If you should require Notary Public services for any of the matters listed below please feel free to call up for an appointment:-
A brief List of Notary Public services pursuant to the Notaries Public Act 1959
(a). witnessing/ attesting any official documents intended for overseas use;
(b). the administration of oaths intended for overseas use;
(b). affirmations of affidavits and statutory declarations intended for overseas use:-
(i). in respect of any courts matters;
(ii). for proving due execution of any document;
(iii). for matters pertaining to a sea vessel.
*(you may also contact us should you require the service of a Commissioner for Oaths)
Scope of Notary Public's Role
(Extract from Act 115- Notaries Public Act 1959) Section 4
Privileges of Notaries Public
4. (1) Every notary public shall have and may exercise within his place of practice all the powers and functions which are ordinarily exercised by notaries public in England*: Provided that, except for the purposes of and to the extent necessary to give effect to subsection (2), such powers shall not include power to administer any oath or affirmation in connection with any affidavit or statutory declaration which is executed for the purpose of being used in any court or place within Malaysia, or to take or attest any such affidavit or statutory declaration.
4. (2) Without prejudice to the generality of the powers and functions conferred by subsection (1), a notary public may:-
(a) administer any oath or affirmation in connection with any affidavit or statutory declaration which is executed:
(i) for the purpose of confirming or proving the due execution of any document;
(ii) by any master or member of the crew of any vessel in respect of any matter concerning that vessel; or
*NOTE-A note on the powers and functions ordinarily exercised by notaries public in England is to be found at page 1119 of Vol. 23 of the 3rd Edition of Halsbury's Statutes of England.
(iii) for the purpose of being used in any court or place outside Malaysia, and may take or attest any such affidavit or statutory declaration; and
(b) have and exercise such other powers and functions as may be prescribed.
#For more information on English Notary Public link to:- http://exfacie.com/?q=notaries_halsburys_laws_of_england_1st_edition
Notary Public's Role in Authenticating Power of Attorney
(Extract from Act 424- Powers of Attorney Act 1949) Section 3
Authentication of Powers of Attorney
3. (1) No instrument purporting to create a power of attorney executed after the commencement of this Act shall have any validity to create such power within **Peninsular Malaysia unless-
(a) 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-
(i) a Magistrate; (ii) a Justice of the Peace; (*NOTE-All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia")
(iii) a Land Administrator; (iv) a Notary Public; (v) a Commissioner for Oaths; (vi) an advocate and solicitor; or (vii) an officer, acting in the course of his employment, of a company carrying on the business of banking in *Peninsular Malaysia and incorporated by or under any written law in force in *Peninsular Malaysia; or
(b) if executed outside *Peninsular Malaysia, the execution of such instrument is authenticated, in such form as may be accepted by the Registrar, by:- (i) a Notary Public; (ii) a Commissioner for Oaths; (iii) any Judge; (iv) a Magistrate; (v) a British Consul or Vice-Consul; (vi) a representative of Her Britanic Majesty; (vii) on and after Merdeka Day, any Consular Officer of Malaysia; (viii) in the case of an instrument executed in the Kingdom of Saudi Arabia, the Malaysian Pilgrimage Commissioner; or (ix) in the case of an instrument executed in the Republic of Singapore' an advocate and solicitor of the Supreme Court of the Republic; or an officer, acting in the course of his employment, of a company carrying on the business of banking in the Republic and incorporated by or under any written law of the Republic.
3. (2) 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.
Role of Commissioner For Oath and Notary Public in respect Statutory Declaration
(Extract from Act 13- Statutory Declaration Act 1960) Section 2
2. It shall be lawful for any Sessions Court Judge, Magistrate, or Commissioner for Oaths or, subject to section 4 of the Notaries Public Act 1959 [Act 115], any notary public appointed under the Notaries Public Act 1959, to take and receive the declaration of any person voluntarily making the same in Malay or English in the form in the Schedule
C.K. LEONG & NURBAYA provides a broad spectrum of legal services, inter alia:- Commercial Law
The corporate and commercial department provides services in all aspects of corporate finance, mergers and acquisitions, corporate restructuring, agency and commercial agreements, competition, business and asset transfers, directors' duties, partnership and private limited company structuring, intellectual property, joint ventures and private equity financing. Advice is also given in relation to contentious and non-contentious employment matters. The team has a strong reputation for a sensible approach to getting the job done.
