APPOINTMENT OF AGENT – FOREIGN COMPANY-sample

MEMORANDUM of appointment of agent: under seal

Memorandum of Appointment of Agent of a Foreign Company

(company no:)
(Company registration number)

By this Memorandum of Appointment, A of … (‘the Company’) hereby

appoints O (NRIC - Number ...) of … as its agent in Malaysia for the
purpose of Division 2 of Part XI of the Companies Act 1965 ('the Agent').

The Agent shall be authorised to accept service of notice of process for

and on our behalf and any other notices that require to be served on the
Company.

Dated this ......... day of ......... 20...

IN WITNESS WHEREOF

The company seal of A )

was affixed onto this Memorandum )
[in accordance with the articles of association )
of the company or pursuant to the resolution )
of the company dated the ......... day of ......... )
20... or pursuant to the authority vested by a )
power of attorney dated the ......... )
day of ......... 20...] )

In the presence of

(Signature) (Signature)
(Name of director) (Name of director)
(Director) (Director)
[This is the Memorandum of Appointment annexed and marked ‘FC’ in
the [affidavit or statutory declaration] of (name of director making the
affidavit or statutory declaration) shown to me this ......... day of .........
20... .]

(Signature)
(Notary Public)

AFFIDAVIT verifying memorandum of appointment under seal

In the Matter of Section 332(1)(e) of

the Companies Act 1965
And
In the Matter of A

I, (name of director) (state passport number) of …. do hereby affirm and

say as follows:
1. I am a director of ……..
2. I was present and did see the ….. seal of A being affixed to the
Memorandum of Appointment dated the ......... day of ......... 20...,
a copy of which is annexed and marked `FC'.
3. The Memorandum of Appointment dated the ......... day of .........
20... annexed and market `FC' hereto was duly executed on
behalf of the company in such manner as to be binding on the
company.

[Sworn or Affirmed] by the ….. )

at ……………………………………. )
this ......... day of ......... 20... )

Before me
 (Signature)
(Notary Public)
MEMORANDUM of appointment of agent under : hand

Memorandum of Appointment of Agent of a Foreign Company

(Name of company)
(Company Registration Number)

By this Memorandum of Appointment, (name of foreign company) of …

(`the Company') hereby appoints … (state NRIC number) of … as its agent
in Malaysia for the purpose of Division 2 of Part XI of the Companies Act
1965 ('the Agent').

The Agent shall be authorised to accept service of notice of process for

and on our behalf and any other notices that require to be served on the
Company.

Dated this ......... day of ......... 20...

IN WITNESS WHEREOF, this Memorandum has been executed by (name

of director) pursuant to a Resolution of the Board of Directors (name of
foreign company) dated the ......... day of ......... 20...

(Signature)
(Name of director)
(Director)

This is the Memorandum of Appointment annexed market 'FC' in the

[affidavit or statutory declaration] of (and name of director making the
affidavit or statutory declaration) shown to me this ......... day of .........
20…….

(Signature)
(Notary Public)
 AFFIDAVIT verifying memorandum of appointment under hand

In the Matter of Section 332(1)(e) of

the Companies Act 1965
And
In the Matter of (name of foreign
company)

I, (name of director) (state passport number) of (address) do hereby [make

oath or affirm] and say as follows:
1. I am a director of (name of foreign company) ('the Company').
2. I was present and did sign the Memorandum of Appointment dated
the ......... day of ......... 20... a copy of which is annexed and
marked `FC-1' pursuant to a Resolution of the Board of Directors
of (name of foreign company) dated the ......... day of ......... 20... a
copy of which is annexed and marked 'FC-2'.
3. The Memorandum of Appointment was drawn up and executed on
behalf of the Company and is binding on the Company.

(Sworn or Affirmed] by the (name of director) )

at (place where the affidavit is made) )
this ......... day of ......... 20... )

Before me
(Signature)
(Notary Public)

POWER OF ATTORNEY

BY THIS POWER OF ATTORNEY given on this ......... day of ......... 20...,

we (name of foreign company) a company organised and existing under
and by virtue of (original country of the foreign company), having its
main or registered office at .. (hereinafter referred to as `the Company')
do hereby appoint:

(Name) (NRIC No ...) of … to be its true and lawful attorney to represent

the Company before all governmental and non-government bodies or
entities in Malaysia; to do and execute the following acts:
1. To act as the Company's agent in Malaysia under section 332(1)(e)
of the Malaysia Companies Act 1965 ('the Act') and the person
authorised to accept service of notice of process on behalf of the
Company and any other notices required to be served on the
Company.
2. To substitute and appoint one or more agent or agents in his place
in the event that he is unable or intends to cease to act as the
Company's agent and to execute and/or to sign a Memorandum of
Appointment, Statutory Declaration or any other documents which
may be required to be executed by the Company or any of its
officers for the appointment of a new agent or agents under the
Act.
3. To sign all documents, make any and all applications and take all
necessary or appropriate action in connection with such
applications in order that the Company is properly registered in
Malaysia.
4. To apply for and accept every type of license, permit and approval
required for the proper operation of the business of the Company
and to appoint, hire and dismiss all personnel (including applying
for and obtaining visas to allow the Company's foreign employees
to enter and reside in Malaysia), to lease premises for offices to
enter into tenancy agreements for residences, to manage and
operate the Company's offices or business premises in Malaysia, to
open and operate bank accounts in the name of the company in
Malaysia, and in general to perform all acts necessary to carry out
the services for and on behalf of the Company in Malaysia.
5. To comply will all laws, regulations, guidelines and by-laws for the
time being prevailing in Malaysia to give effect to this Power of
Attorney and the powers given hereunder.

IN WITNESS WHEREOF, the Company represented by (name of director)

[and (name of director or secretary)] has caused this Power of Attorney to
be duly executed [pursuant to the resolution of the Board of Directors
dated the ......... day ......... of 20...] and has caused the Company or
Corporate Seal of (name of foreign company) to be hereunto affixed
this ......... day of ......... 20... in accordance with its articles of
association.

(Signature) (Signature)
(Name of director) (Name of director or secretary)
Director Director/Secretary

DECLARATION accompanying certified translation

of foreign documents
I, (name of person translating document), do hereby solemnly and
sincerely declare that:

1. I am well versed in the written form of (state foreign language) and

in the (English or Malaysian National Language].
2. The attached documents:
(a) (describe document or documents)
(b) (describe document or documents)
are true and accurate [English or Malay] translations from the
original [foreign language] text.
And I make this solemn declaration conscientiously believing the same to
be true and correct.

(Signature)
(Name of translator)

[Signed before me]

( Signature)
[Official or Malaysian Consular Officer or Notary Public]
in ……