Statutory Declaration — Lost NRIC / MyKad (Malaysia)

A Statutory Declaration — Lost NRIC / MyKad in Malaysia records sworn statements of fact that can be relied on before a court or authority.

Section 28 of the National Registration Act 1959 makes it a criminal offence to fail to report the loss of an NRIC to the Director General of National Registration within fourteen days of discovering the loss. The prescribed penalty for non-reporting is a fine of up to RM 100 under Section 28 of the Act. When applying for a replacement MyKad (the third replacement onward carries a fee of RM 110 per replacement under the National Registration Regulations 1990), JPN requires the applicant to submit a statutory declaration confirming the loss.

The Oaths and Affirmations Act 1949 (Act 13) and the Statutory Declarations Act 1960 (Act 783) together govern the making of statutory declarations in Malaysia. A statutory declaration may be made before a Commissioner for Oaths, a Magistrate, a Session Court Judge, or a Judge of the High Court. The Commissioner for Oaths is the most common authority used for routine statutory declarations. The declarations must be in writing, signed by the declarant, and witnessed by the authorised officer who administers the oath or affirmation.

A Statutory Declaration for a lost MyKad differs from a police report (Laporan Polis) for a lost document. The National Registration Department accepts a statutory declaration as the required documentary evidence for a routine MyKad replacement, while a police report at a Royal Malaysia Police (PDRM) station is the appropriate step for reporting suspected theft of an identity document or where the loss involves possible identity fraud. In practice, applicants for replacement MyKad are advised to make both a statutory declaration and a police report when the circumstances of the loss are unclear.

For foreign nationals holding long-term residency in Malaysia, the equivalent document is the MyPR (Permanent Residency card) or MyTentera (Armed Forces ID). Loss of these documents is reported to JPN under the same statutory framework, but separate procedures apply for permanent residents and for foreign nationals holding employment or dependent passes.

The legal framework governing the Statutory Declaration — Lost NRIC / MyKad (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 — Lost NRIC / MyKad (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contracts Act 1950 (Act 136) sets the foundational requirements.

A Statutory Declaration for a Lost NRIC (MyKad) in Malaysia is required in specific circumstances under the National Registration Act 1959 and JPN replacement procedures.

A Statutory Declaration for a Lost NRIC is required when a Malaysian citizen applies at a JPN office for a replacement MyKad following loss of the original card. JPN's replacement procedure requires the applicant to submit a signed statutory declaration before a Commissioner for Oaths, together with a passport-sized photograph and the prescribed replacement fee.

A Statutory Declaration for a Lost NRIC is needed when a person's MyKad has been lost and the card must be replaced before a deadline — for example, before a travel requirement, an employment start date requiring NRIC verification, or a banking transaction that mandates NRIC production at a Maybank, CIMB, or Public Bank branch.

A Statutory Declaration for a Lost NRIC is required when the applicant cannot recall whether the MyKad was lost, destroyed, or inadvertently discarded, and JPN requires a statutory declaration as the most efficient mechanism to confirm the circumstances of non-possession, in lieu of a police report for non-theft situations.

A Statutory Declaration for a Lost NRIC is needed when a young person reaching age 12 who was issued a MyKad for the first time cannot produce the card for school registration, university admission to a Malaysian public university (IPTA), or government scholarship application requiring an NRIC reference.

A Statutory Declaration for a Lost NRIC is required when an elderly Malaysian citizen whose MyKad has been damaged, lost, or destroyed needs to apply for a replacement, and their inability to appear at JPN in person requires a family member to assist with completing the declaration on their behalf (with the elderly person's signature and a letter of representation).

A valid Statutory Declaration for a Lost NRIC (MyKad) in Malaysia that meets JPN requirements and satisfies the Oaths and Affirmations Act 1949 must contain the following elements.

Declarant Identification: The declarant's full name as per their existing NRIC or birth certificate, current NRIC number (if known from memory or other records), date of birth, address, and contact details. The declarant must be the person whose MyKad is lost — a declaration made on behalf of another adult is not generally accepted by JPN without an accompanying letter of authorization.

Declaration Statement: A clear, first-person sworn statement that the MyKad bearing the declarant's NRIC number has been lost, and that the declarant has conducted reasonable searches but has been unable to locate the card. The statement must confirm that the card was not deliberately destroyed, given away, or transferred to another person.

Circumstances of Loss: A brief description of the circumstances in which the MyKad was lost — for example, left at a business premises, lost during travel, or missing following a house move. Where the circumstances involve possible theft, the declarant should be advised to file a police report at the nearest PDRM station in addition to the statutory declaration.

Previous Replacement History: The declaration should note whether a replacement MyKad has previously been issued, as JPN tracks replacement history. Third and subsequent replacements attract a higher fee under the National Registration Regulations 1990.

Commissioner for Oaths Details: The name, registration number, and address of the Commissioner for Oaths before whom the declaration is made must be recorded, with the date of commissioning. The Commissioner's seal and signature authenticate the declaration under the Oaths and Affirmations Act 1949.

Declarant's Signature: The declarant must sign the declaration in the presence of the Commissioner for Oaths. Making a false statutory declaration is a criminal offence under Section 199 of the Penal Code (Act 574), carrying a fine and imprisonment of up to three years.

Witness to Declaration: The Commissioner for Oaths witnesses and endorses the declaration with the words "Declared before me" or equivalent, the date, their signature, seal, and registration number under the Commissioners for Oaths Act 1959.

Additional compliance elements for a Statutory Declaration — Lost NRIC / MyKad (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.