In Malaysia, the powers of notaries public are governed by the Notaries Public Act 1959. Section 4 of the Act says:
1. A Malaysian notary public has the same powers and functions as a notary public in England;
2. A notary public may administer oaths and affirmations for affidavits and statutory declarations:
* for proving the due execution of any document;
* for matters pertaining to a sea vessel;
* for the purpose of being used in any place or court outside Malaysia.
A Malaysian notary public's powers do not extend to administering or affirming any affidavit or statutory declaration which is executed for the purpose of being used in any court or place in Malaysia, or to take or attest any such affidavit or statutory declaration. (Instead, the services of a Commissioner for Oaths should be sought.)
Who May Take Oaths Before A Notary Public
Section 6(1) of the Oaths and Affirmations Act 1949 provides that oaths shall be taken by:
- Witnesses, i.e. all persons who may be lawfully examined, or give or be required to give evidence, by or before any court or person having authority to examine such person or to receive evidence;
- Interpreters of questions put to and of evidence given by witnesses;
- Translators; and
- Jurors.
Section 7 of the Oaths and Affirmations Act 1949 provides that any person required to take an oath under any other written law shall be deemed to have complied if s/he makes an affirmation.
Fees Chargeable by Notary Public
A notary public may charge fees as provided by the Notaries Public (Fees) (No. 1) Rules 1981 (published as PU(A) 198/81). The Rules were made by the Rules Committee and came into force on 1st August 1981. The Rules repealed the Notary Public (Fees) Rules 1954.
