Electronic Conveyancing and Other Matters Bill

This Act is the Electronic Conveyancing and Other Matters Act 2025 and comes into operation on a date that the Minister appoints by notification in the Gazette.

AMENDMENT OF ELECTRONIC TRANSACTIONS ACT 2010

In the Electronic Transactions Act 2010, after Part 2A, insert —“PART 2BELECTRONIC TRANSACTIONS RELATING TO INTERESTS IN IMMOVABLE PROPERTYInterpretation of this Part16T.—(1) In this Part —“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any immovable property, or on any other dealing with or for any immovable property; and “convey” has a corresponding meaning;“conveyancing transaction” means the conveyance, transfer or grant of any estate, interest or right in respect of immovable property, and includes —(a)the sale, purchase or assignment of any immovable property;(b)the grant or surrender of a lease, licence or tenancy in respect of immovable property; and(c)the grant of a mortgage of or charge on immovable property, or the redemption or discharge thereof;“prescribed electronic transaction system” means any electronic transaction system specified in the Fifth Schedule.(2) For the purposes of sections 16U(a), 16V(a) and 16W(3)(a), where an electronic record meets the requirement of being stored in a prescribed electronic transaction system, the requirement does not cease to be met by reason only that the electronic record is subsequently retained in another information system.(3) The Minister may, by order in the Gazette, amend the Fifth Schedule.Contract for disposition of immovable property16U. Where a rule of law (including section 6(d) of the Civil Law Act 1909) requires a contract for the sale or other disposition of immovable property, or any interest in such property, to be in writing and signed, or provides for certain consequences if the contract is not in writing and signed —(a)that requirement for the contract for the sale or other disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and(b)that requirement for the contract for the sale or other disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.Disposition of equitable interest16V. Where a rule of law (including section 7(2) of the Civil Law Act 1909) requires a disposition of an equitable interest respecting any immovable property or interest in such property, to be in writing and signed, or provides for certain consequences if the disposition is not in writing and signed —(a)that requirement for the disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and(b)that requirement for the disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.Conveyance of immovable property, etc.16W.—(1) Where a rule of law (including sections 24 and 53 of the Conveyancing and Law of Property Act 1886) requires a conveyance of immovable property or the transfer of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the conveyance or transfer is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(2) Where a rule of law requires a document or instrument to secure, guarantee or indemnify the payment of moneys or liabilities owing or payable under a mortgage of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the document or instrument is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(3) The conditions mentioned in subsections (1) and (2) are that —(a)the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system;(b)the electronic record clearly states on its face that it is intended to be a deed by each person executing it as a deed;(c)each person signing the electronic record signs the electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system;(d)where the person executing the electronic record as a deed is an individual — the signature of the individual executing the electronic record in the prescribed electronic transaction system is applied in the presence of a witness, who attests the signatory’s execution of the electronic record;(e)where the person executing the electronic record as a deed is a body corporate —(i)the electronic record is sealed by the application of that person’s electronic seal to the electronic record in the prescribed electronic transaction system; or(ii)that person executes the electronic record in the prescribed electronic transaction system without affixing a common seal in accordance with —(A)in the case of a company — sections 41B and 41C of the Companies Act 1967;(B)in the case of a limited liability partnership — sections 7 and 8 of the Limited Liability Partnerships Act 2005;(C)in the case of a variable capital company — section 25(2) of the Variable Capital Companies Act 2018; or(D)in any other case — such other requirements in lieu of sealing as may be provided under written law for that person; and(f)each person executing the electronic record as a deed delivers the executed electronic record as a deed in the prescribed electronic transaction system.(4) In this section —“attest”, in relation to the witness mentioned in subsection (3)(d), means to sign the electronic record in the prescribed electronic transaction system (by applying a prescribed secure electronic signature) for the purpose of recording on the electronic record the witness’ witnessing of the execution of the electronic record by the signatory mentioned in that provision;“electronic seal” means an electronic symbol of a seal that is affixed to an electronic record using a method that identifies the person who affixed the seal, where the method used is either —(a)as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or(b)proven in fact to have fulfilled the function of identifying the person who affixed the seal, by itself or together with further evidence.Remote witnessing of execution of document for conveyancing transaction16X.—(1) This section applies to the witnessing and attestation in Singapore, of the execution in Singapore, of any document (in the form of an electronic record) executed in a prescribed electronic transaction system for the purpose of carrying out a conveyancing transaction.(2) Where a rule of law (including section 16W(3)(d)) requires that the signing of a document mentioned in subsection (1) by a person be in the presence of a witness, or provides for certain consequences if the signing of the document is not in the presence of a witness, that requirement is met by the virtual presence of a witness through an electronic means if —(a)a method that meets the requirements of subsection (3) is used to enable the witness to witness the signing of the document by the signatory, and to attest (in accordance with any requirement as may be prescribed) the signatory’s signing of the document; and(b)the method used is either —(i)as reliable as appropriate for the purpose for which the electronic record is to be signed in the presence of a witness, in the light of all the circumstances, including any relevant agreement; or(ii)proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.(3) The method mentioned in subsection (2)(a) must include live two‑way interactive audiovisual communications, and must enable the witness to —(a)maintain visual contact and communicate with the signatory throughout the process;(b)confirm the identity of the signatory;(c)verify, by a method of accessing the electronic record, the contents of the electronic record being signed, including the signatory’s electronic signature after it is applied to the document;(d)confirm that the document which the witness later signs is the same document signed by the signatory; and(e)fulfil any other prescribed requirement.(4) For the purposes of this section, the witnessing of a signatory’s execution of a document takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:(a)the signatory;(b)the witness.Regulations for this Part16Y. The Minister may make regulations to prescribe anything which is required or permitted to be prescribed under this Part and generally for the carrying out of the provisions of this Part.”.

