Foong Cheng Leong

FAQ

Frequently Asked Questions

Q: What is the difference between a Notary Public and Commissioner for Oaths in Malaysia?

A: To put it very simply, a Notary Public attests documents or sworn statements for foreign use (outside Malaysia) and a Commissioner for Oaths does the same but the use of the same is only for Malaysia.

Q: Where do I find a Notary Public and Commissioner for Oaths in Malaysia?

A: The Attorney General’s Chamber’s website has a list of Notary Public in Malaysia whereas the High Court of Malaya’s website has a list of Commissioner for Oaths in Malaysia.

Q: What is the difference between the symbol TM and (R)?
The symbol (R) indicates that a mark is registered whereas the TM symbol indicates that the word or logo is a trade mark. It is an offence in Malaysia to use the (R) symbol on a trade mark if such mark is not registered in Malaysia.

Last Updated: 24 April 2024

Notice: Nothing in this website constitute legal advice and no legal advice is provided through this website.

Comments

39 responses to “FAQ”

  1. fareha Avatar
    fareha

    what is the difference between authorship, ownership and exclusive rights in intellectual property?

    Reply
    1. FCL Avatar
      FCL

      Fareha: Authorship right attributes to the creator of the product. Ownership roughly means the owner of the copyright. An author doesnt necessary own the copyright as copyright can be assigned to other parties. Exclusive rights relate to the rights of a copyright owner. This includes controlling the reproduction of the copyright.

      Reply
      1. fareha Avatar
        fareha

        tq Mr. Foong…
        thnk god i got reply from you…cause my lecturer gv us a task where we have to find a lawyer’s blog and ask any question regarding intellectual property…
        again, thank you so much for replying the qusetion i ask.

        Reply
        1. FCL Avatar
          FCL

          Most welcome!

          Reply
  2. fareha Avatar
    fareha

    hello, its me again…i read a case where there have some issues regarding engineering drawings, can you clarify abit for me??

    (i) Whether engineering drawings constitute artistic works;
    (ii) The requirements of section 42 in proving copyright subsistence and ownerships of works in the drawings and the defendant bear the burden to dispute and challenge the prima facie evidence adduced by the copyright owner.
    (iii) How to determine whether an infringement of copyright has occurred.

    Reply
  3. joya Avatar
    joya

    hello sir, i am interested to know details on commissioner of oaths Malaysia. How does it work. Does the person prepare the papers and give us to make it sign or we have to do the formalities in front of him/her. Or is it possible that the person follow us to a certain place to do the formalities. It would be very kind of you to find me the answer, as i am little confuse. Thank you

    Reply
    1. FCL Avatar
      FCL

      joya: I’m not sure what papers you are talking about. Commissioner for Oath’s role is to. among others, administer oaths and affirmations. Basically, you sign affidavits or statutory declarations before him. He does not prepare the affidavit or statutory declarations for you.

      Reply
  4. Jennifer Wong Avatar
    Jennifer Wong

    Mr Foong, your response of my search for the difference between Notary and Com of Oath was most helpful….including the Notary website.

    Thanks for making your website simple and most helpful.

    Reply
    1. FCL Avatar
      FCL

      Jennifer Wong: You are most welcome!

      Reply
  5. CLY Avatar
    CLY

    Hi, would like to check with you with regards to powers of Commissioner for Oaths. As the same are regulated under Section 11 & 12 of Commissioners For Oaths Rule 1993, none in the provisions provides any power to attest the documents that you mentioned. Thank you.

    Reply
    1. FCL Avatar
      FCL

      CLY: What do you mean by the “documents that you mentioned”? I did not specify any documents.

      Reply
  6. Annya Avatar
    Annya

    Hi Mr Foong, is commisionner for oath is registered law firm?

    Reply
    1. FCL Avatar
      FCL

      Annya: Not necessary. A Commissioner for Oath need not be a lawyer or be attached to a law firm.

      Reply
  7. kay Avatar
    kay

    Hello
    I need to send documents to the government that require notarization by a commisioner of oaths; however I am out of the country and cannot return in time to do it back in Malaysia.
    I am in USA. Are there any options for me to get my notarization done here?
    Thank you!

    Reply
    1. FCL Avatar
      FCL

      kay: If you are required to affirm a document before a Commissioner for Oaths, your physical presence is require. However, do check with the authority on whether they accept document affirmed before a Notary Public in the US as both functions are similar.

      Reply
  8. RTCH Avatar
    RTCH

    Dear FCL. May I know where can I obtain the documents for me to apply to become a CFO please? Thanx.

