legal requirement. You can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.