Affidavit Of Undertaking for Malaysia

Affidavit Of Undertaking Template for Malaysia

An Affidavit of Undertaking under Malaysian law is a formal, sworn document in which a person or entity makes specific commitments or promises under oath. This legal instrument, executed before a Commissioner for Oaths, carries significant weight in Malaysian courts and business transactions. It combines the solemnity of an affidavit with binding commitments, making it particularly useful in various commercial and legal contexts where formal, verified promises are required.

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What is a Affidavit Of Undertaking?

The Affidavit of Undertaking is a crucial legal document in Malaysian jurisdiction, commonly used when formal, sworn commitments are required in business or legal proceedings. This document type combines the characteristics of a sworn affidavit with specific promises or undertakings, making it particularly valuable in situations requiring verifiable commitments. It must be executed in compliance with Malaysian statutory requirements, including proper attestation by a Commissioner for Oaths. The document is frequently used in corporate transactions, court proceedings, regulatory compliance, and various business arrangements where parties need to provide formal assurances or commitments.

What sections should be included in a Affidavit Of Undertaking?

1. Title and Header: Formal title 'Affidavit of Undertaking' with court details if applicable, and case number if related to legal proceedings

2. Deponent Information: Full name, NRIC/Passport number, occupation, and address of the person making the affidavit

3. Preliminary Statement: Standard opening statement declaring the deponent's identity and basis for making the affidavit

4. Background Facts: Relevant facts and circumstances leading to the need for the undertaking

5. Statement of Undertaking: Clear and specific statements of the promises or commitments being made, numbered in paragraphs

6. Declaration of Truth: Standard declaration that the contents are true and made under oath

7. Execution Block: Space for signature, date, and attestation by Commissioner for Oaths

What sections are optional to include in a Affidavit Of Undertaking?

1. Capacity Statement: Required when deponent is acting on behalf of a company or in a specific legal capacity

2. Reference Documents: Section referring to specific documents relevant to the undertaking, needed when undertaking relates to specific contracts or documents

3. Time Period: Section specifying duration of undertaking, needed when commitment is time-bound

4. Conditions Precedent: Include when undertaking is subject to specific conditions being met

5. Legal Advice Statement: Statement confirming receipt of legal advice, recommended for complex undertakings

What schedules should be included in a Affidavit Of Undertaking?

1. Supporting Documents: Copies of relevant documents referenced in the affidavit

2. Authorization Documents: Board resolutions or power of attorney if deponent is acting on behalf of others

3. List of Commitments: Detailed list of specific undertakings when multiple complex commitments are involved

4. Timeline Schedule: Detailed timeline of commitments when undertaking involves multiple time-bound obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Banking and Finance

Real Estate

Construction

Manufacturing

Corporate Services

Government and Public Sector

Education

Healthcare

Import/Export

Telecommunications

Energy and Utilities

Relevant Teams

Legal

Compliance

Corporate Secretarial

Executive Leadership

Risk Management

Finance

Operations

Human Resources

Administrative

Business Development

Project Management

Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Chief Executive Officer

Managing Director

Contract Manager

Risk Manager

Chief Financial Officer

Company Director

General Manager

Project Manager

Human Resources Director

Operations Manager

Legal Administrator

Business Development Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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