Notarial Certificate (Malaysia)

A Notarial Certificate in Malaysia certifies the facts or status it states for those who rely on it.

The Notaries Public Act 1959 governs the appointment and powers of notaries public in Malaysia. Notaries public in Malaysia are appointed by the Yang di-Pertuan Agong on the recommendation of the Attorney General under Section 3 of the Act and must be advocates and solicitors of the High Court of Malaya. Unlike commissioners for oaths — who are appointed under the Commissioners for Oaths Act 1993 (Act 502) with more limited powers — notaries public have full notarial authority including the power to protest bills of exchange, note dishonour, draw up ship's protests, and authenticate documents for international use.

Malaysia acceded to the Hague Convention Abolishing the Requirement for Legalisation of Foreign Public Documents (the Apostille Convention) with effect from 15 November 2020. Since Malaysia's accession, a notarial certificate issued by a Malaysian notary public can be authenticated for use in any of the 120+ Apostille Convention member countries by obtaining an Apostille from the Competent Authority in Malaysia — the Lembaga Hasil Dalam Negeri (Inland Revenue Board) or the Attorney General's Chambers, depending on the nature of the document. Prior to accession, the process required notarisation followed by Ministry of Foreign Affairs legalisation followed by consular authentication — a multi-step process now replaced by the single Apostille.

For documents to be used in countries not party to the Apostille Convention (including China and Indonesia for certain purposes), the traditional legalisation chain — notary public, Ministry of Foreign Affairs (Wisma Putra), and the relevant foreign country's consulate or embassy in Kuala Lumpur — remains applicable. The Malaysian Bar Council maintains a register of practising notaries public.

The legal framework governing the Notarial Certificate (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 Notarial Certificate (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 Notarial Certificate is needed in Malaysia whenever a document must be authenticated by an official with full notarial authority for domestic legal purposes or for use in a foreign jurisdiction.

A Notarial Certificate is required for documents to be used in foreign court proceedings, foreign company registrations, or foreign land transfers where the foreign jurisdiction requires notarial authentication. For example, a Malaysian company director executing a power of attorney for use in the United Kingdom or Australia must have their signature notarised by a Malaysian notary public and the document apostilled under the Hague Apostille Convention before the foreign authority will accept it.

A Notarial Certificate is required for the authentication of corporate documents — board resolutions, certificates of incorporation, memoranda and articles of association — that are submitted to foreign banks, investment authorities, or regulatory agencies. Foreign entities dealing with Malaysian companies frequently require SSM-certified documents to be further notarised and apostilled before accepting them.

A Notarial Certificate is needed when authenticating a power of attorney for use abroad. Under the Powers of Attorney Act 1949 (Act 424), a power of attorney for use in Malaysia need only be executed before a commissioner for oaths; however, foreign jurisdictions typically require notarisation and apostille before accepting a Malaysian power of attorney.

A Notarial Certificate is required for the authentication of academic qualifications — degree certificates, transcripts, professional licences — for use in foreign immigration applications, employment applications, or professional registration. Immigration authorities in countries such as the United States, Canada, and the United Kingdom require notarised and apostilled copies of Malaysian educational documents.

A Notarial Certificate is needed to certify the authenticity of a copy of a Malaysian passport, identity card (NRIC), or other identity document for submission to a foreign authority, confirming that the copy is a true and faithful reproduction of the original.

A valid Malaysian Notarial Certificate must contain the following essential elements to be effective in domestic and international transactions.

Notary Public Identification: Full name, qualification as an advocate and solicitor of the High Court of Malaya, appointment details under the Notaries Public Act 1959, notarial seal and registration number. The notary's seal is mandatory for all notarial acts in Malaysia and must include the notary's name and the words 'Notary Public, Malaysia'.

Description of Notarial Act: A precise statement of what the notary is certifying — signature authentication, copy certification, affirmation of capacity, protest of a bill, or other notarial act. The description must clearly identify the nature of the document being authenticated and the act performed.

Document Identification: The title, date, parties, and reference number (if any) of the document being authenticated. For certified copies, the original document must be produced to the notary for inspection and comparison.

Person Appearing: For signature authentication, the full name, NRIC or passport number, and capacity (individual or company officer) of the person whose signature is being authenticated. The person must appear personally before the notary public and provide satisfactory proof of identity.

Capacity Verification: For corporate documents, confirmation that the signatory has the authority to execute the document on behalf of the company — citing the board resolution, authorising clause in the memorandum and articles of association, or applicable provision of the Companies Act 2016.

Apostille Readiness: Confirmation that the certificate is issued for the purpose of apostille authentication under the Hague Apostille Convention (to which Malaysia acceded on 15 November 2020) or for legalisation through the Malaysian Ministry of Foreign Affairs (Wisma Putra) for non-Apostille countries.

Date and Place: The date and place (city, state) of issue of the notarial certificate. The date must match the date on which the notarial act was performed.

Additional compliance elements for a Notarial Certificate (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.