Power of Attorney in Malaysia: Signing, Filing at the High Court and Legalising for Use Abroad

Oct 21

Short answer: in Peninsular Malaysia, a power of attorney (surat kuasa wakil) is governed by the Powers of Attorney Act 1949. The donor signs it before one of the witnesses the Act lists, such as a Notary Public, a Commissioner for Oaths, an advocate and solicitor or a Magistrate, and it carries RM 10 stamp duty. Before the attorney can act on it in Malaysia, a true copy is deposited at the High Court, unless it is used only for dealings at the land office. For use abroad, it is signed before a Notary Public in Malaysia, attested by Wisma Putra and legalised by the destination country's embassy in Kuala Lumpur. China requires the original.

We draft, notarise, translate and legalise powers of attorney. Our Notary Public works in the Klang Valley and can attend at your office there, and our team includes High Court interpreters for translations the High Court accepts. Tell us the country and what your attorney must do on WhatsApp for a quote.

Last reviewed: October 2026.

Signing a power of attorney in Malaysia

The donor signs before one of these witnesses, who authenticates the signature in the form in the First Schedule to the Act:

a Magistrate;
a Justice of the Peace;
a Land Administrator;
a Notary Public;
a Commissioner for Oaths;
an advocate and solicitor;
a bank officer acting in the course of employment.

An individual signs (or thumbprints) before the witness, who knows the donor personally or has identified the donor; a company executes it in the form for companies.

Stamp duty is RM 10 (Stamp Act 1949, item 59). A power of attorney that is itself a sale or gift of property pays the same duty as a conveyance, and a proxy for a company meeting is exempt. Stamp it within 30 days of signing; one signed abroad, within 30 days after it first arrives in Malaysia. Late stamping carries a penalty.

The Powers of Attorney Act 1949 applies to Peninsular Malaysia; Sabah and Sarawak have their own rules.

Depositing it at the High Court

No power of attorney has "any validity to create such power within Peninsular Malaysia" until a true copy, compared and marked "true copy" by the Senior Assistant Registrar, is deposited at the High Court. The deposited copy can then be issued as an office copy, which banks, land offices and courts accept as evidence without further proof. Filing is electronic.

In another language: it is deposited with a Malay or English translation certified by a court interpreter. Our team includes Kuala Lumpur and Sarawak High Court interpreters.
Land office only: a power of attorney executed and used solely for dealings at the land office does not need to be deposited, provided it is attested as the land law requires; the land office then takes the original and a copy (National Land Code, section 309).
Revocation: a deposited power stays in force until a notice of revocation is deposited where it was deposited, or until the donor or attorney dies, loses mental capacity or the donor is made bankrupt. A power given for value and expressed to be irrevocable is not revoked against a purchaser.

Using a Malaysian power of attorney abroad

Draft it in English, with exactly the powers the foreign office, bank or court asks for, and the attorney's full name and passport details.
Sign it before a Notary Public in Malaysia, in person. The notary's certificate states what was done, and the pages are bound so that none can be removed. Wisma Putra does not recognise Singapore notaries, so a power for Wisma Putra is signed before a Notary Public in Malaysia.
Wisma Putra attests the notary's signature; powers of attorney are among the documents it lists for Notary Public endorsement. Fees are in our legalisation fees tracker.
The destination country's embassy in Kuala Lumpur legalises it.
Translate it when the destination needs its own language. See who can certify a translation.

Malaysia is not a party to the Apostille Convention, so this chain replaces an apostille. See apostille in Malaysia.

Embassy rules that matter

China: the power of attorney must be the original; a copy is not accepted. It is notarised by a Malaysian notary, attested by Wisma Putra, bound as one volume with sealing wax, eyelets and a seal across the pages, and accompanied by a recognised Chinese translation. The visa centre usually takes four working days. See legalisation for China.
Germany: only a Notary Public's certification is accepted, private documents are bound under one Notarial Certificate and, from our own submissions, the German Embassy does not legalise each page separately. A general power of attorney or a property matter in Germany may need a German notarial deed, so ask the German notary first. See legalisation for Germany.
India: the power of attorney is in English and attested by a Notary Public and by the Consular Division of Wisma Putra before the High Commission of India.
Thailand: an English translation certified for accuracy goes with the original to Wisma Putra, the Royal Thai Embassy (RM 60 per document) and then Thailand's Ministry of Foreign Affairs. See legalisation for Thailand.

