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What is an Affidavit?

An Affidavit is a written statement made under oath, where you formally declare that everything you're saying is true. In Malaysian courts and legal proceedings, it serves as powerful evidence because you're making these statements while promising to tell the truth, just as you would when testifying in person.

Malaysian law requires Affidavits to be signed in front of specific authorized people, like Commissioners for Oaths or magistrates. They're commonly used in court cases, property dealings, and immigration matters. Making false statements in an Affidavit is a serious offense - you could face penalties for perjury under Malaysian law.

When should you use an Affidavit?

You need an Affidavit when making formal declarations in Malaysian legal proceedings. Common situations include filing court documents, proving ownership of lost documents, confirming your identity for immigration purposes, or declaring facts in property transactions. Banks often require Affidavits for dealing with deceased person's accounts or claiming unclaimed money.

Affidavits are essential in family law matters like divorce proceedings, child custody arrangements, and adoption applications. Malaysian businesses use them for company registrations, trademark disputes, and debt recovery. Having your statements sworn before a Commissioner for Oaths adds legal weight to your claims and helps prevent fraudulent declarations.

What are the different types of Affidavit?

Who should typically use an Affidavit?

  • Individual Declarants: Anyone making sworn statements about personal matters like marital status, property ownership, or identity verification
  • Legal Professionals: Lawyers and Commissioners for Oaths who draft, verify, and witness Affidavits for their clients
  • Court Officials: Magistrates and judges who rely on Affidavits as evidence in legal proceedings
  • Business Owners: Companies using Affidavits for corporate matters, debt collection, or trademark disputes
  • Government Agencies: Immigration officers, land office officials, and other authorities who require Affidavits for official procedures

How do you write an Affidavit?

  • Gather Facts: Collect all relevant dates, names, addresses, and specific details about the matter you're declaring
  • Document Support: Organize supporting documents like identification, property titles, or relevant correspondence
  • Draft Clearly: Write statements in simple, direct language - our platform helps generate legally sound content automatically
  • Format Check: Ensure paragraphs are numbered and facts are presented in chronological order
  • Legal Verification: Visit a Commissioner for Oaths with your ID to sign and swear the Affidavit
  • Final Review: Double-check all facts and attachments before submission - errors can invalidate the entire document

What should be included in an Affidavit?

  • Title and Venue: Clear heading stating "Affidavit" and the court or authority where it will be filed
  • Deponent Details: Full name, NRIC number, occupation, and address of the person making the declaration
  • Numbered Paragraphs: Each statement of fact in separate, sequentially numbered paragraphs
  • Jurat Statement: Standard declaration confirming the truth of statements, with place and date of oath
  • Verification Clause: Statement that facts are true to the best of deponent's knowledge
  • Commissioner's Details: Name, signature, and seal of the Commissioner for Oaths
  • Exhibits: Referenced documents marked alphabetically and properly authenticated

What's the difference between an Affidavit and an Affidavit and Indemnity Agreement?

An Affidavit differs significantly from an Affidavit and Indemnity Agreement in Malaysian legal practice. While both involve sworn statements, they serve distinct purposes and carry different legal implications.

  • Legal Purpose: An Affidavit is purely a sworn statement of facts, while an Affidavit and Indemnity Agreement combines sworn statements with a promise to protect against potential losses
  • Scope of Protection: Standard Affidavits only verify facts, but adding indemnity clauses creates additional legal obligations to compensate for damages
  • Usage Context: Affidavits are common in court proceedings and administrative matters, while Affidavit and Indemnity Agreements are typically used in business transactions or situations with financial risks
  • Legal Consequences: Breaking an Affidavit leads to perjury charges, while violating an Affidavit and Indemnity Agreement can result in both perjury and financial liability

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Affidavit Of Indemnity

A Malaysian legal document combining a sworn statement with an indemnity commitment, executed before a Commissioner for Oaths to protect against potential losses or claims.

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Affidavit Of Illegitimacy

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Affidavit Of Financial Support For Student Visa

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Affidavit Of Financial Support For International Students

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Affidavit Of Character

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Affidavit Of Cancellation

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Affidavit Of Birth

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Affidavit Of Being Single

A legally binding sworn statement under Malaysian law declaring an individual's unmarried status, executed before a Commissioner for Oaths.

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Affidavit Of Acceptance

A formal sworn declaration under Malaysian law documenting the acceptance of rights, obligations, or assets, executed before a Commissioner for Oaths.

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Affidavit Letter Of Support

A legally binding sworn declaration under Malaysian law where one party formally commits to providing support to another, executed before a Commissioner for Oaths.

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Affidavit Of Agreement

A legally binding sworn statement used in Malaysia to formally affirm the existence and terms of an agreement, executed before a Commissioner for Oaths.

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Affidavit For Sponsorship

A legally binding declaration under Malaysian law where a sponsor commits to providing support for another person, sworn before a Commissioner for Oaths.

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Affidavit For Relinquishment Of Property Rights

A Malaysian legal document sworn before a Commissioner for Oaths where an individual formally surrenders their rights and interests in a specified property.

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Affidavit Of Adjoining Lot Owners

A sworn legal document under Malaysian law confirming boundary agreements between adjoining property owners.

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Affidavit Of Acknowledgement Admission Of Paternity

A sworn legal document under Malaysian law where a man formally declares and acknowledges his paternity of a specific child before a Commissioner for Oaths.

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Affidavit Of Acknowledgement

A formal sworn statement under Malaysian law where a person acknowledges specific facts or circumstances as true, executed before a Commissioner for Oaths.

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Affidavit For Name Correction In Birth Certificate

A Malaysian legal document sworn before a Commissioner for Oaths to formally request and support the correction of a name error in a birth certificate.

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Affidavit For Financial Support From Parents

A Malaysian legal document where parents formally declare their commitment to financially support their dependent, typically for education or immigration purposes.

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Affidavit For Deceased Bank Account

A legal declaration under Malaysian law used to access and manage a deceased person's bank accounts, sworn by an authorized representative of the estate.

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Affidavit For Death Certificate

A sworn legal statement used in Malaysia to verify, obtain, or amend death registration details, executed before a Commissioner for Oaths.

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Affidavit For Date Of Birth Correction

A formal sworn statement under Malaysian law requesting the correction of a birth date in official records, including supporting evidence and justification for the change.

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Affidavit For Date Of Birth

A sworn statement under Malaysian law declaring and verifying an individual's date of birth, executed before a Commissioner for Oaths.

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Affidavit For Birth Certificate Correction

A sworn legal document used in Malaysia to formally request and substantiate corrections to birth certificate details through the National Registration Department (JPN).

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Address Affidavit

A legally sworn statement under Malaysian law that officially declares and verifies a person's residential address, executed before a Commissioner for Oaths.

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