FAQ - Registration of Power Of Attorney
- What Is A Power Of Attorney
- Who Can Register A Power Of Attorney Document?
- How To Register a Power Of Attorney Document?
- Two (2) sets of the Power of Attorney documents must be prepare
- One (1) original copy of the Power of Attorney document (for own safekeeping);
- A duplicate of the original copy of the Power of Attorney document (to be filed and deposited in the court).
- The signature of the Donor must be witnessed by the following persons:
- within West Malaysia:
- a Magistrate
- a Justice of the Peace
- a Land Administrator;
- a Notary Public;
- a Commissioner for Oaths;
- an Advocate and Solicitor; or
- an officer of a company incorporated under any written laws carrying on the business of banking in West Malaysia
Authentication by the persons above must be in the form prescribed in the Powers of Attorney Act 1949. The forms are:
- FORM I - Authentication Form for Individual Donor
- FORM II - Authentication Form for Company or Corporation Donor.
- outside West Malaysia:
- a Notary Public;
- a Commissioner for Oaths;
- a Judge;
- a Magistrate;
- a British Consul or Vice Consul;
- a representative of Her Britanic Majesty;
- any Consular Officer of Malaysia;
- in the case of an instrument executed in the Kingdom of Saudi Arabia, the Malaysian Pilgrimage Commissioner
- in the case of an instrument executed in the Republic of Singapore, an advocate and solicitor of the Supreme Court of the Republic; or
- in the case of an instrument executed in the Republic of Singapore, an officer of a company carrying on the business of banking in Singapore, and administered by any written law of the Republic.
There is no specific format to be followed as in the Powers of Attorney Act 1949, but there must be some form of authentication by the persons above to be enclosed in the Power of Attorney document.
- How To Register A Revocation Of A Power Of Attorney Document?
- The following documents must be prepared:
- One (1) original copy of a Revocation of Power of Attorney document (for personal safekeeping); and
- One (1) duplicate copy of a Revocation of Power of Attorney document (to be filed and deposited in the court);and,
- The original copy of the Power of Attorney duly registered and endorsed by the High Court of Malaya.
- A Power of Attorney document that has been registered into the High Court, shall continue to be in force until:
- a notice of revocation by the Donor is filed in and received by the Donee; or
- a notice of renunciation by the Donee is filed in and received by the Donee; or
- either the donor or the donee has died; or
- the donee has become of unsound mind; or
- the donor has been adjudged to be of unsound mind; or
- a receiving order has been made against the donor in bankruptcy.
- What Should Be The Language Used?
- A Power of Attorney document must either be in Bahasa Malaysia or English for the purposes of registration.
- Translation must be done if the Power of Attorney document is in a language other than Bahasa Malaysia or English. The translation must be:
- certified by an interpreter attached to the court; or
- translated by a qualified person accompanied with a Statutory Declaration as to the accuracy of the translation by such person.
- What Are The Fees For The Registration And Revocation Of Powers Of Attorney Document?
A Power of Attorney is an instrument or a document that provides for the appointment of the Donee (a recipient of a power) as attorney of the Donor (a giver of a power) to give certain powers to the Donee for a specific aim.
The scope of powers given by the Donor to the Donee can be general or specific, with either revocable or irrevocable,depending on the needs and circumstances of the parties. The appointment of the Donee must be stated
clearly in the Power of Attorney document.
Either the Donor or the Donee may register his/her Power of Attorney documents or by any lawyer presenting such documents at the Power of Attorney Registration Office, High Court of Malaya, Kuala Lumpur or at any
Registration Office of the High Court of Malaya in West Malaysia.
The fees for the registration and revocation of the Power of Attorney document are as follows:
Fee per printed sheet RM2
prior to execution page
Fee per printed sheet RM2
prior to execution page
Preparing For Trial at Lower Court
- What is a trial?
- A trial is a fact finding process before a magistrate or a judge where a decision is made in your case.
- What is a civil claim?
- A civil claim is a legal dispute between two or more parties.
- Examples of civil cliams:
- Can I represent myself?
- A civil claim should be filed at the relevant court registry. A certain amount of fees must be paid.
- What do I do next?
- Once the claim has been filed, you have to serve it to the other party within the specified time.