Company powers of attorney

Companies appoint agents, distributors and lawyers abroad by power of attorney, usually with a board resolution. The power of attorney is signed before a Notary Public; the board resolution and company letters can go as certified true copies. All are then attested by Wisma Putra and legalised by the embassy. See using SSM company documents abroad.

Signing abroad for use in Malaysia

Outside Peninsular Malaysia, the donor signs before a Notary Public, a Commissioner for Oaths, a judge, a Magistrate, a British consul or vice-consul, a consular officer of Malaysia, the Malaysian Pilgrimage Commissioner in Saudi Arabia, or, in Singapore, an advocate and solicitor or a bank officer, in a form the High Court Registrar accepts. Malaysian embassies and consulates witness powers of attorney by appointment, with the same effect as a notarial act in Malaysia.

For land in Malaysia, instruments signed outside the Commonwealth (for example in China, Japan or the United States) are attested only by a Malaysian diplomatic or consular officer under the National Land Code, so sign at the Malaysian embassy or consulate unless your lawyer or the land office confirms another route. A power of attorney in another language needs a certified Malay or English translation for the High Court, and stamping within 30 days after it arrives in Malaysia.

What gets a power of attorney refused

Signed before a Commissioner for Oaths for an embassy that requires a Notary Public, such as Germany.
A copy sent to China instead of the original.
Loose or unbound pages.
Signed before a Singapore notary when it must go through Wisma Putra.
Not deposited at the High Court before it is used in Peninsular Malaysia (other than solely at the land office).
A power in another language deposited without a certified Malay or English translation.

Ringkasan dalam Bahasa Melayu

Surat kuasa wakil di Semenanjung Malaysia tertakluk kepada Akta Surat Kuasa Wakil 1949. Pemberi kuasa menandatanganinya di hadapan saksi yang disenaraikan oleh Akta, seperti Notari Awam, Pesuruhjaya Sumpah atau peguam bela dan peguam cara, dan duti setem ialah RM 10. Salinan sah perlu didepositkan di Mahkamah Tinggi sebelum digunakan, kecuali untuk urusan di pejabat tanah sahaja. Untuk kegunaan di luar negara, surat kuasa wakil ditandatangani di hadapan Notari Awam di Malaysia, disahkan oleh Wisma Putra dan kedutaan; untuk China, dokumen asal diperlukan.

中文简介

马来西亚半岛的授权书（Power of Attorney，马来文 Surat Kuasa Wakil）受1949年《授权书法令》规管。授权人须在法令列明的见证人面前签署，例如公证人、宣誓官或执业律师，印花税为 RM 10；在马来西亚使用前须将核证副本存放于高等法院（仅用于土地局事务者除外）。在海外使用的授权书须在马来西亚公证人面前签署，再经马来西亚外交部（Wisma Putra）认证及目的国大使馆认证。送往中国使用的授权书必须提交原件，装订成册并附中文翻译。

Common questions

Who can witness a power of attorney in Malaysia?

A Magistrate, a Justice of the Peace, a Land Administrator, a Notary Public, a Commissioner for Oaths, an advocate and solicitor, or a bank officer in the course of employment. For use abroad, choose a Notary Public, because Wisma Putra and most embassies require one.

Do I need to register my power of attorney?

For use in Peninsular Malaysia, a true copy is deposited at the High Court before the attorney acts on it. A power used solely for dealings at the land office is the exception.

How much is the stamp duty?

RM 10 in most cases. A power that is itself a sale or gift of property pays the same duty as a conveyance, and a proxy for a company meeting is exempt.

Can I sign a power of attorney abroad for use in Malaysia?

Yes, before a notary, a judge, a Malaysian consular officer or another witness the Act lists. For land in Malaysia, sign at the Malaysian embassy or consulate, then have it translated if needed, stamped and deposited.

Does the Chinese Embassy accept a copy?

No. A power of attorney for China must be the notarised original, bound as one volume and legalised after Wisma Putra.

How long does it take?

Notarisation takes one business day after payment, Wisma Putra usually the same or the next working day, and the embassy its own processing time.

Related guides

Sources:

Zhihan Chew