Difference Between A Notary Public And A Commissioner For Oaths

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. Their work is 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 – documents certified by them are 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, such as court filings or government submissions.
3. 3
   Jurisdiction and Recognition

   Notary Public: Their acts are recognised globally, particularly when followed by consular legalisation or apostille (where applicable). They are essential for cross-border commercial transactions, immigration matters, and foreign court proceedings.
   
   Commissioner for Oaths: Their acts have no international standing and are valid only within Malaysia’s legal framework. Documents certified by a Commissioner for Oaths will not generally 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

While both offices serve important roles in ensuring the authenticity and credibility of legal documents, they operate under different statutory mandates. Engaging the correct officer avoids unnecessary delays, procedural defects, and potential rejection of documents by the receiving authority. To ensure your documents meet all jurisdictional requirements and are processed without issue, feel free to contact our office — our team will guide you through the entire process efficiently, accurately, and with care.

JCW LOW & ASSOCIATES
Advocates & Solicitors | Notary Public
B-2-26, Block Bougainvillea,
10 Boulevard, Lebuhraya SPRINT,
PJU 6A,
47400 Petaling Jaya,
Selangor, Malaysia.