Act 115 Notaries Public Act 1959
Act 115 Notaries Public Act 1959
Act 115 Notaries Public Act 1959
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LAWS OF MALAYSIA
REPRINT
Act 115
NOTARIES PUBLIC
ACT 1959
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
First enacted ... ... ... ... ... ... … 1959 (Ordinance
No. 41 of 1959)
Revised … ... ... ... ... ... ... ... 1973 (Act 115 w.e.f.
1 August 1973)
PREVIOUS REPRINTS
Act 115
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Appointment of notaries public
4. Privileges of notaries public
5. Misconduct of notaries public
6. Penalty for exercise of functions of notary public by unauthorized
persons
7. Rules
8. Saving
9. Repeal and transitional provisions
Act 115
Short title
*Interpretation
2. In this Act, unless the context otherwise requires—
AdamL.N.
*NOTE—In its application to Sabah and Sarawak–see HaidaCo &
98/1965.
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Appointment of notaries public
*3. (1) Subject to subsection (3), the Attorney General may, from
time to time, appoint fit and proper persons to be notaries public
to practise within Peninsular Malaysia or Sabah or Sarawak or
such part of those territories for such period as may be specified
in the appointment.
(3) The Attorney General shall not make any appointment under
this section without consulting the Bar Council or, in relation to
Sabah or Sarawak, without consulting the State Attorney General.
(7) Every appointment under subsection (1) or (5) and the lapse
of every temporary appointment under subsection (6) shall be
published in the Gazette.
is to be found at page 1119 of Vol. 23 of the Adam Haida & CoStatutes of England.
*NOTE—A note on the powers and functions ordinarily exercised by notaries public in England
3rd Edition of Halsbury’s
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8 Laws of Malaysia ACT 115
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(iii) for the purpose of being used in any court or place
outside Malaysia,
and may take or attest any such affidavit or statutory
declaration; and
(b) have and exercise such other powers and functions as
may be prescribed.
Rules
7. (1) The Rules Committee in respect of Peninsular Malaysia
and the Chief Judge of the High Court in Sabah and Sarawak after
consultation with the State Attorney General concerned in respect
of Sabah and Sarawak may make rules—
(a) for the guidance and control of persons entitled to exercise
the functions of a notary public under this Act;
(2) All rules made under this section shall be published in the
Federal Gazette or the Sabah or the Sarawak State Gazette, as the
case may be.
*Saving
8. (1) Any person who immediately before the commencement of
this Act was lawfully entitled to practise as a notary public within
Peninsular Malaysia or any part thereof (other than a person entitled
to practise as a notary public in the State of Johore by virtue of
section 4 of the Notaries Public Ordinance 1947 [Ord. 47 of 1947])
shall be deemed to have been appointed a notary public in accordance
with this Act to practise as a notary public within Peninsular
Malaysia or (if he was entitled to practise only within a part of
Peninsular Malaysia) within such part as the case may be.
(2) (Omitted).
(3) The name of every person who has been deemed to have
been appointed a notary public by virtue of subsection (1) shall,
within three months of the coming into force of this Act, or such
longer period as the Attorney General may in any particular case
permit, be published in the Gazette; and such publication shall be
conclusive evidence of the right of every such person to practise
as a notary public under this section.
Adam L.N.
*NOTE—In its application to Sabah and Sarawak—see Haida & Co
98/1965.
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10 Laws of Malaysia ACT 115
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(2) Notwithstanding the repeal of the said Ordinance any rules
made thereunder and in force immediately before the commencement
of this Act shall, so far as they are not inconsistent with this Act,
be deemed to have been made under this Act, and shall continue
in force until revoked or repealed by rules made under this Act,
and shall, unless the context otherwise requires, apply and have
effect throughout Peninsular Malaysia.
Act 115
LIST OF AMENDMENTS
Act 115
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
Adam Haida & Co
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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