Business Affidavit Template for Malaysia

A Business Affidavit is a sworn legal document that allows you to make formal declarations about business matters under Malaysian law. When you need to provide verified information to regulatory bodies, courts, or other official entities, this document serves as your legally binding statement of facts. The affidavit must be prepared according to strict legal requirements and sworn before an authorised Commissioner for Oaths to ensure its validity in Malaysian legal proceedings.

When do you need this document?

You will need a Business Affidavit for various corporate and regulatory purposes in Malaysia. Common situations include company incorporation processes where you must declare compliance with statutory requirements, regulatory submissions to bodies like the Companies Commission of Malaysia (SSM), tender applications requiring sworn statements about your business capabilities, and legal proceedings where factual evidence about your business operations is required. Banks and financial institutions may also request business affidavits for loan applications or account opening procedures, particularly when verifying business ownership, financial standing, or operational details.

Key legal considerations

Your Business Affidavit must include accurate deponent information, including your full name, NRIC or passport number, occupation, and business address. You must clearly state your capacity and authority to make declarations on behalf of the business entity. The document should contain only factual statements that you can personally verify, as making false declarations constitutes perjury under Malaysian law. Ensure all background facts and statements are relevant to the specific purpose of the affidavit, and avoid including opinions or hearsay evidence. The affidavit must be properly structured with appropriate legal language and formatted according to Malaysian court requirements to ensure admissibility as evidence.

Legal requirements in Malaysia

Under the Statutory Declarations Act 1960, your Business Affidavit must be sworn before a Commissioner for Oaths who is authorised under the Commissioner for Oaths Act 1993. The document requires proper stamping according to the Stamp Act 1949 to ensure legal validity in Malaysian courts. You must provide acceptable identification to the Commissioner for Oaths, and the swearing process must follow prescribed procedures including the administration of an oath or affirmation. The Evidence Act 1950 governs how your affidavit will be treated as evidence in legal proceedings, requiring compliance with specific formatting and content standards. For corporate matters, ensure compliance with the Companies Act 2016, particularly regarding the authority of persons making declarations on behalf of business entities.