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Procuration Letter for Malaysia

Procuration Letter Template for Malaysia

A legal instrument governed by Malaysian law, specifically the Powers of Attorney Act 1949, that enables an individual or organization (the principal) to delegate legal authority to another person or entity (the attorney) to act on their behalf. The document specifies the scope of powers granted, which may be general or limited to specific actions, and must be properly executed in the presence of witnesses and authenticated by a Commissioner for Oaths or Notary Public in Malaysia. It can be used for both personal and business matters, requiring compliance with Malaysian stamping requirements and registration procedures when applicable.

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What is a Procuration Letter?

A Procuration Letter, also known as a Power of Attorney in Malaysia, is essential for situations where an individual or organization needs to delegate legal authority to another party. This document is commonly used when the principal is unable to personally handle certain matters, whether due to physical absence, illness, or business efficiency requirements. The document must comply with Malaysian legal requirements, including the Powers of Attorney Act 1949, and typically requires proper witnessing and authentication. It can be created for various purposes, from handling specific one-time transactions to managing ongoing business affairs, and may be limited in scope or general in nature. The document's validity and enforcement are subject to Malaysian law, requiring proper stamping and, in some cases, registration with relevant authorities.

What sections should be included in a Procuration Letter?

1. Date and Place of Execution: Specifies when and where the power of attorney is being executed

2. Principal's Details: Full name, NRIC/Passport number, and address of the person granting the power of attorney

3. Attorney's Details: Full name, NRIC/Passport number, and address of the person being appointed as attorney

4. Scope of Authority: Clear description of the powers being granted to the attorney

5. Duration of Authority: Specification of whether this is a general or limited duration power of attorney, including start and end dates if applicable

6. Declaration of Sound Mind: Principal's declaration of being of sound mind and executing the document voluntarily

7. Execution and Witnessing: Signature blocks for principal, attorney, and witnesses with their details

What sections are optional to include in a Procuration Letter?

1. Substitute Attorney Clause: Used when appointing a backup attorney in case the primary attorney becomes unavailable

2. Foreign Usage Clause: Required when the power of attorney will be used in foreign jurisdictions

3. Medical Decisions Authorization: Included when the attorney is being granted power to make medical decisions

4. Revocation of Previous Powers: Used when revoking any previous powers of attorney

5. Joint/Several Attorney Powers: Required when appointing multiple attorneys to clarify if they must act jointly or can act independently

What schedules should be included in a Procuration Letter?

1. Schedule A - Specific Powers: Detailed list of specific powers granted to the attorney

2. Schedule B - Property Details: List of properties or assets covered by the power of attorney if specific to certain assets

3. Appendix 1 - Identity Documents: Copies of principal's and attorney's identification documents

4. Appendix 2 - Medical Certificate: When required, medical certification of principal's mental capacity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Sector

Banking

Cost

Free to use
Relevant legal definitions















Clauses


















Relevant Industries

Legal Services

Financial Services

Real Estate

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Relevant Teams

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Administration

Relevant Roles

Legal Counsel

Corporate Secretary

Managing Director

Chief Executive Officer

Chief Financial Officer

Property Manager

Business Development Manager

Human Resources Director

Operations Manager

Compliance Officer

Risk Manager

International Business Manager

Estate Administrator

Corporate Trustee

Healthcare Administrator

Industries





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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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