Dispute resolution has qualified advocates within the department. The firm adopts a proactive approach to dispute management. The litigation team works closely with a number of national commercial clients and provides specialist advice on commercial disputes, shareholder conflict and indemnity claims, company disputes, partnership and private limited company issues, professional negligence and property litigation. The department also provides advice to insolvency practitioners.
There is strength and depth in the commercial and residential property teams across all three of the firm's offices. Commercial work is undertaken for a number of national name clients with property portfolios across the capital city. The work includes property redevelopment, leasing, acquisitions, disposals and compulsory base. Probate, trusts and tax purchase. The department also provides a specialist residential property service. We are also involved in the preparation of Islamic Loan documentation with product such as Bai Bil Taman Ajil and Musharakah Mutanaqisah for with various bank such as Public Islamic Bank Bhd, Hong Leong Islamic Bank, Maybank Islamic Bhd, Bank Islam Bhd and Standard Chartered Islamic Bank Bhd.
Private Client Services
C.K.Leong & Nurbaya maintains an enviable and long established private client planning work is dealt with by the regionally recognised wealth preservation team, and specialist advice and planning is given for corporate and private property investment clients. Family law is a recognised area of regional expertise and encompasses complex financial affairs, arrangements
Intellectual Property and Information Technology
Trade and Service Marks, Patents, Designs and Copyrights, Licensing and Franchising;
Corporate Administration and Secretarial Services
International Business Transactions, Tax Practice and Planning, Securities and Loans;
Apostille and Legalisation Apostille
An Apostille is a certificate issued by the Department of Foreign Affairs of some countries verifying the genuineness of the signature and/or seal of a public officer e.g. a Notary Public, on a public document and the capacity in which he or she has acted. The Apostille certificate may be stamped on or attached to the public document required to be apostilled. It is obtained by presenting the document at the Department of Foreign Affairs. The Apostille procedure applies in lieu of Legalisation between countries that have signed and ratified or acceded to the Hague Convention of 5 October 1961. Other countries in which the Apostille procedure applies may be checked on the Hague Convention website, where a list of countries adhering to the Apostille system abolishing the need for legalisation, and also those countries not Hague Convention Countries Adhering.
Legalisation is an internationally recognised procedure for certifying the authenticity of official signatures and/or official seal applied to a public document. It operates by means of an unbroken chain of verifying signatures commencing with that of the first signatory to the document and ending with the signature of the diplomatic or consular representative of the state in which the document is to produced and acted upon. The legalisation procedure usually commences with the attestation by a Notary Public of the signature of a person to a formal document. After the Notary Public subscribed the signatory’s name and affixed his or her official seal to the document by way of notarial act, the document shall be sent to the Ministry of Foreign Affairs which in Kuala Lumpur, website at Ministry of Foreign Affairs of Malaysia Wisma Putra, No 1, Jalan Wisma Putra, Precinct 2, 62602 PUTRAJAYA Phone: +603-8000 8000 / Email : email@example.com paying the appropriate consular fee, normally RM 20.00 per document - for the purpose of having the Notary’s signature and official seal verified. The document is then produced at the diplomatic or consular representative or embassy in Kuala Lumpur of the foreign country in which it is intended to be used. The document shall be produced for the purpose of having the Ministry of Foreign Affairs signature legalised. When all the foregoing steps have been completed, the document is said to have been legalised. Other countries in which the Apostille procedure applies may be checked on the the Hague Convention website, where a list of countries adhering to the Apostille system abolishing the need for legalisation, and also those countries not Hague Convention Countries Adhering