Power of Attorney — Property (Malaysia)
POWER OF ATTORNEY
POWER OF ATTORNEY
Powers of Attorney Act 1949 (Act 424)
THIS POWER OF ATTORNEY is made on [Poa Date] by [Donor Name] (NRIC/Passport No.: [Donor I C]), of [Donor Address] ("the Donor").
Appointment of Attorney
I, the Donor, hereby appoint [Attorney Name] (NRIC/Registration No.: [Attorney I C]), of [Attorney Address] ("the Attorney"), to be my true and lawful attorney to act for me and in my name and on my behalf in relation to the property described below.
Property
Property: [Property Address]
Title Reference: [Title Reference]
Scope: [Poa Scope]
Powers Granted
The Attorney is authorised to do any or all of the following acts in relation to the Property:
1. Sale and Transfer — [Power Sell]
To sell, transfer, or otherwise dispose of the Property; to execute a Sale and Purchase Agreement, Memorandum of Transfer (Form 14A under the National Land Code 1965), Deed of Assignment, or any other instrument of transfer; to agree on the sale price and terms; and to receive and give a good receipt for the sale proceeds.
2. Charge — [Power Charge]
To charge or mortgage the Property as security for any financing facility; to execute a Memorandum of Charge (Form 16A under the NLC 1965), facility agreement, and all ancillary security documents; and to execute a Discharge of Charge (Form 16N) or equivalent upon full repayment.
3. Management and Letting — [Power Manage]
To manage, maintain, and let the Property; to execute tenancy agreements; to collect rent and give receipts therefor; to appoint and instruct property managers, contractors, and agents; and to carry out all acts necessary for the management of the Property.
4. Caveats — [Power Caveat]
To lodge a private caveat (Form 19B) over the Property under the National Land Code 1965, and to withdraw any such caveat.
5. Redemption — [Power Redeem]
To receive redemption sums from any financial institution; to sign all documents necessary to discharge any registered charge or release any DAPA; and to give a good receipt for all monies received.
6. Additional Powers
[Additional Powers]
7. General Authority
To do all other acts, deeds, and things as may be necessary or incidental to the exercise of any of the foregoing powers, including to execute any document, to appear before any public authority, and to instruct solicitors on the Donor's behalf in relation to the Property.
Revocability
This Power of Attorney is irrevocable: [Is Irrevocable].
Irrevocability Period / Conditions: [Irrevocability Period]
Execution
IN WITNESS WHEREOF I have hereunto set my hand on [Poa Date] at [Donor Country].
Signed by the Donor:
_____________________________
[Donor Name]
NRIC/Passport: [Donor I C]
Date: [Poa Date]
Witnessed before me:
_____________________________
Advocate and Solicitor / Commissioner for Oaths / Notary Public
Name: ____________________
Date: [Poa Date]
NOTE: This Power of Attorney must be witnessed by an Advocate and Solicitor, Commissioner for Oaths, or Magistrate in Malaysia (Powers of Attorney Act 1949). If executed overseas, it must be notarised and apostilled (for Hague Convention countries) or attested by the Malaysian High Commission/Embassy before use in Malaysia.
Donor (Principal)
________________
Signature
Witness / Commissioner for Oaths
________________
Signature
What Is a Power of Attorney — Property (Malaysia)?
A Power of Attorney — Property in Malaysia authorises an appointed attorney to act on the donor's behalf in defined financial or personal matters.
Property powers of attorney in Malaysia take two main forms. A general property POA authorises the attorney to deal with all or substantially all of the donor's property matters — used, for example, when a property owner is residing overseas and needs a trusted person to manage their Malaysian properties. A specific property POA or irrevocable power of attorney is more commonly encountered in the DAPA (Deed of Assignment with Power of Attorney) structure for Islamic and conventional financing of pending title properties — here, the borrower (donor) grants the bank (attorney) an irrevocable power of attorney to sell, transfer, or deal with the property in the event of the borrower's default on the financing.
