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Circulation of Message Regarding Commissioners for Oaths and Attestations of SD and Affidavits (Circ

Circular No 110/2020
Dated 16 Apr 2020

To Members of the Malaysian Bar

Circulation of Message Regarding Commissioners for Oaths and Attestations of
Statutory Declarations and Affidavits

The Bar Council has obtained clarification from Tuan Abdullah Siddiq bin Mohd Nasir (“Tuan Abdullah Siddiq”), Special Officer to the Chief Registrar of the Federal Court, Tuan Ahmad Terrirudin bin Mohd Salleh, about a message which was in circulation pertaining to attestations of statutory declarations (“SDs”) and affidavits.

The content of the message is reproduced here:

“An update from the KL courts today.

Tuan Ashraf, Deputy Registrar of the Commissioner for Oaths unit said that for urgent SDs and Affidavits, the procedure below applies:-

(a) Approval needs to be sought from the Commissioner for Oaths Unit of the Courts (“UPJS”) in order to allow the CFO to affirm/attest such affidavit/SD;
(b) To grant such approval, Solicitors shall get in touch with a particular CFO and then make an application to the UPJS at upjs@kehakiman.gov.my;
(c) UPJS will determine whether it is urgent (for affidavits UPJS will need to peruse the cause papers to determine whether the application is urgent); and
(d) Approval if granted will be accompanied by certain conditions such as, place of affirmation, etc imposed by the UPJS.

Magistrates and Sessions court judges have the power to attest an SD.

Walk in to requests to attest a SD will not be entertained.-”

The response from Tuan Abdullah Siddiq is reproduced here:

“I have been instructed to inform that Unit Pesuruhjaya Sumpah has denied of issuing such directives for reference by any entity.

Any inquiry / request pertaining statutory declaration service could be referred to Unit Pesuruhjaya Sumpah Pejabat Ketua Pendaftar Mahkamah Persekutuan Malaysia via email at upjs@kehakiman.gov.my.”

Please take note that the message that was in circulation, is not to be considered as official communication from the Office of the Chief Registrar of the Federal Court or the Judiciary.  As advised by Tuan Abdullah Siddiq, we ask that Members contact the Commissioner for Oaths Unit of the Federal Court of Malaysia via email at upjs@kehakiman.gov.my for enquiries or requests, with regard to attestations of SDs and affidavits.

We hope that the information provided here is of assistance to Members.  We will update Members as and when there are new developments.

Thank you.

A G Kalidas
Secretary
Malaysian Bar