Same Name Affidavit Template for Malaysia

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What is a Same Name Affidavit?

A Same Name Affidavit is a crucial legal document in Malaysian jurisdiction that serves to officially declare and confirm that different variations of a person's name refer to the same individual. This document becomes necessary when an individual has documents bearing different versions of their name, whether due to marriage, religious conversion, spelling inconsistencies, or clerical errors. The affidavit must be sworn before a Commissioner for Oaths or Notary Public and typically includes personal details, all name variations, reasons for different name usage, and supporting documentation. It's commonly required for property transactions, banking procedures, immigration matters, or any situation where establishing the continuity of identity across different name variations is essential. The document must comply with Malaysian legal requirements, particularly the Statutory Declarations Act 1960 and related regulations.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Malaysia

Publisher

GenieAI

Category

Affidavit

Sector

Business

Cost

Free to use

Last updated

About the Same Name Affidavit

When you have documents bearing different variations of your name, a Same Name Affidavit provides the legal solution to confirm these variations all refer to you as the same person. Under Malaysian law, this sworn declaration eliminates confusion and establishes continuity of identity across your official documents, whether the variations arose from marriage, religious conversion, transliteration differences, or administrative errors.

When do you need this document?

You'll need a Same Name Affidavit when applying for property transfers where your identity card shows one name variation but your bank documents show another. Banks frequently require this document when opening accounts or processing loans if your supporting documents contain name inconsistencies. Immigration authorities may request this affidavit when your passport name differs from your educational certificates or employment records. The document is also essential for inheritance matters where deceased relatives' records list beneficiaries under different name spellings, and for business registration when your personal identification doesn't match your professional credentials.

Key legal considerations

Your affidavit must include comprehensive personal details including your full legal name as per your identity card, IC number, date of birth, citizenship status, current address, and occupation. The declaration section must explicitly list all name variations you've used and clearly state that these variations refer to the same person - you. You must provide detailed explanations for why different name variations exist, such as marriage name changes, religious conversion, cultural naming practices, or clerical errors in official documents. Supporting documentation strengthens your affidavit's validity, including identity cards, passports, marriage certificates, educational certificates, or employment records showing the different name variations. The document requires proper witnessing by authorized officials who can verify your identity and the truthfulness of your declaration.

Legal requirements in Malaysia

Under the Statutory Declarations Act 1960, your Same Name Affidavit must be sworn before a Commissioner for Oaths, who is legally authorized to witness such declarations in Malaysia. For international use, you may need a Notary Public to witness the document instead. The affidavit must follow the prescribed format under Malaysian law, including the proper title, jurat clause, and witness certification. The Evidence Act 1950 governs how your affidavit will be treated as evidence in legal proceedings, making accuracy and completeness crucial. If you're registering the affidavit for property matters, the Registration of Deeds Act 1783 may apply to the registration process. For court-related matters, the Rules of Court 2012 provide additional procedural requirements for document format and execution that your affidavit must satisfy.

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