What is the statutory Act in Malaysia? How it is prepared? What is the purpose of making the statutory declarations Act 1960/1969 Malaysia? There remain so many queries and questions revolving around this particular topic. Here in this piece of content, we will try to explain the statutory declarations Act 1960/1969 Malaysia in the simplest way possible
The simplest form of an explanation of statutory declarations Malaysia is that it is the law relating to Statutory Act 1960 (revised at 1969). To make the statutory declaration there are several documents and legal paperwork needed. The aim is to declare or make written oath voluntarily in accordance to the regional law of this nation.
Typically, notary Public took the responsibility to make the statutory declaration for any individual. However, a Commissioner for Oaths also seems to take the responsibility too. The notary usually prepares this declaration form in two different languages; which is in English and in the Malay language. An individual who requested to prepare this declaration form need to fill up the form according to his/her own credentials to complete the declaration.
During the time of declaration according to the Act, the candidate has to pay a fee to the Commissioner for oath. The commissioner in return will receive the declaration. It must be noted that any false declaration in the statutory shall be punishable under the Penal Code of Malaysia.
By now you must have understood the meaning of statutory declaration and also how it is prepared. However, the confusion still lies on the main purpose of making such declarations in Malaysia. Typically, the statutory declaration is prepared for various corporate financial statements in Malaysia.
Once prepared by the notary under demand, the declaration has to be signed by at least one of the directors of the company. If the declaration needs to be signed outside Malaysia by the company director, the statutory declaration has to be rewritten and replaced by the Notary Public of the country the director is residing. The declaration has to be made under the statutory Act of that particular foreign nation.
Detail about Statutory declaration Malaysia
Let’s have a look on the details of statutory declaration in Malaysia:
- Statutory Declarations Act is published by the Commissioner of law revision, Malaysia.
- This was introduced by the governance of Commissioner of law revision under the ACT 1968.
- The Act was associated with the Malaysian Law Journal SDN BHD and Percetakan Nasional Malaysia BHD.
- This was prepared for publication by Malaysian Journal Sdn Bhd.
- The printing was done by Percetakan Nasional Malaysia BHD Kuala Lumpur branch in 2006.
- The statutory declaration was first enacted in 1960 (Act No. 20 of 1960).
- The declaration was later on revised on 1969(Act No. 13 w.e.f. 14 April 1972).
The purpose of Statutory Declarations Act 1960/ 1969 Malaysia
The purpose of statutory declarations Act 1960(revised 1969) Malaysia has been pointed out in a simplified form below:
- The statutory declarations is purposed to obtain written confirmation of execution of any deed, in the case during company registration, the financial statements.
- The declaration turns out to be written instruments or proof of any debt which otherwise would have no means of verification later on.
- The document kept as a backup by penal sanctions for use during any unwanted scenario in a company.
- Another purpose of statutory declarations is to confirm facts before the authority which would otherwise be too impossible to prove.
The Statutory declaration in Malaysia follows ACT 13 under the Statutory Act 1960 (Revised 1969). However, not all countries follow the same statutory rule. Once the declaration needs to be signed outside of Malaysia, the copy of the declaration needs to be replaced and re-edited according to the statutory declaration law of that specific country. Below is the list of countries with their respected statutory laws that demand replacements once declaration needs to be signed outside one of these nations:
| Name of the country | Current statutory law |
| Austria | Notariatsordnung |
| Australia | Statutory Declarations Act 1959 |
| Bahamas | Notaries Public Act (Chapter 45 of Statute Law of Bahamas) |
| Belize | Oaths Act (Chapter 130) (Chapter 45 of Statute Law of Bahamas) |
| Bahrain | Legislative Decree No. 19 of the Year 2001 with respect to Promulgating the Civil Code |
| Brunei | Oaths & Affirmations Act (Cap. 3) |
| Canada | Canada Evidence Act (Chap C-5) |
| Columbia | Decree 960 of 1970 |
| Demark | The Executive order for the Notary Public (Notarialbekendtgørelsen) Law nr 515 of 6/6-2007 and nr 1555 (18/12-2007) Document AA004050 under Department of Justice of Denmark |
| France | Article 1317 of the Civil Procedures Code, ordonnance de 2 November 1945 |
| Ghana | Statutory Declaration Act No. 389 of 1971 |
| Hong Kong | Oaths and Declarations Ordinance (Cap 11) |
| Indonesia | Private Limited Regulation Act 1995 |
| India | Notaries Act 1952 |
| Ireland | Statutory Declarations Act 1938 |
| Italy | The Notarial Law (Law No. 89 of 16 February 1913) |
| Japan | Notary Law 1908 |
| Malaysia | Statutory Declarations Act 1960 |
| Netherlands | Eedswet 1971 |
| New Zealand | Oaths and Declarations Act 1957 |
| Norway | 17 Norway LOV-002-04-26-12 Law on Notary Public (lov om Notarius Publicus) |
| Pakistan | Oath Act 1873 |
| Singapore | Oaths and Declarations Act (Cap 211) |
| South Korea | Notary Public Act 1962 |
| Spanish | Law of the Profession of Notary (Law of 28 of May of 1862) |
| Taiwan | Notarization Law |
| Thailand | Thai Notarial Services Attorneys (no notary public) |
| United Kingdom | Statutory Declarations Act 1835 |
| USA: | |
| Alabama | The Code of Alabama 1975 |
| Florida | Chapter 117, Florida Statutes |
| State of California | California Government Code |
| Washington | Revised Code of Washington, RCW 42.44 |
| West Virginia | Uniform Notary Act (Chapter 29C) |
FAQ on statutory declaration Malaysia
What are the statutory bodies of Malaysia?
There are many statutory authority bodies. Some of these bodies are:
- Malaysian Industrial Development Authority (MIDA)
- Securities Commission of Malaysia
- Malaysian Communications and Multimedia Commission (MCMC)
- Bank Negara Malaysia.
- Companies Commission of Malaysia (CCM).
Etc.
How the statutory declaration Malaysia can be explained?
It is the law relating to the Statutory Act 1960 (revised at 1969) Malaysia. The goal of making such a declaration is to declare or make written oath voluntarily in English or Malay language according to the implied law of this nation. This is done in a place where it involves financial statements and commitments of an individual.
Who is authorized to receive the statutory declaration in Malaysia?
According to the Act a Sessions Court judge, commissioner for oaths, notary public, or magistrate can receive the statutory declaration in Malaysia in either Malay or English language from any person voluntarily sign the declaration.
What is the meaning of the statutory declaration in Malaysia?
A statutory declaration is a legal document set under the statutory Act 1960 (Revised 1969) in Malaysia. It is typically used to allow an individual to declare something in a form of written consent as a piece of evidence in order to meet some legal regulation. This is done for the relevant future scenario where no other evidence is available other than this one.
From where can I get a statutory declaration in Malaysia?
The statutory declaration is prepared by the Notary Public or Commissioner for Oaths of Malaysia. They voluntarily make the declaration form in English or Malay language. You can collect your statutory declaration form from them. However, the receiver needs to pay a fee to the officer or Commissioner who takes this declaration.