A Commissioner for Oaths CANNOT Certify True Copies of Documents

In Malaysia, the role of a Commissioner for Oaths is often misunderstood. While Commissioners are authorized to witness the signing of statutory declarations and affidavits, they are not permitted to certify true copies documents. This limitation is important, especially for individuals dealing with applications that require officially certified documents, such as visa submissions, university admissions, or certain legal processes.

The prohibition against Commissioners for Oaths certifying true copies is specified in the Federal Court’s Practice Direction dated 13th June 2005. This directive explicitly states that Commissioners for Oaths are not authorized to certify documents as true copies of the original.

For the certification of true copies, the proper authorities include:

Solicitors (Advocates & Solicitors): 

Practicing lawyers in Malaysia can verify that a photocopy of a document is a true copy of the original. They typically stamp and sign the copy, confirming its authenticity. This authority is granted under the Solicitors' Remuneration (Amendment) Order 2016, which allows lawyers to certify documents for a fee.

Notary Publics: 

A notary public, who is usually a senior lawyer appointed under the Notaries Public Act 1959, can certify documents for use both domestically and internationally. Their certification is often required for documents intended for foreign authorities.