25/07/2024
Notaries and Commissioners for Oaths: What's the Difference?
1. Notaries Public in Malaysia:
According to the Notaries Public Act 1959, a Notary Public in Malaysia is appointed by the Attorney General from lawyers with at least 15 years of experience.
2. Powers of a Notary Public:
Under the Notaries Public Act 1959, a Notary Public is an internationally recognized official appointed to perform certain duties similar to those of a Notary Public in the United Kingdom. The main responsibilities include:
(a) Witnessing the signing of agreements and letters.
• Verifying and certifying true copies of documents for the parties involved, including passports, identification cards, birth certificates, marriage certificates, academic transcripts, bank statements, proof of residence, and various institutional billing statements.
(b) Certifying and attesting documents, including notarizations or certifications.
(c) Administering oaths or affirming statutory declarations intended for use in foreign countries or courts outside Malaysia.
3. Differences Between a Notary Public and a Commissioner for Oaths in Malaysia:
The powers and duties of Notaries Public and Commissioners for Oaths derive from different legislations in Malaysia. The powers of a Notary Public come from the Notaries Public Act 1959, whereas a Commissioner for Oaths is appointed by the Chief Justice under the Court of Judicature Act 1964 and regulated by the Commissioner for Oaths Rules 2018.
• Notaries Public have the authority to notarize and certify documents intended for use abroad. This includes witnessing the signing of agreements and certifying true copies of any documents.
• Commissioners for Oaths are not authorized to certify documents or attest true copies of any documents. Their authority is limited to documents used within Malaysia. They can affirm affidavits used in Malaysian courts, statutory declarations as prescribed by the Statutory Declarations Act 1960, Form A under Section 3(1) of the Small Estates (Distribution) Act 1955, and powers of attorney under the Powers of Attorney Act 1949, among others.
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