Common Documents That Require Notarization

Essential Guide to Documents Requiring Notarization in Legal, Financial, and Commercial Matters

In legal, financial, and commercial matters, notarization plays a critical role in ensuring the authenticity, validity, and enforceability of important documents. A Notary Public acts as an impartial officer commissioned by law to witness the signing of important documents, administer oaths, and help deter fraud. In many jurisdictions, documents that are not properly notarized may be rendered invalid or inadmissible in court.

This article outlines the most common types of documents that typically require notarization, particularly in legal practice and transactional contexts.

Types of Documents Commonly Requiring Notarization

1. 1
   Statutory Declarations and Affidavits

   These are sworn statements of fact made voluntarily under oath or affirmation. Affidavits are commonly used in court proceedings and must be notarized to confirm the deponent’s identity. A Notary Public administers the oath or affirmation and attest the execution of the document.

2. 2
   Power of Attorney (PA)

   A Power of Attorney is a legal instrument that authorizes one person (the donee or attorney-in-fact) to act on behalf of another (the donor or principal) in legal or financial matters. If the PA is intended for use abroad — particularly for real estate transactions, financial matters, or litigation — it generally requires notarial attestation and, in some jurisdictions, further legalisation or apostille certificate.

3. 3
   Certified True Copies (CTC)

   A Notary Public is often engaged to certify that a photocopy of an original document is true and faithful reproduction. Common documents include identity documents (e.g., passport or Identity Card (MyKad)), academic certificates, marriage or birth certificates. Notarial certification may be required by foreign embassies, immigration departments, or regulatory bodies.

4. 4
   Letters of Consent or Authorization

   Documents such as parental consent letter for minors to travel, consent/authorization for third-party representation or consent for specific actions often need to be notarized to be accepted by embassies, immigration offices, or educational institutions. The Notary Public will verify the identities of the consenting parties, witness the signing, and affix their notarial seal to confirm legitimacy.

5. 5
   Real Estate and Property Documents

   Property transactions, particularly those involving foreign ownership or overseas investors, often require notarization. This may include Sale and Purchase Agreements, Tenancy Agreements and Title Deeds. Notarization ensures authentication of signatures and may support legal enforceability in foreign jurisdictions.

6. 6
   Business and Corporate Documents

   In international business and trade, notarized corporate documents are often requested by foreign government agencies, banks, or business partners. These may include Board Resolutions, Memorandum and Articles of Association, Certificates of Incorporation, and Authority Letters. Such documents are commonly required for cross-border transactions, company registrations, or opening foreign bank accounts.

7. 7
   Declarations for Immigration or Visa Applications

   Notaries also assist with letters of support, relationship declarations, or affidavits needed for visa or immigration applications, providing formal authentication and enhancing credibility of these documents.
   
   Notarization is more than a formality — it is an essential safeguard for verifying authenticity, deterring fraud, and facilitating cross-border legal recognition. Whether you're an individual executing a Power of Attorney or a corporation conducting international transactions/business, engaging a qualified Notary Public ensures that your documents meet the requisite legal standards and evidentiary requirements.
   
   If you are unsure whether your documents require notarization or further legalisation, feel free to contact our office. Our team is here to guide you through the process efficiently, accurately, and with care — ensuring your documents comply with both Malaysian and international legal requirements.

Notary Public vs Commissioner for Oaths in Malaysia: Key Differences and When to Use Each

Many people confuse the roles of a Notary Public and a Commissioner for Oaths. While both can officially verify documents, their powers, scope, and recognition are very different. Choosing the right one is important to avoid delays or rejection of your documents.

1. 1
   Appointment and Authority

   Notary Public: Appointed by the Attorney General of Malaysia under the Notaries Public Act 1959. Recognised internationally, making them essential for documents used overseas.
   
   Commissioner for Oaths: Appointed under the Courts of Judicature Act 1964 and Commissioners for Oaths Rules 2018. Their authority is local – valid only in Malaysia.

2. 2
   What They Can Do

   Notary Public:

   • Verify and witness signatures on legal documents (attestation).
   • Certify true copies of documents.
   • Issue Notarial Certificates for international use.
   • Handle legalisation or apostille processes for foreign recognition.

   
   Commissioner for Oaths:

   • Administer oaths and affirmations for affidavits.
   • Take statutory declarations under Malaysian law.
   • Certify documents for domestic use only (e.g., court filings, government submissions).

    

3. 3
   Jurisdiction and Recognition

   Notary Public: Acts are recognised globally, especially with consular legalisation or apostille. Crucial for cross-border transactions, immigration matters, and foreign court cases.
   
   Commissioner for Oaths: Valid only within Malaysia’s legal framework. Documents certified will generally not be accepted by foreign authorities.

4. 4
   Choosing the Correct Officer

   For overseas submission (e.g., foreign visa applications, incorporation of a foreign company, international contracts) → Engage a Notary Public.
   
   For local court or statutory purposes (e.g., affidavits for litigation, declarations for government agencies) → Engage a Commissioner for Oaths.

Conclusion