Affidavit Of Disclosure Template for Malaysia

An Affidavit of Disclosure is a sworn statement that requires you to formally reveal specific information under oath in Malaysia. This legal document serves as evidence in court proceedings and regulatory matters, ensuring that all relevant facts are disclosed truthfully and completely. When you sign an Affidavit of Disclosure, you are legally bound by its contents and can face serious consequences for any false statements.

When do you need this document?

You will need an Affidavit of Disclosure in various legal and business situations. During litigation, courts may order parties to disclose documents, assets, or other relevant information through this affidavit. Corporate transactions often require disclosure of financial information, conflicts of interest, or material facts to stakeholders or regulatory bodies. If you are involved in insolvency proceedings, you may need to disclose your assets and liabilities. Regulatory bodies such as the Securities Commission or Companies Commission of Malaysia may also require disclosure affidavits for compliance purposes. Additionally, family law proceedings, such as divorce cases, frequently require financial disclosure through sworn affidavits.

Key legal considerations

When preparing your Affidavit of Disclosure, accuracy and completeness are paramount. You must include all requested information truthfully, as any omissions or false statements constitute perjury under Malaysian law. The affidavit should clearly state the purpose of the disclosure and identify all parties involved. Include supporting documents as exhibits and reference them properly within the affidavit text. Consider the legal privilege implications of your disclosure, as certain information may be protected by attorney-client privilege or other legal protections. Be aware that disclosed information may be used in legal proceedings and could affect your rights or obligations. Always review the specific requirements of the requesting party or court order to ensure your affidavit addresses all necessary points.

Legal requirements in Malaysia

Your Affidavit of Disclosure must comply with the Statutory Declarations Act 1960 and be sworn before a Commissioner for Oaths authorized under the Commissioners for Oaths Act 1959. The document must include your full name, NRIC number, occupation, and address. You must swear or affirm that the contents are true and complete to the best of your knowledge and belief. The affidavit must be properly formatted according to the Rules of Court 2012 if filed in court proceedings. Include the date and place where the affidavit is sworn, and ensure the Commissioner for Oaths signs and seals the document. Under the Evidence Act 1950, your affidavit must meet specific admissibility requirements to be accepted as evidence. Remember that making false statements carries criminal penalties under Section 199 of the Penal Code, which can result in imprisonment and fines.