Section 215
⎯(1)
Every instrument executed for the purpose of transferring, charging or affecting any estate or interest under this
Code, shall be signed by the parties thereto and shall be attested in accordance with the following provisions⎯
(a)
if executed within Sarawak, it shall be attested by a
Superintendent, a Registrar or any person generally or specially authorized by the Director;
(b)
if executed in any part of Malaysia other than Sarawak, it shall be attested by a Notary Public, a Registrar appointed under the National Land Code or a Magistrate;
[Sub. Ord. No. 18/71.]
(c)
if executed in the United Kingdom or any part of the
Commonwealth outside Malaysia, it shall be attested by a Notary
Public, a Commissioner of Oaths, a Magistrate or by a
Commonwealth Representative;
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(d)
if executed in any other country, it shall be attested by a Commonwealth Representative, exercising his functions in that country, and be sealed with his seal of office, if any, or by an attesting witness who has appeared before any such
Commonwealth Representative and made a declaration endorsed on the instrument as to its due execution, or in such other manner as may be prescribed.
(2)
In this section “Commonwealth Representative” means an
Ambassador, High Commissioner, Minister, Chargé d’Affairs,
Consular Officer or Trade Commissioner, and includes any person lawfully acting for any such officer, and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner,
Minister or Chargé d’Affairs.
(3)
Any general authorization under paragraph (a) of subsection (1) shall be published in the Gazette and any special authorization shall be given under the hand of the Director or Deputy
Director.