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Declaration Of Authorization for Malaysia

Declaration Of Authorization Template for Malaysia

A Declaration of Authorization is a formal legal document under Malaysian law that enables one party (the Principal) to authorize another party (the Attorney/Agent) to act on their behalf for specified purposes. This document, governed by Malaysian legislation including the Powers of Attorney Act 1949 and the Contracts Act 1950, clearly outlines the scope of authority granted, the duration of the authorization, and the specific powers conferred. It requires proper execution before witnesses and may need to be stamped in accordance with the Stamp Act 1949 to ensure legal validity in Malaysia.

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What is a Declaration Of Authorization?

The Declaration of Authorization serves as a crucial legal instrument in Malaysian business and personal affairs, providing a formal mechanism for delegating authority from one party to another. This document type is commonly used when an individual or organization needs to authorize another party to act on their behalf for specific purposes, such as conducting business transactions, managing properties, or handling administrative matters. The declaration must comply with Malaysian legal requirements, including proper execution, witnessing, and potentially stamping under the Stamp Act 1949. A Declaration of Authorization is particularly valuable in situations where the principal cannot be physically present or wishes to delegate specific powers while maintaining control over the scope and duration of the authorization.

What sections should be included in a Declaration Of Authorization?

1. Title and Date: Clear identification of the document as a Declaration of Authorization and the effective date

2. Declaration Statement: Opening statement declaring that this is a formal authorization, including the full legal names and identification details of the Principal

3. Attorney/Agent Details: Full legal name, identification details, and address of the person being authorized to act

4. Scope of Authority: Detailed description of the powers being granted and specific actions the Attorney/Agent is authorized to undertake

5. Duration: The period for which the authorization is valid, including start date and end date if applicable

6. Principal's Declaration: Formal statement by the Principal confirming they are of sound mind and acting freely without coercion

7. Execution: Signature section for the Principal, including space for witness signatures and details

What sections are optional to include in a Declaration Of Authorization?

1. Revocation Clause: Optional section specifying conditions under which the authorization can be revoked and the process for revocation

2. Governing Law: While implied under Malaysian law, this section can be added to explicitly state the governing law

3. Substitute Authorization: Section allowing the Attorney/Agent to delegate powers to another person, if such delegation is intended to be permitted

4. Indemnification: Protection clause for the Attorney/Agent when acting within the scope of authorization

5. Emergency Provisions: Special powers that only come into effect in specific circumstances or emergencies

What schedules should be included in a Declaration Of Authorization?

1. Schedule A - Specific Powers: Detailed list of specific powers and authorities granted to the Attorney/Agent

2. Schedule B - Relevant Properties/Assets: List of specific properties, accounts, or assets covered by the authorization, if applicable

3. Appendix 1 - Identity Documents: Copies of identification documents of both Principal and Attorney/Agent

4. Appendix 2 - Supporting Documents: Any additional documents referenced in the main declaration or relevant to the authorization

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Ƶ

Sector

Banking

Cost

Free to use

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