POWER OF ATTORNEY
POAs are commonly used to manage financial affairs, sign documents, handle property transactions, apply for loans, and represent the principal in legal or administrative matters when they cannot act in person.
WHAT IS POWER OF ATTORNEY?
A Power of Attorney is an instrument or a document that provides for the appointment of the Donee (a recipient of a power) as attorney of the Donor (a giver of a power) to give certain powers to the Donee for a specific aim. The scope of powers given by the Donor to the Donee can be general or specific, with either revocable or irrevocable,depending on the needs and circumstances of the parties.
The appointment of the Donee must be stated clearly in the Power of Attorney document.
WHO CAN REGISTER A POWER OF ATTORNEY DOCUMENT?
Either the Donor or the Donee may register his/her Power of Attorney documents or by any lawyer presenting such documents at the Power of Attorney Registration Office, High Court of Malaya, Kuala Lumpur or at any Registration Office of the High Court of Malaya in West Malaysia.
HOW TO REGISTER A POWER OF ATTORNEY DOCUMENT?
Two (2) sets of the Power of Attorney documents must be prepared:
- One (1) original copy of the Power of Attorney document (for own safekeeping); and
- A duplicate of the original copy of the Power of Attorney document (to be filed and deposited in the court).
The signature of the Donor must be witnessed by the following persons:
If Within West Malaysia:
- a Magistrate;
- a Justice of the Peace;
- a Land Administrator;
- a Notary Public;
- a Commissioner for Oaths;
- an Advocate and Solicitor; or
- an officer of a company incorporated under any written laws carrying on the business of banking in West Malaysia
Authentication by the persons above must be in the form prescribed in the Powers of Attorney Act 1949. The forms are:
- FORM I – Authentication Form for Individual Donor
- FORM II – Authentication Form for Company or Corporation Donor.
If Outside West Malaysia:
- a Notary Public;
- a Commissioner for Oaths;
- a Judge;
- a Magistrate;
- a British Consul or Vice Consul;
- a representative of Her Britannic Majesty;
- any Consular Officer of Malaysia;
- in the case of an instrument executed in the Kingdom of Saudi Arabia, the Malaysian Pilgrimage Commissioner
- in the case of an instrument executed in the Republic of Singapore, an advocate and solicitor of the Supreme Court of the Republic; or
- in the case of an instrument executed in the Republic of Singapore, an officer of a company carrying on the business of banking in Singapore, and administered by any written law of the Republic.
There is no specific format to be followed as in the Powers of Attorney Act 1949, but there must be some form of authentication by the persons above to be enclosed in the Power of Attorney document.
HOW TO REGISTER A REVOCATION OF POWER OF ATTORNEY DOCUMENT?
The following documents must be prepared:
- One (1) original copy of a Revocation of Power of Attorney document (for personal safekeeping); and
- One (1) duplicate copy of a Revocation of Power of Attorney document (to be filed and deposited in the court); and
- The original copy of the Power of Attorney duly registered and endorsed by the High Court of Malaya.
A Power of Attorney document that has been registered into the High Court, shall continue to be in force until:
- a notice of revocation by the Donor is filed in and received by the Donee; or
- a notice of renunciation by the Donee is filed in and received by the Donee; or
- either the donor or the donee has died; or
- the donee has become of unsound mind; or
- the donor has been adjudged to be of unsound mind; or
- a receiving order has been made against the donor in bankruptcy.
WHAT SHOULD THE LANGUAGE BE USED?
A Power of Attorney document must either be in Bahasa Malaysia or English for the purposes of registration.Translation must be done if the Power of Attorney document is in a language other than Bahasa Malaysia or English.
The translation must be:
- certified by an interpreter attached to the court; or
- translated by a qualified person accompanied with a Statutory Declaration as to the accuracy of the translation by such person.
TAKE NOTE:
- Power of Attorney document must be duly stamped at the Stamp Duty Office before it can be registered at the High Court.
- The Power of Attorney Act 1949 is not applicable in Sabah and Sarawak.