Singapore legislation
Section 34
Section 34
Qualifications to section 33
(1)
Section 33 does not extend to —
the Attorney-General, a Deputy Attorney-General or the Solicitor‑General or any other person acting under the authority of any of them;
the Public Trustee, the Official Assignee, Assistant Public Trustees and Assistant Official Assignees acting in the course of their duties under any law relating to those offices;
the Director, a Deputy Director or an Assistant Director of Legal Aid acting in the course of the duties of the Director, Deputy Director or Assistant Director of Legal Aid (as the case may be) under the provisions of the Legal Aid and Advice Act 1995 or the International Child Abduction Act 2010;
(ca)a public officer mentioned in section 3(4)(b) of the Legal Aid and Advice Act 1995 acting in the course of that public officer’s duties under that Act;
any other public officer drawing or preparing instruments in the course of his or her duty;
any person acting personally for himself or herself only in any matter or proceeding to which he or she is a party;
(ea)any officer of a company, variable capital company or limited liability partnership who is duly authorised by the company, variable capital company or limited liability partnership to act on its behalf in any relevant matter or proceeding to which it is a party, in respect only of that officer acting on behalf of the company, variable capital company or limited liability partnership, in accordance with the Family Justice Rules or the Rules of Court, in that matter or proceeding;
(eb)any officer of an unincorporated association (other than a partnership) who is duly authorised by the unincorporated association to act on its behalf in any relevant matter or proceeding to which it is a party, in respect only of that officer acting on behalf of the unincorporated association, in accordance with the Family Justice Rules or the Rules of Court, in that matter or proceeding;
(ec)any legal counsel (by whatever name called) in an entity acting solely for the entity in any matter to which it is a party, other than by —
appearing or pleading in any court of justice in Singapore, except where such appearance or pleading is otherwise permitted under any written law;
appearing in any hearing before a quasi-judicial or regulatory body, authority or tribunal in Singapore, except where such appearance is otherwise permitted under any written law; or
attesting any document which is required to be attested by an advocate and solicitor;
any bona fide and full-time employee of an insurance company negotiating for the settlement of or settling a claim made or contemplated against any person or body corporate in cases where the claim, arising out of personal injury or death, relates to a risk insured by that insurance company;
[Deleted by Act 23 of 2004](h)any full-time member of the academic staff of any department of the National University of Singapore or of any department of law in any other institution of higher learning in Singapore who is a qualified person rendering any opinion or acting in an advisory capacity on any matter in which he or she has been instructed by an advocate and solicitor;
any accountant drawing or preparing documents in the exercise of his or her profession;
any proceeding before the Industrial Arbitration Court or the Syariah Court;
any person merely employed to engross any instrument or proceeding;
any public accountant drawing or preparing any instrument which he or she is empowered to do under any law for the time being in force relating to companies; or
any agent duly authorised to the satisfaction of the Registrar of Trade Marks drawing or preparing documents in any matter relating to trade marks.
(2)
The Minister may make rules for the exemption from section 33 of any person who, or any class of persons each of whom, satisfies such requirements, and does such act in such circumstances, as may be prescribed in those rules.
(3)
In this section —
Definition
“company” means a company incorporated under the Companies Act 1967;
Definition
“limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act 2005;
Definition
“manager”, in relation to a limited liability partnership, has the meaning given by the Limited Liability Partnerships Act 2005;
Definition
“officer” —
in relation to a company, means any director or secretary of the company, or a person employed in an executive capacity by the company;
in relation to a limited liability partnership, means any partner in or manager of the limited liability partnership;
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association; or
in relation to a variable capital company, means any director or secretary of the variable capital company, or a person employed in an executive capacity by the variable capital company;
Definition
“partner”, in relation to a limited liability partnership, has the meaning given by the Limited Liability Partnerships Act 2005;
Definition
“relevant matter or proceeding” means a matter or proceeding of such type as may be specified in the Family Justice Rules or the Rules of Court;
Definition
“variable capital company” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018.