Attestation on Memorandum of Transfer - 2009/12/29 18:22I have a case in which the Memorandum of Transfer was attested by a Notary Public in Philippines.
I have check through the National Land Code and found out that in Fifth Schedule Section 1(10) where it stated that :-
In any places other than those referred to in the preceding sub-paragraph
(a) a diplomatic officer of Malaysia (b) any person or class or description of persons approved in that behalf by the Minister on the recommendation of the National Land Council
Nevertheless, I couldn't find the list of person of (b) in the Ministry's website.
Therefore I need assistance from you as to the followings:-
1. whether Notary Public from Philippines is authorised under NLC to attest Memorandum of Transfer;
2. is there any list in respect of the aforesaid 10(b) and if yes, where can I get it.
Thank you.
Regards,
TH Teh
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Teo Siew Chin
User Junior Forumer
Posts: 79
Re:Attestation on Memorandum of Transfer - 2010/01/05 14:25Dear Tat Hon - perhaps it is pertinent to consider whether said country is part of the Commonwealth?
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Raymond Chu Hon Fai
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Posts: 32
Re:Attestation on Memorandum of Transfer - 2010/01/20 12:41Perhaps a parallel comparison can be drawn from Akta Pengurusan Danaharta Nasional Berhad 1998 ( Akta 587).
Under s.18 of the 1998 Act, entitled " Vesting of asset outside Malaysia", it is provided that a vesting certificate issued under section 14 may relate to any asset of the seller outside Malaysia and if so relates, effect may be given to it either in accordance with any reciprocal arrangeents relating to enforcement of judgments that may exist between Malaysia and the country, territory or place outside Malaysia where such asset is located, or where there are no such arrangements, in accordance with the law applicable in such country, territory or place."
If the party involved is outside Malaysia and do acquire properties outside Malaysia, then, it seems the provision on vesting of asset outside Malaysia would be read with this Act. Somehow the management of assets and liabilities are brought together in this Act. Again, this is only a parallel comparison since even the Sabah and Sarawak Land Code is by far conclusive.
This explains why s.16(3) of the 1998 Act states, " Notwithstanding any provision in the National Land Code, the Land Ordinance of Sabah, the Land Code of Sarawah or any other law, a vesting certificate shall be conclusive evidence of a vesting instrument of an interests in land in the Corporation."
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Annie Yin
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Posts: 1
Re:Attestation on Memorandum of Transfer - 2010/01/21 16:52Dear Tat Hon
I hope this helps:
The Philippines is not a Commonwealth country, hence, Section 1(9)of the 5th Sch of the NLC, does not apply. Following Section 1(10), execution of the MOT should be before a Diplomatic Officer of Malaysia at the Malaysian Embassy in the Philippines.
Referring to Qn 2: Neither can I find the list of persons referred to Section 1(10)(b). When I made similar enquiry for the said list with the Wilayah Land Office, I was informed that they do not have it either.
Seems to me, for execution of any instrument of dealings at a non-Commonwealth country is required to be made before a diplomatic officer of Malaysia.
Please correct me if I am wrong, my Learned Friends.
Thank you and regards Annie Yin
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Raymond Chu Hon Fai
User Fresh Forumer
Posts: 32
Re:Attestation on Memorandum of Transfer - 2010/01/26 18:43Quite unlikely the ambassador of another country would repeat this stance unless the document is so important, like an international document, perhaps !
My contribution on the Akta Pengurusan Danaharta Nasional Berhad 1998 is on vesting of asset outside M'sia.
Don't think any primary or supplementary list is the issue with that 1998 Act. Hence, I have taken a comparative study on these two issues with the NLC and discover that the law do draw a parallel study on both laws pertaining to assets outside M'sia.
Maybe, someone can enlighten on this issue.
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