Solemn declaration

What it means

A solemn declaration is a written statement in which a person confirms a fact on their honour and responsibility. Authorities and business partners use it where requiring an official document would be impractical or impossible, for example to confirm that something does not exist.

In business it comes up when setting up a company or a trade licence, in grant applications, in public procurement, when a property owner consents to a registered office or when declaring a clean record. Often it is a pre-printed form that just needs filling in and signing.

A solemn declaration is not a formality. The signatory takes responsibility for its truth. A false declaration to an authority is an administrative offence, and in more serious cases, such as obtaining a grant, it can be a crime and the grant has to be repaid.

How it works in practice

Before signing, we advise reading the whole declaration, not just the signature line. Grant forms often contain several declarations at once, for instance that there are no tax arrears, on linked enterprises or on de minimis aid already received, and each one must be true.

Some declarations need a certified signature, such as consent to a registered office for the commercial register. In an electronic filing a qualified electronic signature replaces it, so there is no need to visit a registry office.

Authorities increasingly check data themselves in registers. Instead of a declaration of a clean record they may, for example, request a criminal record extract electronically. A declaration is therefore not a way around checks, only a way to speed them up.

What to watch out for

The most common mistake is signing a declaration of no arrears without checking. The company believes it owes nothing, yet a small amount of interest or a fee remains unpaid on its tax account. In a grant procedure that can mean exclusion or repaying the money.

Be careful with declarations signed on behalf of others too. A director who signs a declaration for the company about facts they have not verified bears personal responsibility. Where it concerns accounting data, it is sensible to have the accountant confirm them.