Singapore legislation
Section 37
Section 37
Service of documents
(1)
A document that is permitted or required by or under this Act, or any regulations made under this Act, to be served on a person may be served as described in this section.
(2)
A document may be served on an individual —
by giving it to the individual personally;
by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;
by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there;
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;
by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act;
by sending it by email to the individual’s email address;
by giving an electronic notice to the individual by the individual’s chosen means of notification, stating that the document is available and how the individual may use the individual’s chosen means of access to access the document’s contents; or
by any other method authorised by regulations made under section 45 for the service of documents of that kind if the individual consents (expressly or impliedly) to service of a document of that kind in that way.
(3)
A document may be served on a partnership (other than a limited liability partnership) —
by giving it to any partner or other like officer of the partnership;
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;
by sending it by fax to the fax number used at the partnership’s business address;
by sending it by email to the partnership’s email address;
by giving an electronic notice to the partnership by the partnership’s chosen means of notification, stating that the document is available and how the partnership may use the partnership’s chosen means of access to access the document’s contents; or
by any other method authorised by regulations made under section 45 for the service of documents of that kind if the partnership consents (expressly or impliedly) to service of a document of that kind in that way.
(4)
A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association —
by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
by sending it by email to the body corporate’s or unincorporated association’s email address;
by giving an electronic notice to the body corporate or unincorporated association by the body corporate’s or unincorporated association’s chosen means of notification, stating that the document is available and how the body corporate or unincorporated association (as the case may be) may use its chosen means of access to access the document’s contents; or
by any other method authorised by regulations made under section 45 for the service of documents of that kind if the body corporate or unincorporated association (as the case may be) consents (expressly or impliedly) to service of a document of that kind in that way.
(5)
Service of a document on a person under this section takes effect —
if the document is sent by fax and a notification of successful transmission is received, on the day of the transmission;
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and
if the document is sent by prepaid registered post, on the second day after the day the document was posted (even if it is returned undelivered).
(6)
However, service of any document under this Act, or any regulations made under this Act, on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.
(7)
This section does not apply to documents to be served in proceedings in court for an offence or other matter under this Act or any regulations made under this Act.
(8)
In this section —
Definition
“business address” means —
in the case of an individual, the individual’s usual or last known place of business in Singapore; and
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
Definition
“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, or any regulations made under this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;
Definition
“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, or any regulations made under this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;
Definition
“email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act, or any regulations made under this Act;
Definition
“residential address” means an individual’s usual or last known place of residence in Singapore.