For the purposes of sections 16U(a), 16V(a) and 16W(3)(a), where an electronic record meets the requirement of being stored in a prescribed electronic transaction system, the requirement does not cease to be met by reason only that the electronic record is subsequently retained in another information system.

The Minister may, by order in the Gazette, amend the Fifth Schedule.

Where a rule of law requires a document or instrument to secure, guarantee or indemnify the payment of moneys or liabilities owing or payable under a mortgage of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the document or instrument is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.

The conditions mentioned in subsections (1) and (2) are that —(a)the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system;(b)the electronic record clearly states on its face that it is intended to be a deed by each person executing it as a deed;(c)each person signing the electronic record signs the electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system;(d)where the person executing the electronic record as a deed is an individual — the signature of the individual executing the electronic record in the prescribed electronic transaction system is applied in the presence of a witness, who attests the signatory’s execution of the electronic record;(e)where the person executing the electronic record as a deed is a body corporate —(i)the electronic record is sealed by the application of that person’s electronic seal to the electronic record in the prescribed electronic transaction system; or(ii)that person executes the electronic record in the prescribed electronic transaction system without affixing a common seal in accordance with —(A)in the case of a company — sections 41B and 41C of the Companies Act 1967;(B)in the case of a limited liability partnership — sections 7 and 8 of the Limited Liability Partnerships Act 2005;(C)in the case of a variable capital company — section 25(2) of the Variable Capital Companies Act 2018; or(D)in any other case — such other requirements in lieu of sealing as may be provided under written law for that person; and(f)each person executing the electronic record as a deed delivers the executed electronic record as a deed in the prescribed electronic transaction system.

In this section —

Where a rule of law (including section 16W(3)(d)) requires that the signing of a document mentioned in subsection (1) by a person be in the presence of a witness, or provides for certain consequences if the signing of the document is not in the presence of a witness, that requirement is met by the virtual presence of a witness through an electronic means if —(a)a method that meets the requirements of subsection (3) is used to enable the witness to witness the signing of the document by the signatory, and to attest (in accordance with any requirement as may be prescribed) the signatory’s signing of the document; and(b)the method used is either —(i)as reliable as appropriate for the purpose for which the electronic record is to be signed in the presence of a witness, in the light of all the circumstances, including any relevant agreement; or(ii)proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.

