LAW512

Law of
Conveyancing
Topic 3: Powers of
Attorney

Donee Joint or Severally

Duration of PA

Malaysian Powers of Attorney

Act 1949

Powers of attorney given for

valuable consideration

Cont

Cont

Powers of attorney expressed to be

irrevocable for a fixed time

Cont

Cont

UK Powers of Attorney Act

1971
1.
2.
3.
4.

Ordinary (traditional) Powers

Trustee Powers
Enduring Powers
Lasting Powers

Ordinary (traditional) Powers

A PA was originally granted to authorise the

attorney to manage the donors property

and financial affairs or for commercial
purposes. The attorneys authority comes
to an end if the donor ceases to have
mental capacity.

Trustee Powers
The general rules forbid a trustee to

delegate his functions and responsibilities

to anyone else. Statute authorises a trustee
to grant PA in certain circumstances

Enduring Powers
An enduring PA enable the donor to give

the attorney authority to manage the

donors property and financial affairs even
after the donor had lost mental capacity. No
further enduring powers can be granted,
but those validity granted earlier to
continue to be effective.
Could be granted from 10 March1986 until
30 September 2007

Lasting Powers
A lasting PA can be used in the same way

as an enduring power. In addition in can

give the attorney the authority in relation
to matters of donors personal welfare this
class of PA is effectively sub-divided,
because there are separate prescribe form
for power dealing with the donors property
and affairs and those deal with his personal
welfare . A donor wishing to grant a
comprehensive power, giving both types of
authority, must execute two powers.

What Language should be Used?

What to prepare?

How To Register PA?

To bring both one (1) original copy and one

(1) a duplicate of the original copy of the

Power of Attorney document to the Power
of Attorney Registration Office, High Court
of Malaya, Kuala Lumpur or at any
Registration Office of the High Court of
Malaya in West Malaysia
A duplicate of the original copy of the PA to
be filed and deposited in the court.
To bring back the original copy of the PA.

Section 4 Deposit of PA
(1) Except as hereinafter provided no instrument

purporting to create a PA shall, after the

commencement of this Act, have any validity to
create such power within *Peninsular Malaysia
until
(a) a true copy of the said instrument duly
compared therewith and marked by the Senior
Assistant Registrar with the words true copy; or
(b) where the original instrument is deposited in
the registry of the Supreme Court in Singapore, an
office copy of such instrument, has been deposited
in the office of a Senior Assistant Registrar.

Section 9 - Register of powers of

attorney and inspection of register
A separate file of documents deposited in

accordance with section 4 shall be kept by every

Senior Assistant Registrar, who shall enter in a
register kept for that purpose short particulars of
each such document together with any subsequent
revocation or other determination thereof of which
he shall have had notice, and
any person may, during the usual office hours,
upon payment of the prescribed fee, search such
register and file and inspect any document so
deposited, and an office copy of such document
shall be delivered out to him on request and on
payment of the prescribed fee.

Section 3 - Authentication of PA

Section 3 of PA Act 1949

3. (1) No instrument purporting to create a PA 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;
(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

Cont within West Malaysia

Authentication by the persons above must

be in the form prescribed in the Powers of

Attorney Act 1949. The forms are:
- FORM I - Authentication Form for
Individual Donor
- FORM II - Authentication Form for
Company or Corporation Donor.

Form 1

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/thumb mark) of the donor above named
was (written/affixed) in my presence on this .. 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/thumb mark) of .....
who has acknowledged to me that he (is/is not) of full age and
that he has voluntarily executed this instrument.
Witness my hand

Form II
FORM OF AUTHENTICATION IN CASE OF A PA
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

Outside West Malaysia

(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.

Cont outside West Malaysia

There is no specific format to be followed

as in the Powers of Attorney Act 1949, but

there must be some form of authentication
by the persons above to be enclosed in the
PA document.

Who can register PA?

Either the Donor or the Donee may register

his/her PA documents, or
by any lawyer presenting such documents

Where to register PA?

At the PA Registration Office, High Court of

Malaya, Kuala Lumpur, or

At any Registration Office of the High Court
of Malaya in West Malaysia

Fees For Registration of PA

Registration
Deposit
Fee per printed sheet

RM25
RM10
RM2

prior to execution page

PA document must be duly stamped at the

Stamp Duty Office before it can be

registered at the High Court.

Structure Sample CIMB

Particulars of the Donor
Particulars of the Donee
Reference to the Loan Agreement dated
Consideration by the Donor; premise
Consideration by the Donee; agreeing to

make available the Loan to the

Donor/Borrower
Appointment of the Bank (Banks directors
or its officers) as Donors Attorney

Cont - Structure
Donors irrevocable instruction
List of Attorneys power
Signing page
Authentication Clause

Section 157A NLC

Application by donee of a power of attorney.
(1) may be made by a donee of a power of attorney

from the proprietor of the alienated land whereby

the proprietor confers on the donee the power to
make such application on behalf of the proprietor.
(2) An application by a donee of a power of attorney
under sub-section (1) shall be accompanied by(a) an office copy thereof within the meaning of
section 10 of the Powers of Attorney Act, 1949, or in
the case of a power to which sub-section (4) of
section 4 of that Act applies the original thereof;
and
(b) a copy thereof for filing by the Registrar.

