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 an 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.
| Quick Facts | |
|---|---|
| In what cases can a power of attorney be used in Malaysia? |
For: – buying a house/car, – opening a bank account, – representing someone in front of the authorities, – for the distribution of assets written in a will, – for varied financial operations, etc. |
|
Registration of a power of attorney in Malaysia |
With the Power of Attorney Registration Office at the High Court of Malaysia (Kuala Lumpur) |
|
Legislation |
Powers of Attorney Act 1949 |
| Types of POA | General or specific |
| Granting the authority |
To act on behalf of a person in various administration-related matters |
| Content of a power of attorney |
– names of the donor and grantor (principal and attorney), – purpose/scope of POA, – validity |
| Signatures |
In front of a witness, a notary public or magistrate, as the case may be |
| Main objective |
Acting in the best interests of the donor and exercising specific powers granted through a POA in Malaysia |
| Can a lawyer represent a client with a POA in Malaysia? |
Yes, our Malaysian lawyers can represent their clients with a power of attorney in various situations. |
| POA for opening a company in Malaysia (YES/NO) | YES |
| Language of POA in Malaysia |
Malay or English |
| Registration of POA |
With the High Court of Malaysia (in Kuala Lumpur) |
| Can a family member act with a POA in Malaysia? |
Yes. However, we recommend the services of our Malaysian lawyers when drafting the power of attorney. |
| Revoking the power of attorney in Malaysia |
If agreed by the donor and the grantor in a written notice of renunciation. |
| Choosing our law firm in Malaysia |
We can represent clients with a power of attorney in various legal situations. Contact us and discover how we can help you with a POA in Malaysia. |
Table of Contents
Types of power of attorney in Malaysia
Here are some types of POA in Malaysia:
- a general POA in Malaysia can be used for many types of administrative tasks. This document is often the most requested and used;
- an irrevocable POA is used for specific administrative tasks and ceases when the purpose has been completed;
- a restricted/limited POA can only be used for one thing. For example, this document is required if it is used for the sale/purchase of a car, property, etc. The same type of power of attorney can be used if you want to manage a person’s finances or make medical decisions.
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 make 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 a decision involving his or her health, when he/she will no longer have the mental capacity to do so.
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. We remind you that you can benefit from the legal services of our immigration lawyers in Malaysia. You can also explore this infographic:
Buying a house in Malaysia with POA
People who want to make areal estate purchase in Malaysia can opt for the legal services offered by our local specialists. They can take care of the entire process and represent the client with a power of attorney. In this situation, our Malaysian lawyer will ensure that the property documents are correct and that there is no litigation involving the real estate property. The same specialist can also be present at the signing of the new property deed with a power of attorney and sign in the name of the client they represent. Once the documents are signed, they must be registered with the local municipality for the change of ownership, which can also be done with the help of this document: the power of attorney.
Who can represent you with a POA in medical decisions?
Both a family member and one of our lawyers can represent an individual with a power of attorney in various medical decisions. The document can contain detailed information about the person who is to be represented with a power of attorney in Malaysia in different medical decisions.
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 agent (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 a 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. You can also work with our immigration lawyers in Malaysia on this topic and more.
How to cancel a POA in Malaysia
If you want to cancel a power of attorney in Malaysia, here’s what you need to know:
- cancelling through a written notice;
- if the beneficiary or grantor dies or he/she is declared insane, the document can be terminated;
- if the grantor is declared bankrupt, the POA can be cancelled.
Canceling a POA in Malaysia is done with the original document at the issuing authority. You can find out more about this and the formalities to be followed if you contact our Malaysian lawyers.
POA costs in Malaysia
Here are some prices for a POA in Malaysia:
- a power of attorney in Malaysia can cost around RM 800 – RM 3,000, depending on the type of document;
- there is a nominal fee of around RM 10 imposed per copy, which is paid at the Stamp Duty Office;
- if you want to revoke a POA in Malaysia, you will have to pay around RM 10.
Looking for citizenship in Malaysia? Do not hesitate to contact our lawyers to find out all the legal aspects of this endeavor. We can represent individuals in obtaining this status, alongside other matters related to immigration to Malaysia. You can contact our law firm in Malaysia if you are in need of legal services, including the creation of a power of attorney.