The method mentioned in subsection (2)(a) must include live two‑way interactive audiovisual communications, and must enable the witness to —(a)maintain visual contact and communicate with the signatory throughout the process;(b)confirm the identity of the signatory;(c)verify, by a method of accessing the electronic record, the contents of the electronic record being signed, including the signatory’s electronic signature after it is applied to the document;(d)confirm that the document which the witness later signs is the same document signed by the signatory; and(e)fulfil any other prescribed requirement.

For the purposes of this section, the witnessing of a signatory’s execution of a document takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:(a)the signatory;(b)the witness.

In this Part —

Where a rule of law (including sections 24 and 53 of the Conveyancing and Law of Property Act 1886) requires a conveyance of immovable property or the transfer of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the conveyance or transfer is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.

This section applies to the witnessing and attestation in Singapore, of the execution in Singapore, of any document (in the form of an electronic record) executed in a prescribed electronic transaction system for the purpose of carrying out a conveyancing transaction.

“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any immovable property, or on any other dealing with or for any immovable property; and “convey” has a corresponding meaning;

“conveyancing transaction” means the conveyance, transfer or grant of any estate, interest or right in respect of immovable property, and includes —(a)the sale, purchase or assignment of any immovable property;(b)the grant or surrender of a lease, licence or tenancy in respect of immovable property; and(c)the grant of a mortgage of or charge on immovable property, or the redemption or discharge thereof;

“prescribed electronic transaction system” means any electronic transaction system specified in the Fifth Schedule.

“attest”, in relation to the witness mentioned in subsection (3)(d), means to sign the electronic record in the prescribed electronic transaction system (by applying a prescribed secure electronic signature) for the purpose of recording on the electronic record the witness’ witnessing of the execution of the electronic record by the signatory mentioned in that provision;

“electronic seal” means an electronic symbol of a seal that is affixed to an electronic record using a method that identifies the person who affixed the seal, where the method used is either —(a)as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or(b)proven in fact to have fulfilled the function of identifying the person who affixed the seal, by itself or together with further evidence.

—(1) In this Part —“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any immovable property, or on any other dealing with or for any immovable property; and “convey” has a corresponding meaning;“conveyancing transaction” means the conveyance, transfer or grant of any estate, interest or right in respect of immovable property, and includes —(a)the sale, purchase or assignment of any immovable property;(b)the grant or surrender of a lease, licence or tenancy in respect of immovable property; and(c)the grant of a mortgage of or charge on immovable property, or the redemption or discharge thereof;“prescribed electronic transaction system” means any electronic transaction system specified in the Fifth Schedule.(2) For the purposes of sections 16U(a), 16V(a) and 16W(3)(a), where an electronic record meets the requirement of being stored in a prescribed electronic transaction system, the requirement does not cease to be met by reason only that the electronic record is subsequently retained in another information system.(3) The Minister may, by order in the Gazette, amend the Fifth Schedule.

In this Part —

“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any immovable property, or on any other dealing with or for any immovable property; and “convey” has a corresponding meaning;

“conveyancing transaction” means the conveyance, transfer or grant of any estate, interest or right in respect of immovable property, and includes —(a)the sale, purchase or assignment of any immovable property;(b)the grant or surrender of a lease, licence or tenancy in respect of immovable property; and(c)the grant of a mortgage of or charge on immovable property, or the redemption or discharge thereof;

“prescribed electronic transaction system” means any electronic transaction system specified in the Fifth Schedule.

For the purposes of sections 16U(a), 16V(a) and 16W(3)(a), where an electronic record meets the requirement of being stored in a prescribed electronic transaction system, the requirement does not cease to be met by reason only that the electronic record is subsequently retained in another information system.

The Minister may, by order in the Gazette, amend the Fifth Schedule.

