Commissioner of Oaths Declaration (Malaysia)

A Commissioner of Oaths Declaration in Malaysia captures the particulars required for the filing or submission it supports.

Commissioners for Oaths in Malaysia are appointed by the Chief Justice under Section 4 of the Commissioners for Oaths Act 1993. They are typically practising advocates and solicitors admitted to the Malaysian Bar under the Legal Profession Act 1976, though retired officers of the judiciary or senior civil servants may also be appointed. Commissioners for Oaths have authority to administer oaths and take affirmations, to take affidavits and statutory declarations, and to attest the execution of documents — powers that are more limited than those of a Notary Public appointed under the Notaries Public Act 1959.

A Statutory Declaration under the Statutory Declarations Act 1960 is the standard form used in non-contentious administrative contexts — applications to government departments and agencies, SSM filings under the Companies Act 2016, name change applications with the National Registration Department (JPN), immigration applications, and various regulatory submissions. A Statutory Declaration is solemnly declared (not sworn on religious oath) and the declarant commits to the truth of the statement, with a false declaration constituting an offence under Section 200 of the Penal Code (Act 574) punishable by imprisonment of up to seven years or a fine.

An Affidavit under the Rules of Court 2012 is the court-specific form, used to introduce evidence in Malaysian civil proceedings, support interlocutory applications, and verify pleadings. An Affidavit is sworn on oath (religious or solemn affirmation) before a Commissioner for Oaths under Order 41 of the Rules of Court 2012, and its contents are binding on the deponent in the proceedings.

The legal framework governing the Commissioner of Oaths Declaration (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Commissioner of Oaths Declaration (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Federal Constitution of Malaysia sets the foundational requirements.

A Commissioner of Oaths Declaration is needed in Malaysia across a broad range of legal, administrative, and commercial contexts where a formal sworn or affirmed statement is required to satisfy a legal requirement or provide evidence.

A Commissioner of Oaths Declaration is required for court proceedings in Malaysia. Under Order 41 of the Rules of Court 2012, all evidence in interlocutory applications — injunctions, summary judgments, setting aside orders — must be supported by affidavits sworn before a Commissioner for Oaths. Originating processes commenced by Originating Summons are typically supported by an affidavit in lieu of pleadings.

A Commissioner of Oaths Declaration is required for company filings with the Companies Commission of Malaysia (SSM). Statutory declarations verifying the contents of documents filed under the Companies Act 2016 — including declarations of solvency in members' voluntary winding-up under Section 443(1), and various director declarations — must be made before a Commissioner for Oaths.

A Commissioner of Oaths Declaration is needed for property transactions. The Land Registry forms under the National Land Code 2020 (Act 828) require statutory declarations and affidavits in various contexts — applications to rectify the register, declarations of trust, and declarations supporting applications for the replacement of lost title documents under Section 342 of the National Land Code 2020.

A Commissioner of Oaths Declaration is required for immigration applications at the Immigration Department of Malaysia under the Immigration Act 1959/63. Statutory declarations of support for visa applications, work permit applications, and permanent residency applications frequently require sworn declarations before a Commissioner for Oaths.

A Commissioner of Oaths Declaration is needed for name change applications at the National Registration Department (JPN) under the National Registration Regulations 1990, where a statutory declaration confirming the applicant's identity and the reason for the name change is required.

A Commissioner of Oaths Declaration is required for banking and financial transactions, including statutory declarations of loss of original documents (such as fixed deposit certificates, title deeds, or share certificates) as required by Bank Negara Malaysia guidelines for replacement documentation.

A valid Malaysian Commissioner of Oaths Declaration — whether as a Statutory Declaration or an Affidavit — must contain the following essential elements.

Deponent Identification: Full legal name, NRIC number, occupation, and address of the person making the declaration (the declarant or deponent). The identity must match the NRIC presented to the Commissioner for Oaths at the time of signing, as the Commissioner has a duty to verify identity under Section 5 of the Commissioners for Oaths Act 1993.

Body of Declaration: A clear, truthful, and complete statement of the facts being declared, written in the first person ('I, [name], do hereby solemnly and sincerely declare that...'). The statement should be organised in numbered paragraphs for clarity. Each paragraph should contain only one factual point or related group of facts.

Exhibits: If documents are referred to in the body of the declaration, each document must be attached as a marked exhibit (Exhibit A, Exhibit B, etc.) and identified in the text with the phrase 'now produced and shown to me marked [Exhibit reference]'. The Commissioner for Oaths marks and signs each exhibit.

Declaration Formula: The formal closing words required by the Statutory Declarations Act 1960: 'AND I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Statutory Declarations Act 1960.' For affidavits under the Rules of Court 2012, the formula is: 'Sworn [or Affirmed] at [place] this [date], before me.'.

Commissioner's Certificate: The Commissioner for Oaths' full name, reference number assigned under the Commissioners for Oaths Act 1993, official stamp, and signature. The certificate confirms the Commissioner's identity and authority and records the date and place of the declaration.

Date and Place: The date and place (city, state) at which the declaration was made. The declaration is only valid from the date it is signed before the Commissioner — it cannot be backdated.

Language: Statutory declarations and affidavits for Malaysian court use must be in Bahasa Malaysia or English under Section 8 of the National Language Acts 1963/67, though English is widely accepted in the High Court of Malaya and superior courts.

Additional compliance elements for a Commissioner of Oaths Declaration (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.