Statutory Declaration / Sumpah Percaya (Malaysia)

A Statutory Declaration / Sumpah Percaya in Malaysia records sworn statements of fact that can be relied on before a court or authority.

A statutory declaration has significant legal weight in Malaysia. Under Section 8 of the Statutory Declarations Act 1960, any person who makes a statutory declaration that is false in a material particular, knowing it to be false or not believing it to be true, commits an offence punishable by imprisonment of up to two years or a fine, or both. The Criminal Procedure Code and the Evidence Act 1950 recognise statutory declarations as evidence in certain civil and criminal proceedings.

Statutory declarations are widely used in Malaysia for administrative purposes — to support applications to government agencies such as the National Registration Department (Jabatan Pendaftaran Negara, JPN), the Immigration Department (Jabatan Imigresen), the National Land Registry, and the Companies Commission of Malaysia (SSM). They are also used in banking and financial contexts where a party needs to attest to facts — for example, declaring the loss of a title deed, confirming a change of name, or declaring that a cheque has been lost.

The Oaths and Affirmations Act 1949 governs the administration of oaths in Malaysia, alongside the Statutory Declarations Act 1960. A deponent who objects to being sworn on religious grounds may instead make a solemn affirmation, which has the same legal effect as an oath. Commissioners for Oaths in Malaysia are appointed under the Commissioners for Oaths Act 1959 and are authorised to administer oaths and take statutory declarations throughout Malaysia, except in Sabah and Sarawak where separate legislation applies.

The legal framework governing the Statutory Declaration / Sumpah Percaya (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 Statutory Declaration / Sumpah Percaya (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 Statutory Declaration (Sumpah Percaya) in Malaysia is needed whenever a person must formally attest to facts for official, administrative, or legal purposes without a court proceeding.

A Statutory Declaration is required when applying to the National Registration Department (JPN) to correct an error on a birth certificate, change a name, or report the loss of a National Registration Identity Card (NRIC / MyKad).

A Statutory Declaration is needed when reporting a lost or destroyed original title deed to a property to the relevant State Land Registry, as a prerequisite for applying for a replacement title under the National Land Code 1965.

A Statutory Declaration is required when a bank or financial institution requests formal confirmation of the loss of a fixed deposit certificate, share certificate, or insurance policy, before issuing a replacement document.

A Statutory Declaration is needed when a company director or secretary must attest to facts about the company for a filing with the Companies Commission of Malaysia (SSM) — for example, declaring the loss of company documents or confirming the status of a shareholder.

A Statutory Declaration is required in immigration matters — for example, when a foreign national or their Malaysian sponsor must declare facts in support of a visa or long-term pass application to the Immigration Department under the Immigration Act 1959/63.

A Statutory Declaration is needed when a person must confirm the identity of a deceased person or the circumstances of a death where official records are unavailable, to support probate proceedings before the High Court of Malaya or an application to the Amanah Raya Berhad (ARB) for administration of a small estate.

Parties in Malaysia should prepare a Statutory Declaration / Sumpah Percaya (Malaysia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. 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). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Statutory Declaration in Malaysia under the Statutory Declarations Act 1960 must contain the following essential elements.

Deponent Identity: The declaration must state the full name, NRIC number or passport number, occupation, and address of the deponent — the person making the declaration. This identifies the maker of the solemn statement and links it to a specific individual.

Declaration Statement: The body of the declaration must set out clearly, concisely, and precisely the facts being declared. Each fact should be stated separately, numbered, and worded in the first person. The statement should contain only facts within the deponent's personal knowledge, and should distinguish between facts directly known and facts believed to be true on stated grounds.

Statutory Warning: The declaration must reference the Statutory Declarations Act 1960 and acknowledge that making a false declaration is an offence under Section 8 of the Act, punishable by imprisonment of up to two years or a fine.

Jurat: The jurat is the attestation clause at the foot of the declaration, recording that the declaration was sworn or affirmed before the authorised officer, the date, place, and the officer's name, designation, and registration number. For a Commissioner for Oaths, the registration number under the Commissioners for Oaths Act 1959 must be stated.

Oath or Affirmation: The deponent must personally appear before the authorised officer and take an oath (on a holy book or scripturally appropriate object) or make a solemn affirmation under the Oaths and Affirmations Act 1949. The declaration cannot be made remotely or signed in advance of appearing before the officer.

Signatures: The declaration must be signed by the deponent and the authorised officer. The Commissioner for Oaths or other officer affixes their official stamp. The officer is legally prohibited from taking a declaration from a person whose declaration they know to be false.

Additional compliance elements for a Statutory Declaration / Sumpah Percaya (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.