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Corporate Compliance in Malaysia: Statutory Declaration

6 min read|Last Updated: September 1, 2022|
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While requesting the appointed Company Secretary to certify true copy (CTC) of some business-related documents, getting a statutory declaration is also one of the common practices amongst business owners who set up their business entities in Malaysia.

What is a Statutory Declaration?

As per the Statutory Declaration Act 1960, a statutory declaration is a formal statement made by an individual as a supporting required by the regulation and it will be signed in the presence of a solicitor, commissioner of oath or a notary public.

Such statements are generally used to satisfy legal requirements as well as regulations when no physical evidence is available at that point of time. Hence, the statutory declaration is required to be truthful and accurate.

Malaysia Corporate Secretary Ramu

When is a Statutory Declaration Used in Malaysia?

In Malaysia, a statutory declaration is used to finalise a Company financial statement before it is lodged to the Companies Commission of Malaysia (SSM). Other situations of when statutory declaration is used are:

  • Director of a Company changed his birth name by legally adopting their name and use it on personal documents such as passports and driving licenses. Such documents must have statutory declaration to support its validity.

  • Executors of a will

  • Declaration of nationality or marital status when the document is missing or unable to retrieve

  • Director of a Company to declare solvency when opting for voluntary liquidation

The Significance of a Statutory Declaration

As stated above, the law which governs the statutory declaration in Malaysia is the Statutory Declaration Act 1960. The Act requires those documents with Statutory Declaration to be sworn or declared its truth and accuracy, with no elements of misrepresentation.

Pursuant to Section 2 of Statutory Declaration Act 1960, those who may take and receive such declaration from a person voluntarily making such declaration is the Notary Public or Commissioner of Oath. The person will be charged of a fee for engaging such service.

Pursuant to Section 3 of Statutory Declaration Act 1960, those who make false declarations will be penalised if caught.

Statutory Declaration in Other Countries

For foreign directors who wish to sign off their Malaysian registered Company financial statement and is not in Malaysia on the signing date, they are required to have the statutory declaration section signed by the Notary Public in the country he is residing at that time.

CURRENT LIST  2001 LIST 
No.  Country Name  Laws  Laws 
1.  Austria  Notariatsordnung   
2.  Australia  Statutory Declarations Act 1959  Statutory Declarations Act 1959 
3.  Bahamas  Notaries Public Act (Chapter 45 of Statute Law of Bahamas)  The Notaries Public Act & Chapter 45 of Statute Law of Bahamas 1987 
4.  Bahrain  Legislative Decree No. 19 of the Year 2001 with respect to Promulgating the Civil Code   
5.  Belize  Oaths Act (Chapter 130) (Chapter 45 of Statute Law of Bahamas)   
6.  Brunei  Oaths & Affirmations Act (Cap. 3)   
7.  Canada  Canada Evidence Act (Chap C-5)  Evidence Act 
8.  Columbia  Decree 960 of 1970   
9.  Demark  The Executive order for the Notary Public (Notarialbekendtgørelsen )
Law   nr    515    of    6/6-2007   and    nr   1555
(18/12-2007)
Document AA004050 under Department of Justice of Denmark 
 
10.  France  Article 1317 of the Civil Procedures Code, ordonnance de 2 November 1945   
11.  Ghana  Statutory Declaration Act No. 389 of 1971   
12.  Hong Kong  Oaths and Declarations Ordinance (Cap 11)  Oaths and Declarations Ordinance Chapter 11 of Laws of Hong Kong 
13.  India  Notaries Act 1952  India Notary Act 1952 
14.  Indonesia  Private Limited Regulation Act 1995   
15.  Ireland  Statutory Declarations Act 1938   
16.  Italy  The Notarial Law (Law No. 89 of 16 February 1913)   
17.  Japan  Notary Law 1908  Law of Notary Public Japan 1908 
18.  Malaysia  Statutory Declarations Act 1960  Statutory Declarations Act 1960 
19.  Netherlands  Eedswet 1971  Eedswet 1971 
20.  New Zealand  Oaths and Declarations Act 1957  Oaths and Declarations Act 1957 
21.  Norway  17 Norway LOV-002-04-26-12 Law on Notary Public (lov om Notarius Publicus)   
22.  Pakistan  Oath Act 1873   
23.  Singapore  Oaths and Declarations Act (Cap 211)  Oaths and Declarations Act 2000 
24.  South Korea  Notary Public Act 1962   
25.  Spanish  Law of the Profession of Notary (Law of 28 of May of 1862)   
26.  Taiwan  Notarization Law   
27.  Thailand  Thai Notarial Services Attorneys (no notary public)   
28.  United Kingdom  Statutory Declarations Act 1835  Statutory Declarations Act 1835 
  USA: 
29.  Alabama  The Code of Alabama 1975   
30.   Florida  Chapter 117, Florida Statutes   
31.   State of California  California Government Code  Chapter 3, 8200 et seq 
32.   Washington  Revised Code of Washington, RCW 42.44   
33.   West Virginia  Uniform Notary Act (Chapter 29C)   

How to Word the Statutory Declaration?

Normally, the commissioner of oath or notary public will furnish a printed letter to the declarer to fill. However, there are cases where the declarer is required to write the declaration themselves in front of the commissioner of oath or notary public.

In such situation, the statutory declaration must contain the words below:

Statutory Declaration

I, (name)(NRIC/ID No.:) of (residential address) do solemnly and sincerely declare that …..

And I make this solemn declaration conscientiously believing the declaration to be true and by virtue of the Statutory Declaration Act, 1960.

Affirmed by: (Name)

At: (Place)

On: (Date and time)

Before me,

Commissioner of Oaths

Is it Possible to Make Statutory Declaration in Malaysia Amid the Covid-19 situation?

It is known that we are not living in the same situation as we did before the pandemic outbreak. Even though the strict standard operation (SOP) is to reduce the risk of spreading the virus, but it does not make things easier for those who urgently need to engage some legal advisory and services.

As stated, statutory declaration in Malaysia is required for the certification of certain Company / business related documents to be lodged with the Companies Commission of Malaysia (SSM). The fact that such occurrence will need both parties, the client and the appointed notary public or commissioner of oath to be physically present to conduct such act raise concern.

To mitigate such situation, one of the options available for the statutory declaration in Malaysia to be executed is by conducting a video conference call. However, as Covid-19 is slowly labelled as an endemic, the firms have started appointment basis for clients who wish to get their statutory declaration done.

Malaysia Corporate Secretary Ramu

There are a lot of corporate secretarial related information that business owners must understand before expanding their business in Malaysia. To ensure all are in order, Paul Hype Page offers services such as business incorporate in Malaysia, corporate secretarial, accounting services and taxation services.

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FAQs

What happens if I lie on Statutory Declaration form?2021-11-29T11:59:47+08:00

The declarant will be fine and punishable by up to five years in prison if found guilty to declare false information in a Statutory Declaration.  

Where can I get my Statutory Declaration done in Malaysia?2021-11-29T11:59:25+08:00

It can be done by an appointed notary public, commissioner of oath or magistrate.  

Who can witness the Statutory Declaration done in Malaysia?2021-11-29T11:59:12+08:00

According to Statutory Declaration Act 1960, only an authorised person by the law such as notary public, commissioner of oath or magistrate can be the witness of a statutory declaration done. 

What is Statutory Declaration in Malaysia?2021-11-29T11:57:41+08:00

The purpose of statutory declaration is to obtain confirmation of written instruments or allegations or proof of debt or the fact of execution of deed which was otherwise unavailable but backed by penal sanctions.  

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