Where a rule of law (including section 6(d) of the Civil Law Act 1909) requires a contract for the sale or other disposition of immovable property, or any interest in such property, to be in writing and signed, or provides for certain consequences if the contract is not in writing and signed —(a)that requirement for the contract for the sale or other disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and(b)that requirement for the contract for the sale or other disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.

Where a rule of law (including section 7(2) of the Civil Law Act 1909) requires a disposition of an equitable interest respecting any immovable property or interest in such property, to be in writing and signed, or provides for certain consequences if the disposition is not in writing and signed —(a)that requirement for the disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and(b)that requirement for the disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.

—(1) Where a rule of law (including sections 24 and 53 of the Conveyancing and Law of Property Act 1886) requires a conveyance of immovable property or the transfer of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the conveyance or transfer is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(2) Where a rule of law requires a document or instrument to secure, guarantee or indemnify the payment of moneys or liabilities owing or payable under a mortgage of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the document or instrument is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(3) The conditions mentioned in subsections (1) and (2) are that —(a)the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system;(b)the electronic record clearly states on its face that it is intended to be a deed by each person executing it as a deed;(c)each person signing the electronic record signs the electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system;(d)where the person executing the electronic record as a deed is an individual — the signature of the individual executing the electronic record in the prescribed electronic transaction system is applied in the presence of a witness, who attests the signatory’s execution of the electronic record;(e)where the person executing the electronic record as a deed is a body corporate —(i)the electronic record is sealed by the application of that person’s electronic seal to the electronic record in the prescribed electronic transaction system; or(ii)that person executes the electronic record in the prescribed electronic transaction system without affixing a common seal in accordance with —(A)in the case of a company — sections 41B and 41C of the Companies Act 1967;(B)in the case of a limited liability partnership — sections 7 and 8 of the Limited Liability Partnerships Act 2005;(C)in the case of a variable capital company — section 25(2) of the Variable Capital Companies Act 2018; or(D)in any other case — such other requirements in lieu of sealing as may be provided under written law for that person; and(f)each person executing the electronic record as a deed delivers the executed electronic record as a deed in the prescribed electronic transaction system.(4) In this section —“attest”, in relation to the witness mentioned in subsection (3)(d), means to sign the electronic record in the prescribed electronic transaction system (by applying a prescribed secure electronic signature) for the purpose of recording on the electronic record the witness’ witnessing of the execution of the electronic record by the signatory mentioned in that provision;“electronic seal” means an electronic symbol of a seal that is affixed to an electronic record using a method that identifies the person who affixed the seal, where the method used is either —(a)as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or(b)proven in fact to have fulfilled the function of identifying the person who affixed the seal, by itself or together with further evidence.

Where a rule of law (including sections 24 and 53 of the Conveyancing and Law of Property Act 1886) requires a conveyance of immovable property or the transfer of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the conveyance or transfer is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.

“attest”, in relation to the witness mentioned in subsection (3)(d), means to sign the electronic record in the prescribed electronic transaction system (by applying a prescribed secure electronic signature) for the purpose of recording on the electronic record the witness’ witnessing of the execution of the electronic record by the signatory mentioned in that provision;

“electronic seal” means an electronic symbol of a seal that is affixed to an electronic record using a method that identifies the person who affixed the seal, where the method used is either —(a)as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or(b)proven in fact to have fulfilled the function of identifying the person who affixed the seal, by itself or together with further evidence.

Where a rule of law requires a document or instrument to secure, guarantee or indemnify the payment of moneys or liabilities owing or payable under a mortgage of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the document or instrument is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.

