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Witnessing the Power of Attorney

Executed within West Malaysia:

No instrument purporting to create a power of attorney shall have any validity to create such power within West Malaysia unless; the instrument is executed before, and is authenticated in the appropriate form set out in the first schedule to the Powers of Attorney Act 1949 (Malaysia) , by:

  1. A Magistrate; or
  2. A Justice of the Peace; or
  3. A Land Administrator; or
  4. A Notary Public; or
  5. A Commissioner for Oaths; or
  6. An advocate and solicitor; or
  7. An officer, acting in the course of his employment, of a company carrying on the business of banking in West Malaysia and incorporated by or under any written law in force in West Malaysia. Powers of Attorney Act 1949 (Malaysia) s 3(1)(a).

Executed outside West Malaysia:

No instrument purporting to create a power of attorney shall have any validity to create such power within West Malaysia unless, the execution is authenticated, in such form as may be accepted by the Registrar of the High Court of Malaya, by:

  1. A Notary Public; or
  2. A Commissioner for Oaths; or
  3. Any Judge; or
  4. A Magistrate; or
  5. A British Consul or Vice-Consul; or
  6. A representative of Her Britanic Majesty; or
  7. Any Consular Officer of Malaysia; or
  8. In the case of an instrument executed in the Kingdom of Saudi Arabia, the Malaysian Pilgrimage Commissioner; or
  9. In the case of an instrument executed in the Republic of Singapore, an advocate and solicitor of the Supreme Court of the Republic; or an officer, acting in the course of his employment, of a company carrying on the business of banking in the Republic and incorporated by or under any written law of the Republic. Powers of Attorney Act 1949 (Malaysia) s 3(1)(b).

This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.

Jump to this this section below.

Powers of Attorney - Step by Step Guide & Precedents

by By Lawyers For Lawyers author - C M Teng

Overview

This guide provides comprehensive direction on executing a valid Power of Attorney throughout Malaysia, including separate guidance for Western Malaysia.

The commentary includes hyperlinks to relevant legislation and covers all issues likely to arise in general practice, including;

  • Getting the matter underway
  • Power of Attorney precedents
  • Certificate of Authentication
  • Revocation
  • Finalisation

The supplied precedents enable you to produce the desired result time effectively and easily.

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