Getting a legal person to sign an ATOC form for partners Priv

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theageofthetra

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Sorry if this is in the wrong section. I need to get the form from ATOC signed to confirm that my girlfriend lives with me so she can get her own Priv. We thought her work colleague who is a JP could sign it but he reckons he can't.

Does anyone know where I need to go to get this done and the approximate fee?

Basically all they do is look at the various forms of i.d and confirm that officially we live at the same address.

Thanks for any suggestions
 
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greatkingrat

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Just go into any solicitor's office and they should be able to do it in a few minutes for £5-£10.
 

scrapy

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Agreed usually a £5 fee if u go to a smaller solicitor. Larger partnerships cost more.
 

185

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Stat dec with a decent solicitor should be £5ish.
 

CyrusWuff

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Is there a list of occupations that can sign it?

Yup...It's a rather short list:

Rail Staff Travel said:
This form must be witnessed by, and declared in front of, one of the below:
  • A solicitor authorised to act as a Commissioner for Oaths and regulated by the Law Society
  • A Commissioner for Oaths
  • A Notary Public (listed by the Notaries Society)
 

pompeyfan

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I got charged £20 because it was the only local-ish solicitor to be open on a Saturday. Everyone else was only open 9-5 M-F which was difficult because that was the training school hours. 10 minutes work and it was done. All I needed was what was written on the ATOC form and my partner wasn't needed.
 

fireftrm

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I was charged £5 and only I had to go (12 months ago) but had to take three items of proof of both our IDs - there is a list on the ATOC site.
A JP definitely can't they are only a magistrate, no legal training, or qualification at all
 

AlterEgo

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A JP definitely can't they are only a magistrate, no legal training, or qualification at all

Legal training is neither here nor there, it is not required to witness a signature!

It's essentially getting a "trustworthy person" to witness you swear that the two people are cohabiting. It seems quite illogical that the list is more restrictive than the list of people who can sign a passport application.
 

fireftrm

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Legal training is neither here nor there, it is not required to witness a signature!

It's essentially getting a "trustworthy person" to witness you swear that the two people are cohabiting. It seems quite illogical that the list is more restrictive than the list of people who can sign a passport application.

Maybe you think so, but the yes it is - the ATOC requirement is for a Solicitor, or notary to witness you declaring a legal oath - they are the only people qualified to do so. They must also view the required documentation and make a declaration that they have done so. So the person must have the relevant legal training and qualification. Those are the rules, simples. A magistrate definitely does not comply, nor would your 'trustworthy' person.
 
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Barn

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Sounds like it's a statutory declaration or an affidavit. Otherwise they are being a little strict. You don't see as many of them these days but stat decs were quite a good way for newly qualified solicitors to get their lunch money.

The fee should be £5 plus £2 per additional document. If you're asked for more than that, go elsewhere if you're not in a hurry.

PS all practising solicitors are authorised to act as commissioners for oaths on matters which they are not otherwise acting, so you don't need to seek out any particular specialist.
 
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AlterEgo

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Maybe you think so, but the yes it is - the ATOC requirement is for a Solicitor, or notary to witness you declaring a legal oath - they are the only people qualified to do so. They must also view the required documentation and make a declaration that they have done so. So the person must have the relevant legal training and qualification. Those are the rules, simples. A magistrate definitely does not comply, nor would your 'trustworthy' person.

Yes, I think I see the difference now, thanks.

So, as a civil servant I can sign a passport application for someone I know well, and certify that what they say about themselves is true, but that is legally slightly different from taking an oath, which can only be done by a commissioner of oaths?
 

Puffing Devil

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Yes, I think I see the difference now, thanks.

So, as a civil servant I can sign a passport application for someone I know well, and certify that what they say about themselves is true, but that is legally slightly different from taking an oath, which can only be done by a commissioner of oaths?

Yes..
 

Barn

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Yes, I think I see the difference now, thanks.

So, as a civil servant I can sign a passport application for someone I know well, and certify that what they say about themselves is true, but that is legally slightly different from taking an oath, which can only be done by a commissioner of oaths?

Yes - for the passport application the countersignatory is making a statement himself / herself, whereas for an oath or statutory declaration the countersignatory is administering and formally witnessing a statement from another person.

However, whether an ATOC form really needs an oath or statutory declaration is another question. Sounds a bit overkill, given that we've removed those things from most areas of life, including company formations and even witness statements!

If the ATOC form is asking the professional to simply vouch that they have seen the documentation (i.e. make a declaration themselves) then yes, it is a bit patronsing to require that to be a solicitor and not any other regulated profession, and I say that as a solicitor myself.
 
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Tetchytyke

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stat decs were quite a good way for newly qualified solicitors to get their lunch money.

In the last solicitor's office I worked in they all chucked their £5s into a big tin and it paid for the office Christmas Party :lol:
 

JN114

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Did mine with SWMBO last year - local solicitors in deepest darkest east Wiltshire wanted £15 for the Statutory Declaration. It then took ATOC forever to send through her passes, which was by far the most arduous and frustrating part of the process.
 

fireftrm

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Barn - whether it requires it or not is down to ATOC and they do require the swearing of an oath, so rake in those £5 notes.....
 
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