Affidavit Of Insertion Template for Malaysia

An Affidavit of Insertion is a sworn statement that provides legal proof of publication in Malaysia. When you need to demonstrate that a notice, advertisement, or announcement appeared in print or digital media, this document serves as formal evidence that can be presented in court proceedings, regulatory submissions, or corporate compliance matters.

When do you need this document?

You will require an Affidavit of Insertion when Malaysian law mandates public notification through published media. This commonly occurs during company liquidation proceedings where creditor notices must be published, divorce cases requiring spouse notification through newspaper advertisements, and statutory company announcements such as changes in registered office or directors. Court-ordered publications, including bankruptcy notices and legal summons served through publication, also necessitate this affidavit. Additionally, regulatory bodies may require proof of publication for compliance with securities laws, banking regulations, or professional licensing requirements.

Key legal considerations

The affidavit must accurately describe the published material, including exact publication dates, page numbers, and content descriptions. Your deponent should have direct knowledge of the publication process, typically being an employee or representative of the publishing company. The document must clearly establish the circulation and distribution of the publication to demonstrate adequate public reach. Any discrepancies between the actual published content and the affidavit description can invalidate the document's legal effectiveness. Consider including supporting evidence such as original newspaper clippings or digital screenshots, though these should complement rather than replace the sworn affidavit.

Legal requirements in Malaysia

Under the Statutory Declarations Act 1960, your Affidavit of Insertion must be sworn before an authorized Commissioner for Oaths, Magistrate, or other qualified officer. The Rules of Court 2012 specify formatting requirements, including proper heading, venue identification, and deponent details. You must pay applicable stamp duty as prescribed under the Stamp Act 1949, typically ranging from RM4 to RM10 depending on the document's nature. The Evidence Act 1950 governs admissibility standards, requiring the affidavit to meet hearsay evidence exceptions. The Commissioners for Oaths Rules 2018 regulate the administration process, ensuring your document meets procedural requirements for legal acceptance in Malaysian courts and regulatory proceedings.