Legal Templates
Power Of Attorney Declaration

Power Of Attorney Declaration for Malaysia

Power Of Attorney Declaration Template for Malaysia

A Power of Attorney Declaration is a formal legal document governed by Malaysian law, particularly the Powers of Attorney Act 1949, which enables an individual or entity (the donor) to delegate specific legal powers to another person or entity (the attorney) to act on their behalf. This document can be used for either specific transactions or general purposes and must be properly executed before a Commissioner for Oaths in Malaysia. The document outlines the scope of authority granted, duration of powers, and any conditions or limitations placed on the attorney's actions, while complying with Malaysian legal requirements for validity and enforceability.

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What is a Power Of Attorney Declaration?

The Power of Attorney Declaration is a crucial legal instrument in Malaysian jurisprudence that enables the delegation of legal authority from one party to another. This document is essential when an individual or organization needs to authorize another party to act on their behalf, whether for specific transactions or general purposes. Under Malaysian law, particularly the Powers of Attorney Act 1949, the document must clearly specify the scope of powers granted, the duration of the authority, and any limitations or conditions. It's commonly used in situations where the donor may be unavailable, traveling abroad, or requires assistance in managing their affairs. The document requires proper execution before a Commissioner for Oaths and may need to be stamped under the Stamp Act 1949 to be legally valid. For certain purposes, such as land transactions, additional requirements under the National Land Code 1965 must be met.

What sections should be included in a Power Of Attorney Declaration?

1. Title and Date: Clearly states this is a Power of Attorney and the date of execution

2. Parties: Identifies the donor (person granting the power) and the attorney(s) with full names, IC numbers, and addresses

3. Background: Brief context explaining why the POA is being created

4. Definitions: Defines key terms used throughout the document

5. Appointment: Formal statement appointing the attorney and granting powers

6. Powers Granted: Detailed description of the specific powers being granted to the attorney

7. Duration: Specifies the duration for which the POA is valid

8. Governing Law: Confirms Malaysian law governs the POA

9. Execution: Formal execution clause including witnessing requirements

10. Attestation: Witness attestation section confirming proper execution

What sections are optional to include in a Power Of Attorney Declaration?

1. Multiple Attorneys Clause: Required when appointing more than one attorney, specifying whether they act jointly or severally

2. Continuing Powers Clause: Required if the POA is intended to continue during mental incapacity of the donor

3. Revocation Clause: Optional clause specifying conditions under which the POA may be revoked

4. Substitute Attorney Provision: Optional section appointing substitute attorneys in case primary attorney cannot act

5. Property Schedule Reference: Required when the POA deals with specific property or assets

6. Foreign Usage Clause: Required if the POA will be used outside Malaysia

What schedules should be included in a Power Of Attorney Declaration?

1. Schedule A - List of Powers: Detailed enumeration of specific powers granted to the attorney

2. Schedule B - Property Details: Details of any specific property or assets covered by the POA

3. Schedule C - Specimen Signatures: Specimen signatures of the donor and attorney(s)

4. Appendix 1 - Identity Documents: Copies of IC/passport of donor and attorney(s)

5. Appendix 2 - Medical Capacity Assessment: If relevant, medical report confirming donor's mental capacity at time of execution

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

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Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Compliance

Cost

Free to use
Relevant Industries

Legal Services

Banking and Finance

Real Estate

Healthcare

Insurance

Investment Management

Business Services

Construction

International Trade

Manufacturing

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretarial

Finance

Operations

International Business

Real Estate

Administration

Executive Management

Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Risk Manager

Property Manager

Estate Administrator

Business Development Manager

International Trade Manager

Finance Director

Operations Manager

CEO

Managing Director

Real Estate Agent

Investment Manager

Bank Manager

Industries
Powers of Attorney Act 1949: The primary legislation governing powers of attorney in Malaysia, setting out the basic requirements for creation, execution, and revocation of POAs
Contracts Act 1950: Establishes the fundamental principles of contract law in Malaysia, relevant as POAs are contractual in nature and must meet basic contractual requirements
Mental Health Act 2001: Relevant for determining and establishing the mental capacity of the donor at the time of creating the POA
Stamp Act 1949: Requires proper stamping of POA documents for them to be legally admissible in court and valid for official purposes
National Land Code 1965: Applicable if the POA involves land matters or real estate transactions, setting out specific requirements for POAs dealing with land
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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