Affidavit Of Undertaking To Submit Documents Template for Malaysia

When you need to make a formal promise to submit documents but cannot provide them immediately, an Affidavit of Undertaking to Submit Documents offers a legally binding solution under Malaysian law. This sworn statement allows you to proceed with business processes, court applications, or regulatory requirements while committing to provide the necessary documentation within a specified timeframe.

When do you need this document?

You'll typically require this affidavit when applying for business licenses where supporting documents are being processed, during court proceedings where evidence is temporarily unavailable, or when registering companies with the Companies Commission of Malaysia (SSM) while awaiting certified copies. Corporate restructuring often necessitates this document when original certificates are held by banks or other institutions. Immigration applications may also require such undertakings when obtaining certified translations or apostilled documents from overseas. Additionally, you might need this affidavit for regulatory compliance submissions to authorities like Bank Negara Malaysia or the Securities Commission when documents are under preparation or verification.

Key legal considerations

Your undertaking creates a legally enforceable obligation that can result in serious consequences if breached. The affidavit must clearly specify each document to be submitted, including exact names, types, and any reference numbers. You must provide realistic timelines for submission, considering processing times and potential delays. The document should outline consequences of non-compliance and any alternative arrangements if submission becomes impossible. Include contact details for follow-up and specify the receiving authority's requirements. Be precise about document conditions - whether originals, certified copies, or authenticated translations are required. Consider including provisions for deadline extensions due to circumstances beyond your control, and ensure all parties understand their rights and obligations under the undertaking.

Legal requirements in Malaysia

Under the Oaths and Affirmations Act 1949, your affidavit must be sworn before a Commissioner for Oaths, who will verify your identity and witness your signature. The document must include your full name, NRIC or passport number, occupation, and complete address. Following the Rules of Court 2012, the affidavit must contain numbered paragraphs with clear, factual statements avoiding opinions or hearsay. The Commissioner for Oaths will attach a jurat certifying the proper execution and stamp the document with their official seal. For corporate matters, ensure the deponent has proper authority to bind the company and include board resolutions if required. The Evidence Act 1950 governs how your affidavit will be treated in legal proceedings, requiring truthful statements as false declarations constitute perjury. Some receiving authorities may require specific formatting or additional certifications, so verify requirements beforehand.