Cont
(3) The donee of a power of attorney under sub-section (1)

shall, not withstanding anything contained in the power of

attorney, have the power to do all such acts or things as
may be necessary or required under this Act in relation to
the application, and the proprietor shall be bound by all
such acts or things done by the donee in the same manner
as the proprietor would be bound if done by the proprietor
personally.
(4) The Land Administrator may require from the donee of
a power of attorney under subsection (1) or the donor
thereof a statutory declaration or other evidence upon
oath or affirmation, that the power of attorney was, at the
material time, still in force.

Section 157B
Procedure in respect of filing of copy of power of

attorney. Where, pursuant to paragraph (b) of subsection (2) of section 157A, an application is
accompanied by a copy of a power of attorney for
filing by the Registrar, the Registrar shall (a) compare that copy with the office copy or, as the
case may be, original power of attorney sent
pursuant to paragraph (a) of that sub-section; and
(b)
(i) file the compared copy;
(ii) note the existence of the compared copy, and
the reference under which it is filed, both on the
application and on the office copy or the original
power of attorney; and
(iii) return the office copy or original power of
attorney to the person or body by whom it was sent.

Section 309 NLC

Documents to accompany instruments executed

under power of attorney.

(1) Where any instrument presented for
registration under this Part has been executed
on behalf of any person or body under a power
of attorney, it shall be accompanied by(a) an office copy thereof within the meaning of
section 10 of the Powers of Attorney Ordinance,
64 of 1949, or, in the case of a power to which
sub-section (4) of section of that Ordinance
applies; the original thereof; and
(b) subject to sub-section (2), a copy thereof for
retention by the Registrar.

Section 310 NLC

(1) Where, pursuant to paragraph (b) of sub-section (1)

of section 309, any instrument to which that section

applies is accompanied by a copy of a power of attorney
for the Registrar's retention, the Registrar shall (a) compare that copy with the office copy or, as the
case may be, original power of attorney sent pursuant
to paragraph (a) of that sub-section, and
(b) on registering the instrument (i) file the compared copy;
(ii) note the existence of the compared copy, and the
reference under which it is filed, both on the instrument
and on the office copy or original power of attorney; and
(iii) return the office copy or original power of attorney
to the person or body by whom it was sent.

Cont
(2) Where, in the case of any instrument to which

section 309 applies, a copy of any power of

attorney has, as mentioned in sub-section (2) of
that section, been filed by him on some previous
occassion, the Registrar shall(a) on registering the instrument, note thereon
the existence of that copy, and the reference
under which it is filed; and
(b) in any case where the instrument was
accompanied by an office copy not previously
submitted to him, make a like note thereon before
returning it to the sender.

Section 311 NLC

In determining the fitness for registration of any

instrument to which section 309 applies, the Registrara) may, without prejudice to the generality of his
powers under section 302, require from the attorney or
his principal a statutory declaration, or other evidence
upon oath or affirmation, that the power of attorney
was, at the material time, still in force; but
(b) shall not, in the exercise of those powers, require
proof of the due execution of any power of attorney
where the document delivered to him pursuant to
paragraph (a) of sub-section (1) of the said section 309
was an office copy thereof.

Revocation Section 5
Section 5 of PA Act 1949
Every instrument purporting to create a PA of which a true

copy or an office copy has been deposited in the office of the

Registrar or a senior Assistant Registrar in accordance with this
Act or any law repealed by this Act whether before or after the
commencement of this Act, shall, so far as the said instrument
is valid and so far as may be compatible with the terms of the
instrument, continue in force until
1. notice in writing of the revocation thereof by the donor, or of
the renunciation thereof by the donee, has been deposited in
every office in which the office copy or true copy thereof has
been so deposited, or
2. either the donor or the donee has died or
the donee has become of unsound mind, or the donor has
been adjudged to be of unsound mind or
3. a receiving order has been made against him in bankruptcy.

What to prepare for Revocation

of PA?

How to Register Revocation of

PA?

Fees for the Registration of

Revocation of PA
Registration
Fee per printed sheet

RM10
RM2

prior to execution page

Power of Attorney document must be duly

stamped at the Stamp Duty Office before it can

be registered at the High Court

References
Malaysian Powers of Attorney Act 1949
Powers of Attorney, Trevor M. Aldridge, 10

Edition, London, Sweet & Maxwell 2007

CIMB Bank PA Document
Official website of the Office of the Chief
Registrar Federal Court of Malaysia at
http://www.kehakiman.gov.my/?q=en/node/
571