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Affidavit Written Statement

Affidavit Written Statement Template for Malaysia

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Key Requirements PROMPT example:

Affidavit Written Statement

"I need an Affidavit Written Statement for my company's planned corporate restructuring in March 2025, confirming my position as CEO and verifying the company's financial status for submission to the Malaysian Securities Commission."

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Document background
An Affidavit Written Statement is a crucial legal document in the Malaysian legal system, used to present formal written testimony or declarations of fact. It serves multiple purposes, from supporting court applications to verifying information for administrative proceedings. The document must be sworn or affirmed before a Commissioner for Oaths, making it a solemn declaration with legal consequences for false statements. Common uses include judicial proceedings, corporate matters, property transactions, and administrative applications. The format and content are governed by Malaysian legislation, particularly the Evidence Act 1950 and Rules of Court 2012, requiring specific formatting, numbering of paragraphs, and proper execution procedures. The document's versatility makes it essential in both litigation and non-litigation contexts across various sectors.
Suggested Sections

1. Title and Case Reference: Identifies the court, case number (if applicable), and parties involved

2. Deponent Information: Full name, NRIC/Passport number, occupation, and address of the person making the statement

3. Introduction: Standard declaration of the deponent's identity and capacity to make the statement

4. Basis of Knowledge: Explanation of how the deponent has knowledge of the facts stated

5. Statement of Facts: The main body containing numbered paragraphs of factual statements in chronological order

6. Verification Statement: Standard clause declaring the truthfulness of the statements made

7. Jurat/Attestation Clause: Details of when and where the affidavit was sworn/affirmed, including Commissioner for Oaths' details

Optional Sections

1. Preliminary Objections: Used when the affidavit is filed in response to legal proceedings and contains jurisdictional or procedural objections

2. Prayer/Request: Included when the affidavit is filed in support of a specific application, stating the relief sought

3. Undertaking: Added when the deponent needs to make specific promises to the court

4. Legal Submissions: Brief legal arguments supporting the statements, used in complex cases where legal context is necessary

5. Translation Certificate: Required when the affidavit includes documents in languages other than the court's official language

Suggested Schedules

1. Exhibit A, B, C etc.: Supporting documents referenced in the affidavit, with exhibit notes attached

2. Annexure List: Index of all exhibits attached to the affidavit with brief descriptions

3. Certificate of Translation: For any translated documents attached as exhibits

4. Document Authentication: Certifications or authentications of copied documents attached as exhibits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Healthcare

Education

Manufacturing

Construction

Government and Public Sector

Corporate Services

Import/Export

Telecommunications

Transportation and Logistics

Relevant Teams

Legal

Compliance

Corporate Secretarial

Human Resources

Risk Management

Operations

Administrative

Executive Management

Finance

Project Management

Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Risk Manager

Human Resources Director

Chief Executive Officer

Chief Financial Officer

Property Manager

Contract Administrator

Business Development Manager

Operations Manager

Project Manager

Administrative Officer

Claims Manager

Company Director

Industries
Evidence Act 1950: Primary legislation governing all forms of evidence in Malaysian courts, including documentary evidence such as affidavits
Rules of Court 2012: Contains specific requirements for the format, content, and execution of affidavits in Malaysian court proceedings
Statutory Declarations Act 1960: Governs the making of statutory declarations and related matters concerning oaths and affirmations
Commissioners for Oaths Act 1959: Regulates the appointment and powers of Commissioners for Oaths who are authorized to take and receive affidavits
Penal Code (Act 574): Contains provisions regarding false statements made under oath and penalties for perjury
Courts of Judicature Act 1964: Provides the basic framework for court proceedings where affidavits may be used as evidence
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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