Is an electronic signature legal in Malaysia?
The ECA provides that information is not denied legal effect merely for being electronic (s.6(1)). A “digital signature” under the DSA — certified by a licensed certification authority — is as legally binding as a handwritten signature (s.62). So an ordinary reliable electronic signature is valid for commercial transactions, while a DSA digital signature is the enhanced, certificate-based form.
What types of electronic signature are recognized in Malaysia?
Under the ECA an electronic signature must be attached or associated with the message, adequately identify the person and show approval, and be “as reliable as appropriate” — the creation means under that person’s sole control, with tamper-evidence for the signature and the document. A DSA “digital signature” uses asymmetric cryptography and must be verifiable via a valid licensed-CA certificate and affixed with intent to sign.
What documents can be signed electronically in Malaysia?
Available for any commercial transaction (contractual or not) — supply or exchange of goods and services, agency, investments, financing, banking, and insurance — including federal and state government commercial transactions.
What documents cannot be signed electronically in Malaysia?
Some documents need additional formalities (attestation by a Commissioner for Oaths or notarization) — for example annual financial statements lodged with the Companies Commission, and sealed instruments dealing with real property and transfers.
What court cases have addressed eSignatures in Malaysia?
Yam Kong Seng & Anor v Yee Weng Kai [2014] 4 MLJ 478
