Foreign entrepreneurs establishing a business, investing or applying for permits in Brunei will regularly encounter official document verification procedures. In most cases, this requires a visit to the court. The court fulfils an important administrative verification function in Brunei.
Documents and declarations generally have to be officially verified before they are accepted by ministries, banks, immigration authorities or other institutions. In practice, entrepreneurs will usually not appear before a judge, but before a Commissioner for Oaths.
The role of the Commissioner for Oaths
A Commissioner for Oaths is authorised to administer formal declarations and to verify and certify official documents. This includes, among other things, statutory declarations, affidavits and other written statements.
The Commissioner establishes the identity of the person making the declaration, verifies whether that person is authorised to act on behalf of the company where applicable, and assesses whether the declaration is adequately supported by the available evidence.
This involves considerably more than simply placing a signature or stamp on a document. The Commissioner confirms that the declarant has appeared in person, that his or her identity has been verified and that the declaration, including the supporting documentation, has been declared truthfully.
A declaration must be supported by evidence
The verification process is substantive in nature. For example, where an entrepreneur declares that a company is actively trading, has international clients with a certain turnover, receives specific payments or cooperates with government institutions, the Commissioner will request evidence to substantiate these statements, whether qualitatively or quantitatively. The Commissioner may therefore request access to information such as:
- E-mails with customers, suppliers or government authorities;
- Commercial contracts and agreements;
- Bank accounts and bank statements;
- Payment records and transaction histories;
- Invoices;
- Corporate documentation;
- Correspondence demonstrating the company’s business activities.
In many cases, it is sufficient to present this information on a laptop or mobile phone. The Commissioner may review relevant e-mails, transactions or documents to determine whether they support the contents of the declaration.
The Commissioner is not conducting a full financial or legal audit. The purpose is simply to establish that the declaration is not based solely on an unsubstantiated statement, but is supported by credible and verifiable information.
How the process works in practice
The entrepreneur reports to the designated court office or counter and explains which declaration or document requires verification. The document, passport and supporting corporate documentation will then be reviewed.
If the declaration concerns financial transactions, customers, investments or business activities, additional questions may be asked. It is therefore advisable not only to bring the document that requires verification, but also to ensure immediate access to relevant e-mails, bank accounts and digital business records, for example by bringing a laptop with internet access and/or a mobile phone.
Once the substantive review has been completed, the document is usually signed in the presence of the Commissioner. The declaration is then officially verified by means of the Commissioner’s signature, date and official stamp. Although the procedure is formal, it generally proceeds efficiently in practice.
Verification requires cash payment
A practical point to bear in mind is that court fees must be paid in cash. Payment by debit card or credit card is generally not accepted. It is therefore advisable to bring sufficient cash in advance to avoid having to interrupt the procedure to withdraw money elsewhere.
The costs vary depending on the type and amount of documentation involved. The base fee is generally between BND 20 and BND 100, while an additional fee of approximately BND 4 per verified page is usually charged. Consequently, the total costs depend on the number of documents that require verification during the appointment.
Digital copies must be covered by the entrepreneur
Following verification, the entrepreneur receives the original document back. The court does not automatically provide a digital copy and generally does not forward verified documents electronically to other institutions.
Where a ministry, bank, investment agency or another organisation requires a digital version, the entrepreneur must scan and submit the verified document personally.
It is therefore advisable to scan every verified document immediately in high quality and store both a local copy and a secure digital backup.
It should also be noted that although many institutions accept digital documents, some organisations—particularly government authorities—explicitly require the original verified documents. In such cases, a scanned copy or photocopy is insufficient. This may occur in connection with permit applications, immigration procedures, banking matters, investment files or other formal applications. The original signature and official stamp must then be physically available.
Entrepreneurs should therefore keep careful records of where original documents have been submitted. Where an institution retains the original document, it is advisable to ask in advance whether it will be returned. If the same document is expected to be required for multiple procedures, it may be worthwhile having several original copies verified.
Proper preparation avoids a second visit
Anyone wishing to have documents verified by a Commissioner for Oaths is well advised to bring more than just the document itself.
At a minimum, entrepreneurs should bring a valid passport, the relevant corporate documentation and sufficient cash. In addition, e-mail accounts, bank accounts, contracts and other supporting evidence should be immediately accessible, for example by bringing a laptop containing the relevant information and/or a mobile phone.
Considering doing business in Brunei?
Brunei offers interesting opportunities for international entrepreneurs. At the same time, it has a distinctive legal, administrative and commercial environment. Proper preparation and local guidance can save considerable time and money and help to ensure that procedures are completed efficiently.
Keen Concepts Sdn. Bhd., based in Brunei Darussalam, assists international entrepreneurs, investors and organisations in establishing, expanding and optimising their activities in Brunei and the wider region. Its services include company incorporation, market entry, investment support, licensing procedures, strategic advisory services and assistance in dealing with government authorities. Contact Keen Concepts Sdn. Bhd. to discuss your plans and discover how we can support your organisation.
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