In a previous post, I explained Malaysia is not a signatory to the Apostille Convention. Consequently, Malaysian public documents for use in foreign jurisdictions are not authenticated by the simple procedure of affixing an apostille. Instead, such documents must undergo a process called legalization. This requires officials in both Malaysia and the foreign country to vet the document concerned.
On the Malaysian side, the authentication is carried out by the Consular Division of the Ministry of Foreign Affairs. The documents concerned are both public documents such as passports, birth certificates and other documents issued by relevant authorities but also what may be called quasi-public documents such as statutory declarations and powers of attorney. The ministry sets a target of authenticating documents within one working day after submission.
However, it is important to note that certain earlier steps may need to be taken before submission to the ministry. Some documents require prior certification by other authorities. For example, a Malaysian school certificate must first be certified by the relevant education ministry, and a health certificate by the health ministry. In this connection, it should be mentioned that some types of documents must be notarised prior to submission to the Consular Division. The documents concerned include a) various prescribed forms under the Companies Act, b) powers of attorney, c) affidavits, and d) agreements and contracts.
A further condition is that documents translated from Malay to another language must also be certified as translated by an authorised translator.
More details can be obtained by the ministry’s web site, www.kln.gov.my or you can send your queries by email to konsular@kln.gov.my.
Malaysia is now a signatory of the Hague Convention. Your information is now out of date
Hi James. Thank you for your comment. May I ask for the source of your information? After reading your comment, I checked the Hague Convention web site and the Malaysian Foreign Ministry web site but cannot find any reference to it.
Hello Mr Yeap, Section 4 of the Powers of Attorney Act 1949 includes “Notary Public” in their list of persons who may authenticate a power of attorney which has been executed outside of Peninsular Malaysia, but it is unclear if “Notary Public” includes those in foreign jurisdictions. If a power of attorney is executed and authenticated by a notary public in a foreign jurisdiction, would it be accepted for registration by the High Court? The FAQ section on powers of attorney at kehakiman.gov.my also does not throw much light on this. As the provisions are rather wide, my thinking is that authentication by foreign notaries public would be acceptable. Your thoughts please? Thank you.
Hi Ruby. In my view, if the PA is authenticated by a notary of a foreign jurisdiction, it is in principle acceptable for registration by the Malaysian High Court.
Hi, I am currently living in the Netherlands and am looking for a service to legalize my Malaysian Birth Certificate for use in The Netherlands. Would you be able to help me or direct me to someone who can?
Hi Abhoy, I will reply to you by email. Thank you.
Hi,,, I am planning to make Aliyah to Israel under the Law of Return. I am a Malaysian citizen and I need to legalise my birth certificate for use in Israel. My problem is Malaysia has yet to sign the Apostille Convention.
Yes, Lawrence, Malaysia is not a signatory. Documents therefore need to undergo a legalization process. Should you wish to discuss this further, do email me at leslieyeap@yy.com.my
Hi, I need to have my daughters school records from St Christophers Primary School in Penang authenticated to allow her entry to school in Philippines. Is that something that you can assist us with?
Hi John. Can you please email me at leslieyeap21@gmail.com to discuss?