Clause 7

Subject to subsection (4), where in the exercise of a power or function by a notary public for the purposes of making, or signing and sealing, a notarial act, a person (called in this section the relevant person) is required to appear before the notary public for the purposes of executing a document or making a declaration under oath or affirmation or for any other purpose, the requirement for the relevant person to appear before the notary public is deemed satisfied if —

the relevant person executes the document or makes the declaration under oath or affirmation or carries out such other purpose, and the notary public exercises his or her power or function in connection thereof, in accordance with prescribed requirements through any electronic means of communication created by remote communication technology as set out in the Schedule; and

the electronic means of communication allows the notary public to —

communicate with the relevant person, and any witness or interpreter present, throughout the process;

confirm the identity of the relevant person, and any witness or interpreter present; and

verify by inspection any document to be signed, or sworn and signed, by the relevant person.(2) Subject to subsection (4), where a notary public is required to issue a certificate of the conformity of a copy or extract of a document with the document in the exercise of a power or function by the notary public, the notary public may exercise that power or function by comparing the copy or extract with the document in accordance with prescribed requirements through any electronic means of communication created by remote communication technology as set out in the Schedule, that allows the notary public to verify by comparison through the electronic means of communication that the copy or extract conforms to the document.(3) Subject to subsection (4), where a notary public is required to issue a certificate of the nature or authenticity of a document in the exercise of a power or function by the notary public, the notary public may exercise that power or function by inspecting the document in accordance with prescribed requirements through any electronic means of communication created by remote communication technology as set out in the Schedule, that allows the notary public to verify by inspection through the electronic means of communication that the document is what it purports to be.(4) When exercising a power or function pursuant to subsection (1), (2) or (3), the notary public must be satisfied that he or she is able to discharge his or her duty to exercise due care, skill and diligence in relation to the exercise of the power or function concerned, which duty remains unaffected by the notary public’s use of any electronic means of communication.(5) Any subsidiary legislation made to prescribe requirements for the use of any electronic means of communication mentioned in subsection (1), (2) or (3) is valid despite any rule of law relating to the exercise of the power or function to the contrary.(6) In this Act, a power or function exercised pursuant to subsection (1) is treated as being exercised within Singapore, if the notary public and the relevant person are in Singapore when the relevant person appears before the notary public through the electronic means of communication.(7) In this Act, a power or function exercised pursuant to subsection (2) or (3) is treated as being exercised within Singapore, if the notary public, the document, and any copy or extract of the document, are in Singapore when the notary public exercises his or her power or function pursuant to subsection (2) or (3).(8) In subsection (1), the making of a declaration under oath or affirmation includes —

swearing or affirming that the contents of an affidavit or a statutory declaration mentioned in section 4(3)(a) are true and correct; and

entering a note of protest in respect of any matter concerning a vessel (including cargo carried on the vessel).Validation of statutory declarations sworn through live video link or live television link, etc.4B.—

This section applies to —

any statutory declaration purportedly made before the date of commencement of section 7 of the Oaths, Declarations and Notarisations (Remote Methods) Act 2023 (called in this section the appointed date) before a notary public through a live video link or live television link, that was not specifically provided under any written law; and

any other notarial act purportedly made, or signed and sealed, by a notary public before the appointed date, in respect of which the notary public exercised the power or function through a live video link or live television link.(2) A statutory declaration mentioned in subsection (1)(a) is taken to have been validly made as if section 4A(1) were in force at the material time, if excluding the prescribed requirements mentioned in section 4A(1), the statutory declaration would have been validly made had it been made on the appointed date; and no legal proceedings may be instituted on or after that date on account of the statutory declaration having been purportedly made through a live video link or live television link.(3) A notarial act mentioned in subsection (1)(b) is taken to have been validly made, or signed and sealed, as if section 4A(1), (2) or (3) were in force at the material time, if excluding the prescribed requirements mentioned in section 4A(1), (2) or (3) (as the case may be), the notarial act would have been validly made, or signed and sealed, had it been made, or signed and sealed, on the appointed date; and no legal proceedings may be instituted on or after that date on account of the notarial act having been purportedly made, or signed and sealed, in respect of which the notary public exercised the power or function through a live video link or live television link.(4) However, a person is not to be punished for an act or omission committed before the appointed date that, but for subsection (2) or (3), would not have been an offence.(5) In subsection (1)(b), the reference to any other notarial act is a reference to —

a notarial act mentioned in section 4A(1), other than a notarial act made, or signed and sealed, in respect of a statutory declaration; or

a certificate mentioned in section 4A(2) or (3).”.