The conditions mentioned in subsections (1) and (2) are that —(a)the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system;(b)the electronic record clearly states on its face that it is intended to be a deed by each person executing it as a deed;(c)each person signing the electronic record signs the electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system;(d)where the person executing the electronic record as a deed is an individual — the signature of the individual executing the electronic record in the prescribed electronic transaction system is applied in the presence of a witness, who attests the signatory’s execution of the electronic record;(e)where the person executing the electronic record as a deed is a body corporate —(i)the electronic record is sealed by the application of that person’s electronic seal to the electronic record in the prescribed electronic transaction system; or(ii)that person executes the electronic record in the prescribed electronic transaction system without affixing a common seal in accordance with —(A)in the case of a company — sections 41B and 41C of the Companies Act 1967;(B)in the case of a limited liability partnership — sections 7 and 8 of the Limited Liability Partnerships Act 2005;(C)in the case of a variable capital company — section 25(2) of the Variable Capital Companies Act 2018; or(D)in any other case — such other requirements in lieu of sealing as may be provided under written law for that person; and(f)each person executing the electronic record as a deed delivers the executed electronic record as a deed in the prescribed electronic transaction system.

In this section —

—(1) This section applies to the witnessing and attestation in Singapore, of the execution in Singapore, of any document (in the form of an electronic record) executed in a prescribed electronic transaction system for the purpose of carrying out a conveyancing transaction.(2) Where a rule of law (including section 16W(3)(d)) requires that the signing of a document mentioned in subsection (1) by a person be in the presence of a witness, or provides for certain consequences if the signing of the document is not in the presence of a witness, that requirement is met by the virtual presence of a witness through an electronic means if —(a)a method that meets the requirements of subsection (3) is used to enable the witness to witness the signing of the document by the signatory, and to attest (in accordance with any requirement as may be prescribed) the signatory’s signing of the document; and(b)the method used is either —(i)as reliable as appropriate for the purpose for which the electronic record is to be signed in the presence of a witness, in the light of all the circumstances, including any relevant agreement; or(ii)proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.(3) The method mentioned in subsection (2)(a) must include live two‑way interactive audiovisual communications, and must enable the witness to —(a)maintain visual contact and communicate with the signatory throughout the process;(b)confirm the identity of the signatory;(c)verify, by a method of accessing the electronic record, the contents of the electronic record being signed, including the signatory’s electronic signature after it is applied to the document;(d)confirm that the document which the witness later signs is the same document signed by the signatory; and(e)fulfil any other prescribed requirement.(4) For the purposes of this section, the witnessing of a signatory’s execution of a document takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:(a)the signatory;(b)the witness.

This section applies to the witnessing and attestation in Singapore, of the execution in Singapore, of any document (in the form of an electronic record) executed in a prescribed electronic transaction system for the purpose of carrying out a conveyancing transaction.

Where a rule of law (including section 16W(3)(d)) requires that the signing of a document mentioned in subsection (1) by a person be in the presence of a witness, or provides for certain consequences if the signing of the document is not in the presence of a witness, that requirement is met by the virtual presence of a witness through an electronic means if —(a)a method that meets the requirements of subsection (3) is used to enable the witness to witness the signing of the document by the signatory, and to attest (in accordance with any requirement as may be prescribed) the signatory’s signing of the document; and(b)the method used is either —(i)as reliable as appropriate for the purpose for which the electronic record is to be signed in the presence of a witness, in the light of all the circumstances, including any relevant agreement; or(ii)proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.

The method mentioned in subsection (2)(a) must include live two‑way interactive audiovisual communications, and must enable the witness to —(a)maintain visual contact and communicate with the signatory throughout the process;(b)confirm the identity of the signatory;(c)verify, by a method of accessing the electronic record, the contents of the electronic record being signed, including the signatory’s electronic signature after it is applied to the document;(d)confirm that the document which the witness later signs is the same document signed by the signatory; and(e)fulfil any other prescribed requirement.

For the purposes of this section, the witnessing of a signatory’s execution of a document takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:(a)the signatory;(b)the witness.

The Minister may make regulations to prescribe anything which is required or permitted to be prescribed under this Part and generally for the carrying out of the provisions of this Part.”.

In the Electronic Transactions Act 2010, in section 38, replace “except sections 16Q and 22” wherever it appears with “except Parts 2A, 2B and 4”.

