How to Notarize Documents (Special Power of Attorney) in Malaysia

Working overseas leaves Filipinos with limited control over certain things they can do in the Philippines since they are not physically present in the country. That being said, there are certain documents you can acquire to carry out activities in the Philippines on your behalf. One of these is a special power of attorney (SPA) issued by the Philippine Embassy in Kuala Lumpur, Malaysia.

If you’ve never used or even heard of this document, then you’d greatly benefit from this guide. This is especially helpful for overseas Filipinos based in Malaysia and will file this document through the Philippine Embassy. If you’re an OFW or immigrant in Malaysia, keep reading until the end to learn more.

Contents

Guide to Availing of Notarial Services (Special Power of Attorney) at the Philippine Embassy in Malaysia

How to Notarize Documents (Special Power of Attorney) in Malaysia

In this short guide, you will learn more about what the Special Power of Attorney (SPA) is, its applications, the requirements, and process for filing, and some frequently asked questions. You might think that getting this document from abroad can be complicated since you’ll be doing this from a foreign country. But remember that you’ll follow the process employed by the DFA across various Philippine foreign posts across the world. That said, the process is pretty much standard. If you’re ready to learn, then let’s get started!

What is a Special Power of Attorney?

A special power of attorney (SPA) is a type of legal document that allows one person to make certain financial and legal decisions for another person.

The powers of attorney can be used to delegate certain actions that the principal can perform on his or her own. However, such acts are not allowed to be delegated to an agent.

When an agent acts on behalf of the principal, the liability of the third party is the Principal’s responsibility, not the agent’s.

The agent is not liable to third parties unless he or she acts without authority. This includes when the agent exceeds the authority granted to him by the principal.

The principal can also allow the agent to appoint a sub-agent to perform certain tasks on behalf of the principal.

This form can be completed by filling in the details of the designated person, such as his or her name, address, and citizenship.

The person who is designated as the power of attorney must be 18 years old or older. He or she must also specify the actions that the agent can perform and the time frame during which the power of attorney will be valid.

Even though a power of attorney is not certified or notarized by a notary, it can still be valid even if it’s signed in a foreign country.

Requirements

The requirements for notarial services at the Embassy are as follows:

  • Clear scanned copy of a valid Passport
  • Clear scanned copy of a valid Visa
  • Special Power of Attorney – You can download a power of attorney form from the embassy website or type it in on your own.

Fees

The consular fee for an SPA at the Embassy in Kuala Lumpur is RM 120 each (USD 29 or PHP 1,460).

Procedures

Note: The processing of notarial services is between 9:00 am to 3:00 pm, so be sure to come on time. But before heading out, you need to book an appointment online first.

How to Book an Appointment Online

Step 1: Go to the Philippine Embassy in Malaysia’s online appointment system by clicking HERE.

Step 2: Pick the service that you will avail of at the Embassy (Notarial and Authentication).

Step 3: Select a booking date. Click ‘Continue’ to proceed.

Step 4: Type your first and last name, birthday, phone number, and email address. Click “SUBMIT”.

Step 5: An Appointment Letter will pop up. Take a photo/download/print the appointment letter.

The appointment letter will be automatically sent to your email address. In case you do not have the correct email address, please check your SPAM inbox.

Once you’ve secured an appointment at the Embassy, these are the next steps that you need to perform on the day of your appointment:

Submission:

1. Sign the visitor logbook at the entrance.

2. Show the guard or officer in charge at the embassy your appointment schedule.

3. Proceed to the designated window for notarial and submit your documents.

You might be asked to note certain information for your transaction, such as your passport number, date of issue, and place of issue.

4. Pay the fee at the cashier. Make sure to get the receipt as proof of payment for your transaction.

Collection:

1. Return to the embassy on the date and time specified on your receipt.

2. Sign the visitor logbook at the entrance.

3. Submit your receipt at the tray placed at the releasing window.

There’s no need to get a number. The officers will look up your details in the system based on the receipt they issued.

