Affidavit Of Good Conduct Template for Malaysia
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What is a Affidavit Of Good Conduct?
An Affidavit of Good Conduct is a crucial legal document in the Malaysian legal system that serves as a formal declaration of an individual's character and conduct. This sworn statement is typically required when an individual needs to officially verify their moral standing and absence of criminal history for various purposes such as employment, immigration, professional licensing, or regulatory compliance. The document must be executed before a Commissioner for Oaths in Malaysia and comply with local legal requirements, including the Statutory Declarations Act 1960. Making false declarations in an Affidavit of Good Conduct is a serious offense under Malaysian law, potentially resulting in criminal charges. The document may be required alongside other supporting documentation such as police clearance certificates or character references.
About the Affidavit Of Good Conduct
An Affidavit of Good Conduct is a sworn legal statement that formally declares your character, moral standing, and criminal history status. In Malaysia, this document serves as official verification of your good conduct and is commonly required for employment, immigration, licensing, and various regulatory purposes. You must execute this document before a Commissioner for Oaths to ensure legal validity.
When do you need this document?
You will need an Affidavit of Good Conduct when applying for employment in sensitive sectors such as banking, education, or government positions. Immigration authorities frequently require this document when processing visa applications, permanent residency applications, or citizenship matters. Professional licensing bodies, including legal, medical, and financial regulatory authorities, often mandate character declarations as part of their registration processes. Educational institutions may request this document for admission to certain programs, particularly those involving public trust or professional qualifications.
Key legal considerations
Your affidavit must include specific declarations about your character, criminal history, and moral standing. The document should clearly state the purpose for which it is being prepared and include comprehensive personal identification details. You must declare any criminal convictions, pending charges, or investigations, as incomplete disclosure can invalidate the document. The affidavit requires supporting evidence such as police clearance certificates or character references where applicable. Remember that making false statements in this document constitutes perjury under Malaysian law and can result in criminal prosecution, fines, and imprisonment.
Legal requirements in Malaysia
Under the Statutory Declarations Act 1960, your Affidavit of Good Conduct must be made before a Commissioner for Oaths, who will verify your identity and witness your oath. The document must follow the prescribed format and include your full legal name, identification number (MyKad or passport), current address, and occupation. You must provide valid identification when executing the document, and the Commissioner will require proof of your identity before proceeding. The Registration of Criminals and Undesirable Persons Act 1969 governs background verification processes, while the Evidence Act 1950 determines the admissibility of your affidavit in legal proceedings. Ensure all information is accurate and complete, as the Penal Code imposes severe penalties for false declarations in sworn documents.
GOVERNING LAW
Applicable law
This Affidavit Of Good Conduct is drafted to comply with Malaysia law. Key legislation includes:
Powers of Attorney Act 1949: Contains provisions regarding the authentication of documents and the powers of commissioners for oaths who may authenticate affidavits.
Registration of Criminals and Undesirable Persons Act 1969: Relevant for references to criminal records and background checks that form the basis of claims in the affidavit of good conduct.
Evidence Act 1950: Provides the legal framework for admissibility of evidence, including sworn statements and affidavits in legal proceedings.
Penal Code (Act 574): Important for understanding the implications of false declarations in affidavits, as making false statements under oath is a criminal offense.
Courts of Judicature Act 1964: Contains provisions about the administration of oaths and taking of affidavits in Malaysian courts.
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