In the Electronic Transactions Act 2010, in the First Schedule —(a)in item 2, in the second column, replace the matter with —“The creation, performance or enforcement of an indenture, declaration of trust or power of attorney, with the exception of —(a)an implied, constructive or resulting trust;(b)a lasting power of attorney as defined under section 2(1) of the Mental Capacity Act 2008; and(c)an indenture that is a document or instrument mentioned in section 16W(1) or (2) executed in a prescribed electronic transaction system mentioned in section 16W”;(b)in item 3, in the second column, after “or any interest in such property”, insert “, with the exception of a contract concluded in a prescribed electronic transaction system mentioned in section 16U”; and(c)in item 4, in the second column, after “any interest in immovable property”, insert “, with the exception of a disposition of an equitable interest respecting any immovable property or interest in such property, executed in a prescribed electronic transaction system mentioned in section 16V, and a conveyance or transfer executed in a prescribed electronic transaction system mentioned in section 16W”.

In the Electronic Transactions Act 2010, after the Fourth Schedule, insert —“FIFTH SCHEDULESection 16T(1) and (3)PRESCRIBED ELECTRONIC TRANSACTION SYSTEM1.The electronic transaction system established under section 23(1) of the Singapore Land Authority Act 2001.2.The electronic transaction system established under section 94B(1) of the Housing and Development Act 1959.”.

ELECTRONIC TRANSACTIONS RELATING TO INTERESTS IN IMMOVABLE PROPERTY

—(1) In this Part —“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any immovable property, or on any other dealing with or for any immovable property; and “convey” has a corresponding meaning;“conveyancing transaction” means the conveyance, transfer or grant of any estate, interest or right in respect of immovable property, and includes —(a)the sale, purchase or assignment of any immovable property;(b)the grant or surrender of a lease, licence or tenancy in respect of immovable property; and(c)the grant of a mortgage of or charge on immovable property, or the redemption or discharge thereof;“prescribed electronic transaction system” means any electronic transaction system specified in the Fifth Schedule.(2) For the purposes of sections 16U(a), 16V(a) and 16W(3)(a), where an electronic record meets the requirement of being stored in a prescribed electronic transaction system, the requirement does not cease to be met by reason only that the electronic record is subsequently retained in another information system.(3) The Minister may, by order in the Gazette, amend the Fifth Schedule.

In this Part —

“conveyance” includes assignment, appointment, lease, settlement and other assurance made by deed on a sale, mortgage, demise or settlement of any immovable property, or on any other dealing with or for any immovable property; and “convey” has a corresponding meaning;

“conveyancing transaction” means the conveyance, transfer or grant of any estate, interest or right in respect of immovable property, and includes —(a)the sale, purchase or assignment of any immovable property;(b)the grant or surrender of a lease, licence or tenancy in respect of immovable property; and(c)the grant of a mortgage of or charge on immovable property, or the redemption or discharge thereof;

“prescribed electronic transaction system” means any electronic transaction system specified in the Fifth Schedule.

For the purposes of sections 16U(a), 16V(a) and 16W(3)(a), where an electronic record meets the requirement of being stored in a prescribed electronic transaction system, the requirement does not cease to be met by reason only that the electronic record is subsequently retained in another information system.

The Minister may, by order in the Gazette, amend the Fifth Schedule.

Where a rule of law (including section 6(d) of the Civil Law Act 1909) requires a contract for the sale or other disposition of immovable property, or any interest in such property, to be in writing and signed, or provides for certain consequences if the contract is not in writing and signed —(a)that requirement for the contract for the sale or other disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and(b)that requirement for the contract for the sale or other disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.

Where a rule of law (including section 7(2) of the Civil Law Act 1909) requires a disposition of an equitable interest respecting any immovable property or interest in such property, to be in writing and signed, or provides for certain consequences if the disposition is not in writing and signed —(a)that requirement for the disposition to be in writing is met with respect to an electronic record if the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system; and(b)that requirement for the disposition to be signed is met with respect to an electronic record if a prescribed secure electronic signature is applied to the electronic record in a prescribed electronic transaction system.