    Reply
    1. FCL Avatar
      FCL

      RTCH: See http://www.kehakiman.gov.my/sites/default/files/document3/Pesuruhjaya%20Sumpah/Panduan%20Permohonan%20Sebagai%20Pesuruhjaya%20Sumpah_L.pdf

      Reply
  9. Mei Yuan Avatar
    Mei Yuan

    Dear FCL,

    Would you able to advise a case where the land developer failed to convert the land title from commercial to residential ? And when the developer is paying Agri tax rate, the residents are charged by MBJB at commercial rate.

    Reply
    1. FCL Avatar
      FCL

      Mei Yuan: Unfortunately no. I am not familiar with land laws.

      Reply
  10. Serine Avatar
    Serine

    Hi Mr. Foong, wonder if it is legally binding when I do my own personal will writing and get endorse with Commissioner for Oaths?

    Reply
    1. FCL Avatar
      FCL

      Serine: I wouldn’t suggest any will writing without professional help.

      Reply
  11. Krystal Avatar
    Krystal

    Hi, Mr. Foong, may I know that what are the laws that curb digital piracy in Malaysia?

    Reply
    1. FCL Avatar
      FCL

      Krystal: For Malaysia, we normally refer to Copyright Act 1987.

      Reply
  12. Lee Avatar
    Lee

    Hi FCL
    If a person sell second-hand counterfeit item online, liable for infringement under intellectual property?

    Reply
    1. FCL Avatar
      FCL

      Lee: Generally, yes.

      Reply
  13. Andrea Avatar
    Andrea

    Hi there, i am required to do a Statutory declaration for submission to land office in Malaysia. However i am not in Malaysia. Can i get a Notary Public outside Malaysia to affirm the SD?

    Reply
    1. FCL Avatar
      FCL

      Andrea: A statutory declaration affirmed outside Malaysia and notarised by a Notary Public is usually accepted. However, Land Offices are normally very strict on their documentations. Hence, it is best to check with an officer from the Land Office.

      Reply
  14. cy Avatar
    cy

    I am required to submit a cancellation letter to cancel at embassy of malaysia here in the Philippines and I need to have it notarized in Malaysia. However, I am currently here in the Philippines. What can you recommend?

    Reply
    1. FCL Avatar
      FCL

      cy: I am not sure. Perhaps you should speak to a Notary Public here. Try https://notarypublicmalaysia.com/

      Reply
  15. Tsw Avatar
    Tsw

    Dear FCL,
    How long does it normally take for my document to be attested by either commissioner for oaths or notary public?

    Reply
    1. FCL Avatar
      FCL

      Tsw: You will need to see them personally. They will do the attestation on the spot.

      Reply
  16. Jane Avatar
    Jane

    If the company is incorporated in overseas and the director is Malaysian. He intends to register a trademark in Malaysia. So the Statutory Declaration need to attest by Commissioners of Oath or Notary Public.

    Reply
    1. FCL Avatar
      FCL

      Jane: It depends on where the authorised signatory (e.g Director) is located. If he lives in Malaysia, he can get it attested by a Commissioner for Oaths.

      Reply
  17. Radha Sandhu Avatar
    Radha Sandhu

    Hi Mr Foong, may I know what are the requirements for becoming a Commissioner of Oaths in Malaysia? Thank you.

    Reply
    1. FCL Avatar
      FCL

      Radha: You can check out http://pesuruhjayasumpah.kehakiman.gov.my/pesuruhjayasumpah/soalan2.php

      Reply
  18. Tony Goh Avatar
    Tony Goh

    I understand Notary Public simply attests documents or sworn statements for foreign use (outside Malaysia), but can it make an Affidavit of Foreign Law for foreign use (outside Malaysia) in applying for Probate or Letter of Administration?

    Reply
    1. FCL Avatar
      FCL

      Tony Goh: hi, what do you mean by make an affidavit of foreign law? Draft it or attesting it? If it’s the former, you may need assistance of your local lawyer to draft it as there may be local laws requiring it to be in a certain format.

      Reply
  19. Sharm Avatar
    Sharm

    Hi Mr Foong,

    The Malaysia Statutory Declaration Act set out the prescribed format for an SD. Can a Commissioner for Oath in Singapore or other countries affirms the format of the SD as prescribed in the Malaysian SDA and what would be the correct process? Thank you.

    Reply
    1. FCL Avatar
      FCL

      Sharm: If the SD affirmed outside Malaysia is for the use of Malaysia, a Notary Public would need to notarise it (as far as I know). So far, I’ve had SDs in our local format affirmed by Notary Public outside Malaysia and I had no issue so far. Nevertheless, the Notary Public may make slight changes to the format by adding some words to comply with local requirements.

      Reply

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