Malaysia legislation

Section 3

of *POWERS OF ATTORNEY ACT 1949

Section 3

(a)

if executed within *Peninsular Malaysia, the instrument is executed before, and is authenticated in the appropriate form set out in the First Schedule hereto by─

(i)

a Magistrate;

(ii)

a Justice of the Peace;

(iii)

a Land Administrator;

(iv)

a Notary Public;

(v)

a Commissioner for Oaths;

(vi)

an advocate and solicitor; or

(vii)

an officer, acting in the course of his employment, of a company carrying on the business of banking in

*Peninsular Malaysia and incorporated by or under any written law in force in *Peninsular Malaysia; or

(b)

if executed outside *Peninsular Malaysia, the execution of such instrument is authenticated, in such form as may be accepted by the Registrar, by─

(i)

a Notary Public;

(ii)

a Commissioner for Oaths;

*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”

–see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).

Powers of Attorney 7

(iii)

any Judge;

(iv)

a Magistrate;

(v)

a British Consul or Vice-Consul;

(vi)

a representative of Her Britanic Majesty;

(vii)

on and after Merdeka Day, any Consular Officer of

Malaysia;

(viii)

in the case of an instrument executed in the

Kingdom of Saudi Arabia, the Malaysian Pilgrimage

Commissioner; or

(ix)

in the case of an instrument executed in the Republic of Singapore, an advocate and solicitor of the

Supreme Court of the Republic; or an officer, acting in the course of his employment, of a company carrying on the business of banking in the Republic and incorporated by or under any written law of the

Republic.

(2)

Notwithstanding anything to the contrary contained in any written law in force at the commencement of this Act, an instrument purporting to create a power of attorney duly executed and authenticated in accordance with this section shall be deemed to be properly and validly executed and attested for all or any of the purposes for which a power of attorney may be used under any such written law.

Deposit of power of attorney