The Power of Attorney Contract is a crucial legal instrument in Malaysian law that enables individuals or organizations to delegate authority for various actions and decisions. This document becomes necessary when someone needs another person to act on their behalf, whether due to temporary absence, physical incapacity, or business efficiency. The document must comply with the Powers of Attorney Act 1949 and other relevant Malaysian legislation, requiring careful drafting to specify the scope of powers granted, duration of authority, and any limitations. It's commonly used in both personal matters (such as property transactions or healthcare decisions) and business contexts (such as corporate representations or financial dealings). The document requires proper execution before a Commissioner for Oaths or Notary Public and may need registration with specific authorities depending on its intended use.
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1. Parties: Identification of the Principal (Donor) and the Attorney (Donee) with full legal names, identification numbers, and addresses
2. Background: Brief context explaining why the Power of Attorney is being created
3. Definitions: Definitions of key terms used throughout the document
4. Appointment: Formal appointment of the Attorney and declaration of the Principal's intention to grant powers
5. Scope of Authority: Detailed description of the powers being granted to the Attorney
6. Duration: Specification of when the Power of Attorney becomes effective and when it terminates
7. Attorney's Duties and Responsibilities: Outline of the Attorney's obligations, standard of care, and fiduciary duties
8. Governing Law: Specification that the Power of Attorney is governed by Malaysian law
9. Execution: Formal requirements for signing, witnessing, and attestation of the document
1. Multiple Attorneys Clause: Required when appointing more than one attorney, specifying whether they act jointly or severally
2. Specific Transactions: Needed when the POA is created for specific purposes or transactions only
3. Revocation Clause: Optional clause specifying conditions under which the POA may be revoked
4. Compensation: Required when the Attorney is to receive compensation for their services
5. Successor Attorney: Optional provision for appointing a replacement attorney if the primary attorney cannot serve
6. Foreign Powers: Required when the POA needs to be effective in other jurisdictions
7. Healthcare Decisions: Optional section for granting authority over medical and healthcare decisions
1. Schedule A - List of Properties: Detailed list of properties over which the Attorney has authority
2. Schedule B - Specific Powers: Itemized list of specific powers granted to the Attorney
3. Schedule C - Excluded Powers: List of powers specifically excluded from the Attorney's authority
4. Appendix 1 - Identity Documents: Copies of identification documents of the Principal and Attorney
5. Appendix 2 - Certificate of Mental Capacity: When required, medical certificate confirming the Principal's mental capacity
6. Appendix 3 - Witness Attestation: Formal attestation by witnesses including their details and signatures
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Power Of Attorney Contract
A Malaysian Power of Attorney document authorizing an appointed person or entity to act on behalf of the principal in specified legal and business matters.
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