*POWERS OF ATTORNEY ACT 1949

This Act may be cited as the Powers of Attorney Act 1949.

This Act shall apply to the States of *Peninsular Malaysia only.

Interpretation

In this Act, unless the context otherwise requires—

“Land Administrator” means a Land Administrator appointed under the National Land Code [Act 56 of 1965], or an equivalent officer, by whatever name called, in a State appointed under the law relating to land in force in that State;

“Registrar” and “Senior Assistant Registrar” mean respectively the

Registrar and a Senior Assistant Registrar or Assistant Registrar of the High Court.

*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”

–see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).

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Authentication of powers of attorney

if executed within *Peninsular Malaysia, the instrument is executed before, and is authenticated in the appropriate form set out in the First Schedule hereto by─

a Magistrate;

a Commissioner for Oaths;

if executed outside *Peninsular Malaysia, the execution of such instrument is authenticated, in such form as may be accepted by the Registrar, by─

a Notary Public;

a British Consul or Vice-Consul;

Notwithstanding anything to the contrary contained in any written law in force at the commencement of this Act, an instrument purporting to create a power of attorney duly executed and authenticated in accordance with this section shall be deemed to be properly and validly executed and attested for all or any of the purposes for which a power of attorney may be used under any such written law.

Deposit of power of attorney

Except as hereinafter provided no instrument purporting to create a power of attorney shall, after the commencement of this Act, have any validity to create such power within *Peninsular Malaysia until—

*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”

–see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).

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If the instrument whereof a true copy or an office copy is so deposited is in any language other than the national language or

English there shall also at the same time be deposited a translation into the national language or English thereof certified by an interpreter attached to the Court qualified to interpret in the language in which the instrument is written, or, if there be no such interpreter, a translation into the national language or English verified by a statutory declaration of some person qualified to translate from the language in which the instrument is written into the national language or English to the effect that such translation is to the best of his knowledge and belief a true translation.

Fees

There shall be payable in respect of the deposit of documents under this section such fees as may from time to time be prescribed.

Exception

Subsection (1) shall not apply to instruments executed and used for the sole purpose of carrying out transactions in the office of a Registrar of Titles or a Land Administrator or a Chief Inspector or

Senior Inspector of Mines, provided they are attested in accordance with any law for the time being in force regarding the attestation of such instruments.

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Revocation

If a power of attorney, given for valuable consideration, is in the instrument creating the power expressed to be irrevocable, then, in favour of a purchaser—

This section applies to powers of attorney created by instruments executed either before or after the commencement of this Act.

Powers of attorney expressed to be irrevocable for a fixed time

the power shall not be revoked, for and during that fixed time, either by anything done by the donor of the power without the concurrence of the donee of the power, or by the death, marriage, mental disorder, unsoundness of mind, or bankruptcy of the donor of the power; and

any act done within that fixed time, by the donee of the power, in pursuance of the power, shall be as valid as if anything done by the donor of the power without the concurrence of the donee of the power, or the death, marriage, mental disorder, unsoundness of mind, or bankruptcy of the donor of the power, had not been done or happened; and

neither the donee of the power, nor the purchaser, shall at any time be prejudicially affected by notice either during or after that fixed time of anything done by the donor of the power during that fixed time, without the concurrence of the donee of the power, or of the death, marriage, mental disorder, unsoundness of mind, or bankruptcy of the donor of the power within that fixed time.

Payment by attorney under power without notice of death, etc., good

Any person making or doing any payment or act in good faith in pursuance of a power of attorney shall not be liable in respect of the payment or act by reason that before the payment or act the donor of the power had died or became mentally disordered or of unsound mind or bankrupt or had revoked the power if the fact of death, mental disorder, unsoundness of mind, bankruptcy, or

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revocation was not at the time of the payment or act known to the person making or doing the same.

This section shall not affect any right against the payee of any person interested in the money so paid and that person shall have the like remedy against the payee as he would have had against the payer if the payment had not been made by him.

Register of powers of attorney and inspection of register

The Registrar shall keep at Kuala Lumpur a register of all particulars transmitted to him under subsection (1), and any person may, during the usual office hours and upon payment of the prescribed fee, search such register and take a copy of any particulars recorded therein.

Rules

prescribing the fees to be charged under this Act; and

prescribing the charges to be made for the attestation of an instrument creating a power of attorney under section 3.

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Repeal

Such repeal shall not affect the validity of—

Where any power of attorney was, before the commencement of this Act, deposited in the office of the Registrar or Senior Assistant

Registrar in accordance with the repealed Ordinance or Enactment, sections 10, 11, and 12 shall apply as if such document had been a document deposited in accordance with section 4 and where such document had been deposited in the office of the Registrar, the

Registrar shall have the powers of a Senior Assistant Registrar under section 10.

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FIRST SCHEDULE

[Section 3]

FORM I

FORM OF AUTHENTICATION IN CASE OF A POWER OF

ATTORNEY EXECUTED BY AN INDIVIDUAL

I ……....… (Magistrate, Justice of the Peace, Land Administrator, Notary Public,

Commissioner for Oaths, Bank Official or Advocate and Solicitor of the High

Court in Malaya) officiating [or practising] at........…, hereby certify that the signature of the donor above named was written in my presence on this thumb-mark affixed

..…..…… day of ……… 20 ………, and is, to my own personal knowledge, [or according to information given to me by trustworthy and respectable persons, namely ……… of .................. and ................ of ...................., which information verily believe,] the true signature of ….....…… who has acknowledged to me that he thumb-mark is of full age and that he has voluntarily executed this instrument.

is not

Witness my hand ……………

FORM II

FORM OF AUTHENTICATION IN CASE OF A POWER OF ATTORNEY

EXECUTED BY A COMPANY OR CORPORATION

I ……… (Magistrate, Justice of the Peace, Land Administrator, Notary Public,

Commissioner for Oaths, Bank Official or Advocate and Solicitor of the High

Court in Malaya) officiating [or practising] at ………, hereby certify that on this

……… day of ……… 20 ………, the common seal of (state name of company or corporation) was duly affixed to the above written instrument in my presence in accordance with the regulations of the said Company__

Corporation.

Witness my hand ……………

Powers of Attorney 15

SECOND SCHEDULE

[Section 15]

REPEAL

No.

Title

Extent of repeal

F.M.S. Cap.

The Powers of Attorney

Enactment

The whole

Johore Enactment

No. 18

The Powers of Attorney

Enactment

The whole

Kedah Enactment

No. 81

Enactment No. 81

(Powers of Attorney)

The whole

Kelantan Enactment

No. 8 of 1931

The Powers of Attorney

Enactment 1931

The whole

Trengganu Enactment

No. 36 of 1356

The Powers of Attorney

Enactment

The whole

Straits Settlements

Cap. 118

The Conveyancing and

Law of Property

Ordinance