—(1) Where a rule of law (including sections 24 and 53 of the Conveyancing and Law of Property Act 1886) requires a conveyance of immovable property or the transfer of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the conveyance or transfer is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(2) Where a rule of law requires a document or instrument to secure, guarantee or indemnify the payment of moneys or liabilities owing or payable under a mortgage of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the document or instrument is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.(3) The conditions mentioned in subsections (1) and (2) are that —(a)the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system;(b)the electronic record clearly states on its face that it is intended to be a deed by each person executing it as a deed;(c)each person signing the electronic record signs the electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system;(d)where the person executing the electronic record as a deed is an individual — the signature of the individual executing the electronic record in the prescribed electronic transaction system is applied in the presence of a witness, who attests the signatory’s execution of the electronic record;(e)where the person executing the electronic record as a deed is a body corporate —(i)the electronic record is sealed by the application of that person’s electronic seal to the electronic record in the prescribed electronic transaction system; or(ii)that person executes the electronic record in the prescribed electronic transaction system without affixing a common seal in accordance with —(A)in the case of a company — sections 41B and 41C of the Companies Act 1967;(B)in the case of a limited liability partnership — sections 7 and 8 of the Limited Liability Partnerships Act 2005;(C)in the case of a variable capital company — section 25(2) of the Variable Capital Companies Act 2018; or(D)in any other case — such other requirements in lieu of sealing as may be provided under written law for that person; and(f)each person executing the electronic record as a deed delivers the executed electronic record as a deed in the prescribed electronic transaction system.(4) In this section —“attest”, in relation to the witness mentioned in subsection (3)(d), means to sign the electronic record in the prescribed electronic transaction system (by applying a prescribed secure electronic signature) for the purpose of recording on the electronic record the witness’ witnessing of the execution of the electronic record by the signatory mentioned in that provision;“electronic seal” means an electronic symbol of a seal that is affixed to an electronic record using a method that identifies the person who affixed the seal, where the method used is either —(a)as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or(b)proven in fact to have fulfilled the function of identifying the person who affixed the seal, by itself or together with further evidence.

Where a rule of law (including sections 24 and 53 of the Conveyancing and Law of Property Act 1886) requires a conveyance of immovable property or the transfer of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the conveyance or transfer is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.

“attest”, in relation to the witness mentioned in subsection (3)(d), means to sign the electronic record in the prescribed electronic transaction system (by applying a prescribed secure electronic signature) for the purpose of recording on the electronic record the witness’ witnessing of the execution of the electronic record by the signatory mentioned in that provision;

“electronic seal” means an electronic symbol of a seal that is affixed to an electronic record using a method that identifies the person who affixed the seal, where the method used is either —(a)as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or(b)proven in fact to have fulfilled the function of identifying the person who affixed the seal, by itself or together with further evidence.

Where a rule of law requires a document or instrument to secure, guarantee or indemnify the payment of moneys or liabilities owing or payable under a mortgage of any estate or interest in immovable property to be in the form of a deed, or provides for certain consequences if the document or instrument is not in the form of a deed, that requirement is met by an electronic record if the conditions in subsection (3) are met.

The conditions mentioned in subsections (1) and (2) are that —(a)the electronic record is a secure electronic record generated, communicated or received, and stored, in a prescribed electronic transaction system;(b)the electronic record clearly states on its face that it is intended to be a deed by each person executing it as a deed;(c)each person signing the electronic record signs the electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system;(d)where the person executing the electronic record as a deed is an individual — the signature of the individual executing the electronic record in the prescribed electronic transaction system is applied in the presence of a witness, who attests the signatory’s execution of the electronic record;(e)where the person executing the electronic record as a deed is a body corporate —(i)the electronic record is sealed by the application of that person’s electronic seal to the electronic record in the prescribed electronic transaction system; or(ii)that person executes the electronic record in the prescribed electronic transaction system without affixing a common seal in accordance with —(A)in the case of a company — sections 41B and 41C of the Companies Act 1967;(B)in the case of a limited liability partnership — sections 7 and 8 of the Limited Liability Partnerships Act 2005;(C)in the case of a variable capital company — section 25(2) of the Variable Capital Companies Act 2018; or(D)in any other case — such other requirements in lieu of sealing as may be provided under written law for that person; and(f)each person executing the electronic record as a deed delivers the executed electronic record as a deed in the prescribed electronic transaction system.

