Power of Attorney in Malaysia

Updated on Friday 07th October 2016

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The power of attorney is a special document that grants one individual the authority to act on behalf of another person. The grantor (also referred to as the donor or principal) allows an agent to act in his name in private or business matters. Foreign investors who need and attorney-in-fact to handle their business affairs while they are not in the country can conclude a power of attorney in Malaysia.

One of our lawyers in Malaysia can help you conclude this document and decide on the permissions the agent will have to act on your behalf, according to the specific business or private affairs you need to be handled. 

Using a power of attorney in Malaysia

The power of attorney can be used for multiple purposes. The grantor can choose the range and scope of powers he grants to the appointed agent. This document can be used for:
-    concluding contracts in Malaysia on another’s behalf;
-    handling the company incorporation procedures in Malaysia;
-    real estate planning or financial planning;
-    healthcare issues.

The power of attorney can be general or specific and the grantors can even conclude several such specific documents if needed.

If you are unsure of how to draft a power of attorney according to its intended purpose you can contact one of our lawyers in Malaysia for assistance and advice.

Power of attorney registration in Malaysia

A power of attorney must be registered with a registration Office of the High Court in the area where the document in created (either the High Court of Malaya, Kuala Lumpur or another registration office of the High Court of Malaya, West Malaysia). 

The following are necessary for registering a power of attorney in Malaysia:
-    one original power of attorney;
-    one copy of the power of attorney;
-    identification documents for the donor and done (if requested).

The grantor must sign the power of attorney in the presence of a witness. This document is usually signed before a notary public but it can also be concluded before a magistrate, a land administrator, an advocate or commissioner for oaths.

Investors or individuals who want to create a power of attorney can seek legal counselling for better understanding the rights that they may transfer under such a document. You can contact our law firm in Malaysia if you are in need of legal services, including the creation of a power of attorney.



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