Statutory Declaration Sample | Letter Template For The Bank

Why do I need a stat dec?

As part of your home loan application, your bank may ask you to provide a statutory declaration (also known as a ‘stat dec’) to confirm a particular piece of information.

Lenders tend to be overly cautious and ask for statutory declarations for information that’s either not relevant for a loan or has already been verified via another document.

In most cases, it’s easier to get a stat dec than to argue with the lender!

Statutory declaration sample

The below template should be copied into a word document, edited, printed and then signed in the presence of a Justice of the Peace (JP) or other acceptable witness.

Statutory Declaration

I/We: John Smith

Of: 1 Pitt St Sydney

in the State of New South Wales, do solemnly and sincerely declare as follows:

That my credit card with ABC Bank Ltd has been closed.

And I/we make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act, 1900 (as amended).

Subscribed and declared at Sydney NSW

This 1st day of January 2018.

John Smith

Before me:

Name: (Name of JP)
Justice of the Peace #: 123456

Ask a question on our comments section below, call 1300 889 743 or fill in our free assessment form.

One of our mortgage brokers can let you know if there are other lenders that don’t require a stat dec.

Editable Templates

You can use these templates to create your own stat dec:

Statutory declaration sample letters

Below are some example declarations that a lender may ask you to provide.

Please ask your bank or mortgage broker for the exact declaration that they require.

  • Statutory declaration for name variations: That my name is, and I would like to be known as, John Smith. My birth certificate shows my name as John James Smith but this is an error. I am one and the same person.
  • Change of name: My current name is Jane Smith. Previously I was known as Jane Johnston. I changed my name on 1/1/2016 when I married my husband.
  • Loan purpose: We intend to use the loan funds to purchase blue chip shares.
  • Existing companies: We registered ABC Pty Ltd on 1/1/2015. This customer has not traded, has not lodged any tax returns and has no liabilities.
  • Default explanation: Please refer to our default letter page.
  • Gift letter: Please refer to Template 2 on our gift letter page.
  • Separation (for FHOG): Me and my husband, John Smith, married on 1/1/2010 and separated on 1/1/2015. He is living at 1 George Street, Sydney, NSW. I have no intention of reconciling or cohabiting with him.
  • Renting: I am currently renting the property at 1 George St, Sydney, NSW for $350 a week. This is a private lease agreement with no agent involved.
  • Living rent free with parents: I am currently living with my parents and do not pay any rent or board.

There are many other types of stat decs that may be required by the banks.

Please refer to your bank if they ask for a specific stat dec.

Stat dec requirements

There are several common mistakes made when completing a stat dec. In particular:

  • Forgetting to date the declaration.
  • Not including middle names of the person signing the declaration or the witness.
  • Only one applicant for the mortgage signs the declaration.
  • The witness isn’t an authorised witness or doesn’t state their qualification e.g. doesn’t include their JP number.
  • The handwriting is illegible.
  • The wording of the declaration isn’t the wording requested by the lender.
  • The original stat dec isn’t provided to the lender or mortgage broker.

If you’d like your home loan approved quickly, we recommend that you double check your stat dec before returning it to the lender.

Do you need to include anexures?

Sometimes you may need to attach supporting documents as evidence of the claims made in your stat dec.

These supporting docs are known as anexures in legal terms and you need to provide a short description explaining what each anxure is.

You’ll need to provide supporting docs in your mortgage application at any rate so it’s best to discuss with your mortgage broker about what anexures to include.

Usually it’s better to provide the bare minimum of what the bank is asking for clarity around.

Who can witness a stat dec?

A stat dec must be signed in the presence of an authorised witness.

In most cases, stat decs are witnessed by a Justice of the Peace (JP) or solicitor. However, there are many other acceptable witnesses.

A statutory declaration under the Statutory Declarations Act 1959 may be made before:

  • A person who is currently licensed or registered under the law to practise in one of the following occupations:

  • A person who is enrolled on the roll of the Supreme Court of a state or territory, or the High Court of Australia, as a legal practitioner (however described); OR
  • A person who fits in the following list:

    • Agent of the Australian Postal Corporation
    • Australian Consular Officer or Australian Diplomatic Officer
    • Bailiff
    • Bank officer with 5 or more continuous years of service
    • Building society officer with 5 or more years of continuous service
    • Chief executive officer of a Commonwealth court
    • Clerk of a court
    • Commissioner for Affidavits
    • Commissioner for Declarations
    • Credit union officer with 5 or more years of continuous service
    • Employee of the Australian Trade Commission who is:

      • (a) in a country or place outside Australia; and
      • (b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and
      • (c) exercising his or her function in that place
    • Employee of the Commonwealth who is:

      • (a) in a country or place outside Australia; and
      • (b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and
      • (c) exercising his or her function in that place
    • Fellow of the National Tax Accountants’ Association
    • Finance company officer with 5 or more years of continuous service
    • Holder of a statutory office not specified in another item in this list
    • Judge of a court
    • Justice of the Peace
    • Magistrate
    • Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
    • Master of a court
    • Member of Chartered Secretaries Australia
    • Member of Engineers Australia, other than at the grade of student
    • Member of the Association of Taxation and Management Accountants
    • Member of the Australasian Institute of Mining and Metallurgy
    • Member of the Australian Defence Force who is:

      • (a) an officer; or
      • (b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or
      • (c) a warrant officer within the meaning of that Act
    • Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants
    • Member of:

      • (a) the Parliament of the Commonwealth; or
      • (b) the Parliament of a State; or
      • (c) a territory legislature; or
      • (d) a local government authority of a state or territory
    • Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
    • Notary public
    • Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
    • Permanent employee with 5 or more years of continuous service who is not specified in another item in this list:

      • (a) the Commonwealth or a Commonwealth authority; or
      • (b) a state or territory authority; or
      • (c) a local government authority;
    • Person before whom a statutory declaration may be made under the law of the state or territory in which the declaration is made
    • Police officer
    • Registrar, or deputy registrar, of a court
    • Senior Executive Service employee of:

      • (a) the Commonwealth or a Commonwealth authority; or
      • (b) a state or territory authority
    • Sheriff
    • Sheriff’s officer
    • Teacher employed on a full-time basis at a school or tertiary education institution

Contact us for assistance

We’re specialist mortgage brokers that can help you get your mortgage approved.

If your lender is asking you to sign a stat dec that you believe is unreasonable, talk to us and we can help you find a bank that doesn’t have this requirement.

If you’d like to make an appointment or speak to a mortgage broker, please call 1300 889 743 or complete our free assessment form today.

Still have questions? Feel free to comment below and we’ll get back to you as soon as possible.

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