Affidavit Of Forgery Template for Malaysia

An Affidavit of Forgery is a sworn legal statement you make under oath to formally declare that a document, signature, or instrument has been forged or fraudulently created. Under Malaysian law, this document serves as critical evidence in fraud investigations and legal proceedings, providing courts and authorities with your sworn testimony about the fraudulent activity you've discovered.

When do you need this document?

You'll need an Affidavit of Forgery when you discover that someone has forged your signature on cheques, contracts, or other legal documents. Financial institutions commonly require this affidavit when you report fraudulent transactions or forged banking instruments. Property transactions also frequently involve forgery disputes, particularly when signatures on sale agreements or transfer documents are questioned. Insurance companies may request this document when investigating fraudulent claims involving forged supporting documentation. Additionally, employers and business partners often need this affidavit when discovering forged employment contracts, partnership agreements, or corporate resolutions.

Key legal considerations

Your affidavit must include specific details about the forged document, including its nature, date of discovery, and how you determined it was forged. You must provide a clear comparison between your genuine signature and the forged version, explaining the differences you've identified. The document should detail any witnesses who can support your claim and any expert analysis you've obtained. You're legally required to declare the truth of all statements under penalty of perjury, making false declarations a serious criminal offence. Include information about any financial losses or damages resulting from the forgery, as this supports potential civil claims. The affidavit must identify the suspected forger if known, or state that the identity remains unknown if applicable.

Legal requirements in Malaysia

Under the Evidence Act 1950, your affidavit must be sworn before a Commissioner for Oaths to be admissible in Malaysian courts. The document must comply with the Rules of Court 2012 regarding format, language, and content requirements. Malaysian law requires the affidavit to be prepared in Bahasa Malaysia with certified English translations if needed, following the National Language Act 1963/67. You must provide your full name, NRIC number, occupation, and current address as the deponent. The Penal Code Act 574 defines forgery under Sections 463-477A, and your affidavit should reference these provisions where applicable. Supporting documents, including copies of the forged instrument and genuine comparison samples, must be properly exhibited and referenced. The Commissioner for Oaths must verify your identity and witness your oath before stamping and signing the completed affidavit.