NOTARY PUBLIC
The general role of a Notary Public (appointed by the Attorney-General of Malaysia) is to draw, attest or certify, under an official seal, documents which are intended for use in other jurisdictions including administer any oath or affirmation in connection with any affidavit or statutory declaration which is executed for the purpose of being used in any court or place outside Malaysia (and usually a Notarial Certificate is required).
In Malaysia, there are also various legal provisions including Land Code of Sarawak (s. 215), Land Ordinance of Sabah (s. 97) and National Land Code (s. 211) which provide for a situation where a document may be attested by a Notary Public.
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COMMISSIONER FOR OATHS
A Commissioner for Oaths (appointed by the Chief Justice of the Federal Court of Malaysia) is tasked with the administering of oaths or affirmations for legal documents (such as statutory declarations and affidavits) to be used in Malaysia.
A Commissioner for Oaths (CFO) is not permitted to certify a copy of any document though a CFO may attest to a Statutory Declaration made by the owner of any documents to authenticate any documents referred to in the declaration.
A CFO is also not permitted to attest any document as a witness unless permitted by law such as :
a. Power of Attorney Act 1949 (s. 3)
b. Moneylenders Act 1951 (s. 27)
c. Hire Purchase Act 1967 (s. 22)
d. Sabah Land Ordinance (s. 97)
*Only available in our Kuching HQ. Kindly make an appointment with us through 082-35 6969 and/or general@sklingtan.com