The Affidavit of Surety is a fundamental legal instrument in Malaysian jurisprudence, used when one party needs to formally guarantee the obligations of another. This sworn statement, executed under Malaysian law, is commonly required in various situations including bail applications, immigration sponsorships, financial guarantees, and educational loans. The document must comply with strict legal requirements under Malaysian legislation, including proper execution before a Commissioner for Oaths. An Affidavit of Surety typically contains comprehensive information about the surety's financial status, employment, assets, and relationship to the principal debtor, serving as evidence of the surety's capacity and commitment to fulfill their obligations if called upon.
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1. Title and Heading: Formal title of the document, court details if applicable, and case reference numbers
2. Deponent Details: Full legal name, NRIC number, occupation and address of the person making the affidavit (the surety)
3. Introduction: Formal opening statement declaring that this is a sworn statement
4. Personal Background: Details about the surety's age, citizenship, and relationship to the principal debtor
5. Financial Capacity: Declaration of employment, income, assets and liabilities to demonstrate ability to act as surety
6. Understanding of Obligations: Clear statement that the surety understands their legal obligations and potential liabilities
7. Declaration of No Impediments: Statement that there are no legal impediments to acting as surety
8. Verification: Statement verifying that all information provided is true and correct
9. Attestation: Space for signature, commissioner for oaths details and official seal
1. Additional Sureties: Required when multiple sureties are involved, detailing their joint and several liability
2. Property Details: Needed when specific property is being offered as security
3. Criminal Record Declaration: Required in cases involving bail or criminal matters
4. Immigration Status: Necessary when the surety involves immigration matters or foreign nationals
5. Previous Suretyships: Declaration of any existing suretyships or guarantees, required when relevant to assess total liability
1. Financial Statement: Detailed statement of assets and liabilities
2. Property Documents: Copies of property ownership documents if property is offered as security
3. Income Proof: Salary slips, tax returns or other income verification documents
4. Identity Documents: Copies of NRIC, passport or other identification documents
5. Character References: Letters from employers or other relevant character references where required
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