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Laws on Statutory Declaration  print
Sections 16(3A) and 123(4) of the Companies Act, 1965 provides as follows:

16(3A) – "Every promoter of a proposed company who is a natural person shall before the incorporation of the company make and lodge with the Registrar and the Official Receiver a statutory declaration in the form prescribed by regulations (Form 48A) that he will not be acting in contravention of sections 125 and 130."

123(4) – "Every person shall before he is appointed a director of a company make and lodge with the Registrar and the Official Receiver a statutory declaration in the form prescribed by regulations that he will not be acting in contravention of sections 125 and 130 and that he consents to act as a director of the company."

Regulation 17(2) of the Companies Regulations, 1966 provides that:

"Where an affidavit or a statutory declaration prescribed by the Act or these Regulations purports to be sworn or declared at a place outside Malaysia, the affidavit or statutory declaration shall be sufficient for the purposes of the Act and these Regulations if it purports to be sworn or declared in accordance with the requirements of the law of that place."

The Law relating to Statutory Declaration in Malaysia is the Statutory Declaration Act 1960. If the Statutory Declaration in made in another country, the words "Statutory Declaration Act 1960" appearing in the Form 48A, or any other documents where a statutory declaration is required under the Companies Act, 1965, must be replaced with the law relating to statutory declaration or oaths prevailing in that country.

The Institute had, in year 2001 compiled a list of laws relating to statutory declaration of various countries. This list has since been updated.

Members are encouraged to update the Institute on the laws relating to statutory declarations of the countries not already listed, or update the Institute if the laws stated in the list have been amended, by sending an e-mail to technical@maicsa.org.my

Click here to obtain the list of laws relating to statutory declaration of various countries.