- Damages for personal injuries
- Motor vehicle accidents
- Breach of contracts
- Property disputes
- Landlord and tenant disputes
- Parties must file a bundle of documents and a bundle of pleadings which include among others statement of claim, statement of defence, counter claim (if any) and reply.
- Parties must exchange between them bundle of documents1 at least 14 days before the trial.
- What happens during a trial?
- Plaintiff - a person bringing the action in the court.
- Defendant - the person being sued.
- Plaintiff has the burden of proving his/her case.
- The Plaintiff calls his witness to give evidence during the examination in chief2. This witness will be cross examined by the Defendant and later may be re-examined4 by the
- The Defendant also calls his witness and has the burden of raising and proving any defences he may have to the claim.
- Once both parties have completed their cases, they will be asked to give their submissions5.
At the conclusion of the trial, a decison is pronounced in open court.
What is a decision?
A decision is a judgement or order which is pronounced immediately at the conclusion of the trial or on some other day. Prior notice to attend will be given to the parties if it is delivered on some other day.
What happens if a party does not obey the court's decision?
An execution order may be applied to the court by the aggrieved party.
What do I do if I am not satisfied with the decision?
You have the right to appeal. For appeals to the High Court, you must file the Notice of Appeal within 14 days from the date of pronouncement of the decision at the registry of the court which delivered
- All documents to be referred during trial such as police report, medical report, pictures are compiled in a bundle.
- The examination of a witness by the party who calls him/her.
- The examination of a witness by the adverse party.
- Where a witness has been cross-examined and is then examined by the party who called him/her.
- The conclusion of all evidence and argument in a hearing or trial
- Be present in the courtroom before 9.00am or at any time fixed by the court.
- Rise and bow when the Judge/Magistrate enters and leaves the courtroom.
- Come forward when your name is called upon by the interpreter.
- Give your full attention during the proceedings.
- Be silent during the proceedings.
- Bow every time you enter and leave the courtroom during the proceedings.
- No children are allowed in the courtroom unless instructed to do so by the court.
- No weapons are allowed.
- No recordings either audio or visual are allowed.
- Mobile phones, pagers and other electronic devices are to be switched off.
8.30 am or upon court order.
Dress decently and appropriately. You are not allowed to wear:
- Short pants / mini skirts
- Sun Glasses
- Informal jackets such as leather, denim and others
- Bright colours clothing full with jewelry
- Self Identification
- Government Officers
- Company Owner
- Company Representative
- Property Owner
- Medical Certificate
If you are a Malaysian citizen, you are required to bring your National Identity Card (MyKad) / birth certificate. If you are a foreign citizen you are required to bring your International passport or relateddocuments.
Bring your authority cards and/or relevant documents.
Present Company's Registration Certificate and relevant documents.
Present the authorization letter.
Please provide grants and related documents
If you are unable to attend court for any reasons, please inform the court promptly in writing. If you are sick, please forward your medical certificate to the court.
ROLE AND RESPONSIBILITIES OF WITNESSES IN COURT
A witness is someone who testifies in a cause, or give evidence under oath in a court of law. A person who has been served with a subpoena, must appear and testify in court. Failure to appear will cause a warrant of arrest to be issued. The purpose of a witness presence is to present evidence orally or in documented forms with regard to a fact so that the Court can make it decisions.
WHAT YOU SHOULD DO BEFORE GOING THE COURT
Make sure the date / time and place of the hearing (Please refer to the subpoena).
If you are required to produce any documents please have them ready and bring along on the day of the trial.Plan your trip so that you could reach the court before 9.00 am.
Dress decently and appropriately.
RESPONSIBILITIES OF WITNESSES WHEN TESTIFYING AND GIVING EVIDENCE IN COURT
Use simple language in court. Inform the court if the assistance of an interpreter is required.
Take oath in witnesses stand/box with a loud and clear as while lifted your right hand at shoulder. Produce your identity card / authority card / passport through the interpreter for Court reference and record.
Listen carefully to the questions by Prosecutor / Attorney and answer only what is asked. If there is any question that is not clearly understood, seek clarification.
Make sure that the answers / information given is honest and true. The witness is under oath to speak the truth.Bring the documents that will be produced to the court together to the witness stand/box. Get the consent of theCourt if you wish to refer to the document.
If the witness is unable to complete his evidence, the court will give another hearing date to enable the witness to complete his/her evidence.