The Affidavit For Name Mismatch is a crucial legal document used in Malaysia when an individual needs to formally address and explain discrepancies in how their name appears across various official documents. These discrepancies might arise from clerical errors, marriage-related name changes, cultural naming conventions, or transliteration differences. The affidavit must be executed in accordance with Malaysian law, particularly the Statutory Declarations Act 1960, and requires attestation by a Commissioner for Oaths. It typically includes personal details, all name variations, explanations for the discrepancies, and references to supporting documents. This document is commonly required for various official purposes, including banking transactions, property dealings, legal proceedings, and government applications.
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1. Title and Heading: States 'AFFIDAVIT FOR NAME MISMATCH' along with the jurisdiction details and case reference number (if applicable)
2. Deponent Information: Full details of the person making the affidavit including current legal name, NRIC number, occupation, and address
3. Oath Statement: Standard declaration that the deponent is of legal age and competent to make the affidavit
4. Purpose Statement: Brief explanation of why the affidavit is being made - to clarify and confirm different versions of the deponent's name
5. List of Name Variations: Detailed listing of all different versions of the name as they appear in various documents
6. Explanation of Discrepancies: Reasons for the name variations (e.g., marriage, clerical errors, cultural naming conventions)
7. Declaration of Identity: Clear statement that all name variations refer to the same person
8. Supporting Documents Reference: List of all documents attached as evidence of the name variations
9. Verification Statement: Standard clause verifying that the contents of the affidavit are true and correct
1. Historical Background: Additional context about the deponent's name history, used when there's a complex background that needs explanation
2. Third Party Verification: Statements from family members or officials confirming the identity, used when additional verification is required
3. Previous Legal Actions: Details of any previous attempts to rectify the name mismatch, included if relevant
4. Future Name Usage: Statement about which name version will be used going forward, included when there's a need to establish a preferred name
1. Schedule A - Identity Documents: Copies of all relevant identity documents showing different name variations (IC, passport, birth certificate)
2. Schedule B - Supporting Documents: Additional documents supporting the explanation for name variations (marriage certificate, deed poll, etc.)
3. Schedule C - Document List: Comprehensive list of all documents where the name variations appear
4. Appendix 1 - Translation Certificates: Official translations of any documents in languages other than English or Bahasa Malaysia, if applicable
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