Power of Attorney in Malaysia

Updated on Monday 03rd September 2018

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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: can be used when the company directors/administrators need to conclude a contract with a client and they are unable to do so in person.
-    handling the company incorporation procedures in Malaysia: can be successfully used by entrepreneurs who wish to open a company in Malaysia but cannot be present in the country during the entire company formation procedure.
-    real estate planning or financial planning: for those individuals who need someone else to take financial decisions on their behalf; can also be set to enter into force if the principal no longer has the mental clarity to handle financial matters.
-    healthcare issues: when the individual needs to have another person look after decision involving his or her health when he/she will no longer have the mental capacity to do so.

The power of attorney can be general or specific and the grantors can even conclude several such specific documents if needed. It can be revoked when the situation deems this necessary and the legal provisions within the document will also include a clarification for the situation in which the agent does not act as instructed.

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 is 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.

A power of attorney can be a useful legal document that allows individuals to delegate some important business activities or entrust another person to handle their affairs when they are no longer capable. Working with an attorney is recommended both for the initial draw up of the document and for any needed due diligence procedures.

Investors or individuals who want to create a power of attorney can seek legal counseling 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.