A statutory declaration is a legally binding written statement, declared to be true under penalty of perjury, commonly required for Irish company formation, director appointments, and compliance filings with the Companies Registration Office. It serves as sworn evidence without needing court proceedings.
A Statutory Declaration is a formal written statement made voluntarily to confirm specific facts as true, declared before an authorised person such as a solicitor, commissioner for oaths, or notary public. In Ireland, it carries the same legal weight as an affidavit but requires less formality, making it a practical tool for business compliance.
When you make a Statutory Declaration, you affirm under penalty of perjury that the contents are accurate to the best of your knowledge. This document is governed by the Statutory Declarations Act 1938 and is widely used in corporate matters because it provides verifiable evidence without the need for court involvement. Your signature and the witnessing make it immediately binding.
For Irish entrepreneurs, Statutory Declarations streamline administrative processes whilst ensuring accountability. They confirm details like director eligibility or address accuracy, helping maintain public trust in the company registry records.
To create a Statutory Declaration in Ireland, draft a clear statement in the first person detailing the facts you need to verify. Begin with "I, [full name], do solemnly and sincerely declare" and end with the facts followed by "And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938.".
Print the document, sign it in the presence of an authorised witness such as a practising solicitor, notary public, or peace commissioner. The witness then signs and stamps the declaration, certifying your identity and the voluntary nature of your statement. No fee is required for the declaration itself, though professional witnesses may charge for their time.
A Statutory Declaration is made voluntarily outside court proceedings, whilst an affidavit is sworn for use in legal actions and typically requires more detailed verification. Both are sworn statements under oath, but statutory declarations suffice for most administrative corporate filings like Form A1 submissions.
Affidavits often demand stricter formatting and may need commissioning by a court officer, whereas Statutory Declarations offer flexibility for everyday business needs. In practice, Irish companies use statutory declarations more frequently for efficiency in incorporation and changes such as change of registered office.
During Irish company formation, a Statutory Declaration is often required to confirm that all directors consent to their appointment and meet eligibility criteria under the Companies Act 2014. It verifies no disqualifications exist, such as prior bankruptcy or criminal convictions affecting directorship.
Submit this alongside your Form A1 to the Companies Registration Office to establish the company's legitimacy from day one. Without it, your incorporation application risks rejection, delaying your business launch.
Authorised witnesses for a Statutory Declaration include solicitors, notaries public, peace commissioners, and certain public officials like Gardaí stationed in Ireland. They must verify your identity, often with photo ID, and cannot be a party to the facts declared.
Choose a witness familiar with corporate filings to ensure proper execution, avoiding refiling delays with the Companies Registration Office.
Making a false Statutory Declaration is perjury, punishable by fine or up to five years imprisonment under Irish law. Courts treat it seriously as it undermines trust in official records, particularly those impacting company governance and public registries.
Honesty is paramount; if facts change post-declaration, file amendments promptly to maintain compliance without risking prosecution.
Traditional Statutory Declarations require in-person witnessing, but remote options emerged during COVID-19 via audiovisual links under temporary legislation. Check current rules, as permanent remote commissioning may apply for solicitors using verified electronic processes.
For standard incorporation, in-person remains preferred to avoid validation issues with the registry.