4. Wait for your name to be called.

5. Collect your Special Power of Attorney.

Before heading out, make sure that everything is in order, meaning you have all your documents and that all the information in the documents is complete and accurate. Once you’ve confirmed that everything is in order, you may now proceed home and process the transaction that you need your SPA for.

Video: How to Get an SPA at the Philippine Embassy

Here’s a video shared by an OFW based in Israel regarding her experience in applying for an SPA abroad. In this video, she details the requirements, steps, and some tips on how this procedure can be done with ease.

Frequently Asked Questions

What is a Consularized Special Power of Attorney in the Philippines?

A consularized power of attorney is a type of agreement that gives the person designated as the power of attorney the authority to sign documents and receive bank loan proceeds.

What makes a Consularized Special Power of Attorney different from a Notarized Power of Attorney?

Notarized Special Power of Attorney

A notarized special power of attorney is usually signed by an overseas Filipino worker while he or she is staying in the Philippines. This type of agreement can prevent a person from carrying out transactions.

A Notarized Special Power of Attorney is needed to allow a family member in the Philippines to complete a transaction on behalf of the worker.

This form of agreement usually requires the signature of the designated grantor or executor, as well as a copy of the passport.

The date on which you signed and notarized your Notarized Special Power of attorney must be within the date of arrival or departure of your passport.

An SPA doesn’t imply ownership of the attorney in fact. It only authorizes them to perform certain legal activities related to the ownership of property.

Special Power of Attorney (SPA)

This document gives authority on all or some of the following on behalf of the client (OFW) in case they cannot stay in the Philippines for a long time:

  • Sign Documents (Bank Forms – If Loaned and Contracts)
  • Receive Proceeds of Bank Loan – If Loaned
  • Execute and Sign Contract to Sell and Deed of Absolute Sale
  • Passport – photocopy of identification portion and arrival and departure stamps portions
  • Job Contract and payslips if any – Needed for bank loan purposes
  • Bank Statements – Needed for bank loan purposes

What are the required documents needed for my Special Power of Attorney to be Consularized by the Philippine Embassy?

When you submit a Special Power of Attorney to the Philippine Embassy, you need to bring with you both the form and your passport.

Some Philippine Embassies require that you bring additional documents such as government-issued IDs. This is why it is important that you first call the embassy to confirm if there are other requirements.

Where can I obtain the Special Power of Attorney form?

A typical Special Power of Attorney (SPA) form follows a certain format.  However, it is also important that the form is formatted to fit your objective.

In the Philippines, there are people who use a specific type of form when they apply for a bank loan. You can always ask your family member to get a copy of this document at the bank.

To avoid having to go to the bank, try searching for the appropriate forms online. Otherwise, you can try to secure a copy of the form at the bank.

Who are the ones eligible or authorized to be my representative or to be granted the Consularized Special Power of Attorney in the Philippines?

Your family members in the Philippines are your legal representatives when it comes to carrying out transactions in the country. This is because they are the ones who are authorized to carry out the transactions on your behalf.

Summary

There you have it!  Getting an SPA at the Philippine Embassy in Malaysia shouldn’t be a challenging task, since you can prepare most of the requirements ahead of time. Furthermore, booking an appointment at the Embassy ensures that you won’t have to wait in long queues or miss the cut on the day of your visit at the Embassy.

READ NEXT: Services Offered by Malaysia Philippine Embassy and Overseas Labor Office

Contact Information

Embassy of Philippines in Kuala Lumpur

ADDRESS: 1 Jalan Changkat Kia Peng 50450 Kuala Lumpur, Malaysia

PHONE LOCAL: (03) 2148.4233

INTERNATIONAL: +60.3.2148.4233

FAX        LOCAL: (03) 2148.3576

INTERNATIONAL: +60.3.2148.3576

EMAIL:  pe.kualalumpur@dfa.gov.ph

WEB SITE:  http://www.philembassykl.org.my/

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