A Power of Attorney for land dealings in Malaysia that involves the registration of instruments at the Pejabat Tanah dan Galian — such as a transfer, charge, or withdrawal of caveat — must comply with the form and requirements prescribed under Section 311 of the NLC 1965 and the National Land Code (Peninsular Malaysia) (Forms) Rules 1965. The PTG requires a certified copy of the POA to be deposited before the attorney can execute registered instruments on behalf of the donor.
For overseas donors executing a POA for Malaysian property, the document must be notarised by a Notary Public in the country of execution and authenticated (apostilled) under the Apostille Convention if the country of execution is a signatory, or attested by the Malaysian High Commission or Embassy in the relevant country for non-signatory countries, before it is recognised in Malaysia.
The legal framework governing the Power of Attorney — Property (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 Power of Attorney — Property (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Powers of Attorney Act 1949 (Act 424) sets the foundational requirements.
When Do You Need a Power of Attorney — Property (Malaysia)?
A Power of Attorney for property is needed in Malaysia in several key situations involving property management or financing.
A Power of Attorney is required as part of the DAPA (Deed of Assignment with Power of Attorney) structure for bank financing of pending title properties. The borrower grants the bank an irrevocable POA authorising it to deal with the property — including to sell, transfer, and collect proceeds — in the event of default on the housing loan or Islamic financing.
A Power of Attorney is needed when a property owner residing or working overseas (e.g., a Malaysian working in Singapore, the United Kingdom, or Australia) needs to authorise a trusted person — a family member, solicitor, or property manager — to manage their Malaysian property, including to collect rent, execute tenancy agreements, approve repairs, and pay rates and assessments.
A Power of Attorney is required when a property owner intends to sell their property but will not be available to execute the Memorandum of Transfer (Form 14A) personally — the POA authorises the attorney to execute the MOT and all related conveyancing documents on the donor's behalf.
A Power of Attorney is needed when a property is held jointly by multiple owners and one or more of them are unable to attend to the sale or mortgage — the absent co-owner(s) grant a POA to one of the co-owners or a solicitor to execute all necessary documents.
A Power of Attorney is required when a company officer who is the registered proprietor of property held on behalf of a company needs to authorise another officer to execute registered land dealings while they are travelling or incapacitated.
Parties in Malaysia should prepare a Power of Attorney — Property (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.
What to Include in Your Power of Attorney — Property (Malaysia)
A complete Power of Attorney for property in Malaysia must contain the following essential elements.
Donor details: Full legal name, NRIC or passport number, and address of the donor (person granting the POA). For corporate donors, the SSM company registration number and the authorised signatories.
Attorney details: Full legal name, NRIC or passport number, and address of the attorney (person authorised to act). The attorney must have legal capacity to act — typically an individual over 18 years of age or a registered legal entity.
Property description: A precise description of the property in respect of which the POA is granted, including the title reference (Geran, Pajakan, or Hakmilik Strata), lot or parcel number, address, state, and any other identifiers. If the POA is a general authority over all the donor's properties, this should be stated explicitly.
Powers granted: A clear and thorough list of the specific acts the attorney is authorised to perform, including: to sell and transfer the property; to charge the property as security for a loan; to execute a Memorandum of Transfer (Form 14A) or Deed of Assignment; to sign tenancy agreements; to collect rent and manage the property; to lodge or withdraw caveats; to receive redemption sums; and to execute any other documents necessary to give effect to the foregoing.
Revocability: Whether the POA is revocable (can be cancelled by the donor at any time on written notice) or irrevocable (as in the case of a DAPA bank POA where revocability is excluded to protect the bank's security). An irrevocable POA may be challenged if it is not accompanied by a legitimate interest of the attorney.
Execution formalities: The donor's signature must be witnessed by a Solicitor (advocate and solicitor of the High Court of Malaya), Commissioner for Oaths, or Magistrate in Malaysia, as required by the Powers of Attorney Act 1949 (Act 424), or by a Notary Public and authenticated for overseas donors.
