Section 30

The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor.

The power of attorney shall not come into operation unless and until the donor is out of Malaysia and shall be revoked by his return or entry into Malaysia.

The power of attorney shall be verified by attestation in the manner required by the Powers of Attorney Act 1949 [Act 424], and a true copy or office copy thereof shall be deposited in a registry of the

High Court as required by such Act, with a statutory declaration by the donor that he intends to remain out of Malaysia for a period exceeding fourteen days from the date of the declaration, or from a date therein mentioned.

The statutory declaration aforesaid and a statutory declaration by the donee of the power of attorney that the power has come into operation and has not been revoked by the return or entry into

Malaysia of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee.

In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the donor were alive and of full capacity, and had himself done the act or executed the instrument, unless the person had actual notice that the power had never come into operation or of the revocation of the power before such act was done or instrument executed.

For the purpose of executing or exercising the trusts or powers delegated to him, the donee may exercise any of the powers conferred on the donor as trustee by law or by the instrument creating the trust, including power, for the purpose of the transfer of any

34 Laws of Malaysia ACT 208

inscribed stock, himself to delegate to an attorney power to transfer but not including the power of delegation conferred by this section.

The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any such power of attorney or otherwise, that in dealing with any stock the donee of the power is acting in the execution of a trust shall not be deemed for any purpose to affect any person in whose books the stock is inscribed or registered with any notice of the trust.

No power of attorney shall be operative for the purposes of this section for a longer period than three years after the date of execution.

Indemnities

Protection against liability in respect of rents and covenants