Singapore legislation
Section 12
Section 12
Inquiry before registration
(1)
No assurance or caveat shall be provisionally registered under this Act unless the persons who have executed it or their legal personal representatives or the agents authorised as in section 11 of those persons or representatives appear either simultaneously or at different times before the Registrar and admit such execution.
(2)
The Registrar shall —
inquire whether or not the instrument was executed by the persons by whom it purports to have been executed;
satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the instrument; and
in the case of any person appearing as a legal personal representative or agent, satisfy himself of the right of that person so to appear.
(3)
If all the persons who have executed the instrument appear personally before the Registrar and are personally known to him, or if he is otherwise satisfied that they are the persons they represent themselves to be, and if they all admit the execution or, in the case of any person appearing by an agent, if his agent admits the execution, or if the person who has executed the instrument is dead and his legal personal representative appears before the Registrar and admits the execution, the Registrar shall provisionally register the instrument under this Act.
(4)
The Registrar may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine on oath or affirmation any one present in his office.
(5)
This section shall not apply in the case of a person whose execution of the instrument is certified in the form in Schedule A or B by —
an advocate and solicitor of the Supreme Court;
a consul or vice-consul or representative of Singapore;
a notary public practising in the country where the execution takes place;
a judge of any court or magistrate officiating in the country where the execution takes place;
a practising advocate and solicitor of a High Court of Malaysia when the execution has taken place in Malaysia; or
the Malay Pilgrimage Officer, or the Assistant Malay Pilgrimage Officer, Jeddah, Saudi Arabia:Provided that in cases (b), (c) and (d) the certificate purports to be sealed with the seal of office of the official signing the certificate.
(6)
This section shall not apply in the case of a company or corporation in cases where any instrument has been executed under its common seal, if —
a director or the secretary of the company or corporation by which the instrument purports to have been executed appears before the Registrar and admits that the instrument was executed in accordance with the articles of association or other rules governing the conduct of the company or corporation and that the seal upon it is the seal of that company or corporation; or
the execution of the instrument is certified in the form in Schedule C or D, or as near thereto as circumstances permit by —
an advocate and solicitor of the Supreme Court;
a consul or vice-consul or representative of Singapore;
a notary public practising in the country where the execution takes place;
a judge of any court or magistrate officiating in the country where the execution takes place; or
a practising advocate and solicitor of a High Court of Malaysia when the execution has taken place in Malaysia:Provided that in cases (ii), (iii) and (iv) the certificate purports to be sealed with the seal of office of the official signing the certificate.
(7)
This section shall not apply in the case of any instrument executed by the Public Trustee or by the Official Assignee under his official seal.