An Affidavit of Settlement is a crucial legal instrument in Malaysian jurisprudence, typically used when parties have reached an agreement to resolve their disputes and need to formally document the terms. This document type combines the formality of a sworn statement with the substantive elements of a settlement agreement, requiring execution before a Commissioner for Oaths under Malaysian law. The affidavit must comply with specific legal requirements outlined in the Evidence Act 1950, Statutory Declarations Act 1960, and the Rules of Court 2012. It serves multiple purposes: documenting the settlement terms, providing evidence of the agreement, and creating an enforceable record that can be used in court proceedings. The document is particularly valuable in situations where parties need to ensure their settlement is formally recognized and enforceable within the Malaysian legal system.
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1. Title and Case Reference: Formal title of the affidavit including court details and case number if applicable
2. Deponent's Identification: Full name, NRIC number, occupation and address of the person making the affidavit
3. Capacity Statement: Statement of the deponent's authority or capacity to make the affidavit
4. Background: Brief description of the dispute or matter that led to the settlement
5. Settlement Terms: Detailed description of all agreed settlement terms between the parties
6. Payment Terms: Specific details about any monetary settlement, including amounts, payment schedule, and method
7. Release Clause: Statement releasing parties from future claims related to the settled matter
8. Truth Declaration: Formal declaration that the contents are true and accurate
9. Signature Block: Space for deponent's signature and date
10. Attestation: Commissioner for Oaths' certification and signature block
1. Confidentiality Clause: Include when the settlement terms are to remain confidential
2. Non-Admission of Liability: Include when parties wish to settle without admitting liability
3. Tax Implications: Include when settlement involves significant monetary compensation with tax implications
4. Third Party Rights: Include when settlement affects rights of parties not directly involved in the agreement
5. Governing Law: Include when there are cross-border elements to the settlement
6. Language Declaration: Include when the deponent's primary language is not the language of the affidavit
1. Schedule A - Settlement Payment Details: Detailed breakdown of settlement amounts and payment schedule
2. Schedule B - Released Claims: Comprehensive list of claims being settled and released
3. Appendix 1 - Supporting Documents: Copies of relevant documents referenced in the affidavit
4. Appendix 2 - Correspondence: Copies of relevant correspondence leading to settlement
5. Appendix 3 - Court Orders: Copies of any relevant court orders or judgments
6. Appendix 4 - Settlement Agreement: Copy of the executed settlement agreement if separate from the affidavit
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