In this section —

—(1) This section applies to the witnessing and attestation in Singapore, of the execution in Singapore, of any document (in the form of an electronic record) executed in a prescribed electronic transaction system for the purpose of carrying out a conveyancing transaction.(2) Where a rule of law (including section 16W(3)(d)) requires that the signing of a document mentioned in subsection (1) by a person be in the presence of a witness, or provides for certain consequences if the signing of the document is not in the presence of a witness, that requirement is met by the virtual presence of a witness through an electronic means if —(a)a method that meets the requirements of subsection (3) is used to enable the witness to witness the signing of the document by the signatory, and to attest (in accordance with any requirement as may be prescribed) the signatory’s signing of the document; and(b)the method used is either —(i)as reliable as appropriate for the purpose for which the electronic record is to be signed in the presence of a witness, in the light of all the circumstances, including any relevant agreement; or(ii)proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.(3) The method mentioned in subsection (2)(a) must include live two‑way interactive audiovisual communications, and must enable the witness to —(a)maintain visual contact and communicate with the signatory throughout the process;(b)confirm the identity of the signatory;(c)verify, by a method of accessing the electronic record, the contents of the electronic record being signed, including the signatory’s electronic signature after it is applied to the document;(d)confirm that the document which the witness later signs is the same document signed by the signatory; and(e)fulfil any other prescribed requirement.(4) For the purposes of this section, the witnessing of a signatory’s execution of a document takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:(a)the signatory;(b)the witness.

This section applies to the witnessing and attestation in Singapore, of the execution in Singapore, of any document (in the form of an electronic record) executed in a prescribed electronic transaction system for the purpose of carrying out a conveyancing transaction.

Where a rule of law (including section 16W(3)(d)) requires that the signing of a document mentioned in subsection (1) by a person be in the presence of a witness, or provides for certain consequences if the signing of the document is not in the presence of a witness, that requirement is met by the virtual presence of a witness through an electronic means if —(a)a method that meets the requirements of subsection (3) is used to enable the witness to witness the signing of the document by the signatory, and to attest (in accordance with any requirement as may be prescribed) the signatory’s signing of the document; and(b)the method used is either —(i)as reliable as appropriate for the purpose for which the electronic record is to be signed in the presence of a witness, in the light of all the circumstances, including any relevant agreement; or(ii)proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.

The method mentioned in subsection (2)(a) must include live two‑way interactive audiovisual communications, and must enable the witness to —(a)maintain visual contact and communicate with the signatory throughout the process;(b)confirm the identity of the signatory;(c)verify, by a method of accessing the electronic record, the contents of the electronic record being signed, including the signatory’s electronic signature after it is applied to the document;(d)confirm that the document which the witness later signs is the same document signed by the signatory; and(e)fulfil any other prescribed requirement.

For the purposes of this section, the witnessing of a signatory’s execution of a document takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:(a)the signatory;(b)the witness.

The Minister may make regulations to prescribe anything which is required or permitted to be prescribed under this Part and generally for the carrying out of the provisions of this Part.”.

“FIFTH SCHEDULESection 16T(1) and (3)PRESCRIBED ELECTRONIC TRANSACTION SYSTEM1.The electronic transaction system established under section 23(1) of the Singapore Land Authority Act 2001.2.The electronic transaction system established under section 94B(1) of the Housing and Development Act 1959.”.