1. Who is a Notary Public in Malaysia?

A Notary Public is a person appointed by the Attorney General of Malaysia pursuant to the Notaries Public Act, 1959. Usually, a Notary Public is an advocate and solicitor who has been practicing for no less than 15 years.

  1. What is the duty/function of a Notary Public?

Based on the Notaries Public Act, a Notary Public’s powers and functions are similar to notaries public in England where the primary functions are to authenticate and attest documents which are to be used overseas (outside Malaysia) since Notaries Public are internationally recognized. Briefly, a Notary Public may:-

  • witness the execution of any agreement and letter;
  • certify true copy any documents including passports, identity documents, birth certificate, marriage certificate, academic transcript, bank statement, proof of address vide utility bills etc;
  • authenticate and attest documents including the issuance of Notarial Certificate or Form of Authentication;
  • administer any oath or affirmation of any affidavit or statutory declaration for the purpose of being used in any court or place outside of Malaysia. However, an important exception to what a Notary Public can do is to administer any oaths and affirmations for use in any court within
  1. What is the difference between a Notary Public and Commissioner for Oath in Malaysia?

The powers of Notary Public and Commissioner for Oaths i.e what each of them can do are derived from different statutes of Malaysia. A notary public derives his powers from the Notaries Public Act, 1959 whilst a Commissioner for Oaths is empowered under the Commissioners for Oaths Rules 2018 under the Courts of Judicature Act, 1964.

Simplistically speaking, a Notary Public can notarise and attest documents for overseas use (outside Malaysia) and has broader powers such as the power to witness the execution of agreements and certifying true copy of any original documents. An interesting exception to documents being used for overseas is that a Notary Public can witness the execution of the prescribed forms under the National Land Code, 1965 of Malaysia which are documents used within Malaysia.

On the other hand, a Commissioner for Oaths is expressly prohibited from witnessing and certifying true copy any documents. A Commissioner for Oaths may affirm documents which are to be used in Malaysia only. Examples of the types of document which a Commissioner for Oaths may affirm are affidavits used in Malaysian courts, statutory declarations under the Statutory Declaration Act, 1960, Form A under Sub regulations 3(1) of the Small Estates (Distribution) Act, 1955, Power of Attorney under the Power of Attorney Act, 1949 and Proof of Debt (Form 55 under Rules 78-81 of the Companies (Winding-up) Rules 1972).

  1. Can an advocate and solicitor witness a person’s execution and certify true copy any original documents?

Yes, an advocate and solicitor is legally able to witness a person’s execution and certify true copy any original documents. However, whether such witnessing and certify true copy is acceptable will be determined by the authorities that you are submitting to. In most cases, the Ministry of Foreign Affairs, Malaysia and embassies would require a Notary Public to do so instead of an advocate and solicitor.

  1. Can a Notary Public backdate the affirmation / authentication of any documents?

No. A Notary Public is not permitted to backdate the affirmation of any documents. A Notary Public must insert the current date and it must be the same date as when the person signed the documents in front of the Notary Public.

  1. Can a Notary Public affirm any pre-signed documents without the person being present?

No. The person must be personally present and sign the documents in front of the Notary Public.

  1. Can a Notary Public go to the hospital or my office/house to affirm, certify and or authenticate any document?

All affirmation, certification and or authentication are to be carried out at our official office address. Any venue other than our official office address is subject to approval on a case to case basis and additional travelling or service fee may be imposed or charged accordingly.

  1. Do I need to be present at your office for the documents to be notarised?

You will be required to attend in person when the documents to be notarised bear your signature as the Notary Public needs to witness the signing of the document by the signatory. However, you may send someone else if you only require a certified true copy of an original document. For certify true copy of documents, all original documents must be presented to the Notary Public for verification. Regardless, whether you attend personally or send another person on your behalf, the person will be required to provide their identity card / passport for our records.

  1. Can the documents be notarised electronically?

No, it is not possible for us to notarise a document digitally. In Malaysia, all documents must be in physical form (i.e. paper) in order to be notarised. We will affix a red seal stamp, our address and notary stamp unto the documents. However, you can thereafter digitally pdf and scan the notarized document.

  1. Can a Notary Public certify true copy online digital bank statements or utility bills?

Yes, we can certify true copy of the same provided that you access to your bank statements and bills electronically vide your mobile phone or our computer in order for us to verify that the printed copy matches the original digital copy.

  1. Can a Notary Public issue an Apostille Certificate?

No, we cannot. This is because Malaysia is not a signatory to the Apostille Convention or the Apostille Treaty. Therefore, a Notary Public in Malaysia cannot issue any Apostille Certificate.

  1. Can a Notary Public advice on the requirements of the Ministry of Foreign Affairs, Malaysia, embassies, foreign universities and relevant authorities?

No, we cannot. We strongly advise you to enquire what are the requirements with the Ministry of Foreign Affairs, Malaysia, embassies, foreign universities and relevant authorities.

  1. I have already signed a document that needs to be witnessed. Can my document still be notarised?

Your document can still be notarised but you will need to sign it again in front of Notary Public. In order to avoid confusion, you may reprint the document so that it will be signed and witnessed at the same time.

 

  1. Do my documents need to be in English or it can be in any other language?

The languages on your documents are required to be written will vary from country to country. In the event that a Notary Public is required to verify that you have understood the contents of a particular document, it will be necessary for that document to be officially translated into English which is through a court interpreter.

 

  1. If two (2) or more persons are signing one (1) declaration/document, must they sign at the same time?

Generally, all the persons signing the declaration/document must be present before the Notary Public and sign the declaration/document at the same time. However, if there is separation of space for the witness to be stamped, then the signors can sign on different dates. Therefore, the witness column will contain different dates depending on when the person signs in front of the Notary Public.

  1. Can I print my documents from my email or pendrive at your office?

Yes, you can print your documents at our office. The printing charges is Ringgit Malaysia One (RM1.00) per page for black and white and Ringgit Malaysia Five (RM5.00) per page for colour.

  1. What are the fees/charges of a Notary Public?

 

No. Fees Particulars
(a)

(b)

RM75

RM75

Notarisation of a document

Notarisation as a Witness of your execution

(c) RM75 Notarisation as a Certify True Copy
(d) RM200 Certificate of Authentication
(e) RM150 Notarial Certificate for 2 pages (RM50 each page from 3rd page onwards)

Our notarial fees are fixed.

  1. What do I need to bring along when I see a Notary Public?

Apart from the documents which you require the Notary Public to notarise and the originals to be sighted for certify true copy, please bring your original identity document like your passport or identity card.

  1. Do I have to make an appointment?

It is best that you make an appointment to see our Notary Public or Commissioner for Oaths. This is because our Notary Public and Commissioner for Oaths is also an advocate and solicitor. Therefore, he may be out for court appearances and meetings. You can call +60362053620 / +60328560252 or you can email us at askdonny@dwc.com.my / kathy@dwc.com.my

  1. How long does it normally take for my document to be affirmed by the Notary Public?

Depending on the type and nature of the documents, it would usually take about ten (10) minutes.