Additional compliance elements for a Power of Attorney — Property (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.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Power of Attorney — Property (Malaysia) (Malaysia) [Legal document template]. Forms Legal. https://forms-legal.com/malaysia/real-estate/property/power-of-attorney-property-malaysia
"Power of Attorney — Property (Malaysia) (Malaysia)." Forms Legal, 2026, https://forms-legal.com/malaysia/real-estate/property/power-of-attorney-property-malaysia.
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title = {Power of Attorney — Property (Malaysia) (Malaysia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/malaysia/real-estate/property/power-of-attorney-property-malaysia}},
note = {Free legal document template. Based on Powers of Attorney Act 1949 (Act 424)}
}Frequently Asked Questions
A Power of Attorney for property dealings in Malaysia that will be used to execute registered instruments at the Pejabat Tanah dan Galian (PTG) — such as a Memorandum of Transfer (Form 14A), Memorandum of Charge (Form 16A), or other registered dealing — must comply with the requirements of Section 311 of the National Land Code 1965 (NLC 1965) and the relevant PTG's requirements for depositing a copy of the POA. The PTG typically requires a certified copy of the POA to be deposited before any registered dealing can be executed by the attorney on behalf of the donor. There is no separate registration requirement for general property management POAs that do not involve registered land dealings. POAs executed overseas must be notarised and apostilled (or attested by the Malaysian Embassy/High Commission) before they are accepted by Malaysian authorities.
A Power of Attorney for property in Malaysia can be expressed as irrevocable for a specified period or for so long as a specified obligation (such as a financing facility) remains outstanding, provided there is a legitimate interest of the attorney that the irrevocability is intended to protect. Under the Powers of Attorney Act 1949 (Act 424), a donor may declare a POA irrevocable as a matter of contract with the attorney, and the donor will not be able to unilaterally revoke it during the irrevocability period without being in breach of the underlying agreement. The most common irrevocable POA in Malaysian property practice is the power of attorney granted by a borrower to a bank as part of the Deed of Assignment with Power of Attorney (DAPA) structure — the irrevocability protects the bank's security interest for the duration of the financing. An irrevocable POA does not prevent the donor from challenging it in court on grounds of fraud, undue influence, or incapacity.
A Power of Attorney executed outside Malaysia for use in Malaysian property transactions must be properly authenticated before it will be accepted by Malaysian authorities, including the Pejabat Tanah dan Galian (PTG), the Inland Revenue Board (LHDN), and Malaysian courts. For countries that are signatories to the Hague Apostille Convention — including the United Kingdom, Australia, Singapore, and most EU countries — the POA must be notarised by a licensed Notary Public in the country of execution and then apostilled by the competent authority of that country (e.g., the Foreign, Commonwealth and Development Office for UK-executed documents). For non-signatory countries, the POA must be notarised by a Notary Public and then attested by the Malaysian High Commission, Embassy, or Consulate in the country of execution. Once properly authenticated, the POA should be presented to a Commissioner for Oaths or Solicitor in Malaysia for certification before lodgement at the PTG.
A Power of Attorney — Property (Malaysia) does not legally require a lawyer in Malaysia, and individuals and businesses may draft and execute the document independently. The Powers of Attorney Act 1949 (Act 424) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Malaysia lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Malaysia has jurisdiction over disputes arising from this type of document, and Companies Commission of Malaysia (SSM) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Power of Attorney — Property (Malaysia) does not legally require a lawyer in Malaysia, though legal advice is recommended. Under Malaysian law, the Contracts Act 1950 (Act 136) governs agreements. The Companies Commission of Malaysia (SSM) regulates corporate documents under the Companies Act 2016 (Act 777). The Employment Act 1955 and Industrial Court handle employment disputes. The Personal Data Protection Act 2010 (Act 709) imposes data protection obligations. Forms-legal.com provides this template as a starting point — always review with a qualified Malaysian lawyer for significant transactions. Under Malaysia law, Powers of Attorney Act 1949 (Act 424), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. 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). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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