Singapore legislation
Clause 10
Clause 10
New sections 33A and 33B
In the principal Act, after section 33, insert —“Service of documents33A.—
A document (other than a demand note mentioned in section 11(2)) that is permitted or required by or 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; or
by sending it by email to the individual’s email address.(3) A document may be served on a partnership (other than a limited liability partnership) —
by giving it to any partner or other similar 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; or
by sending it by email to the partnership’s email address.(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 similar 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; or
by sending it by email to the body corporate’s or unincorporated association’s email address.(5) Service of a document 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, 2 days after the day the document was posted (even if it is returned undelivered).(6) A document may be served on a person under this Act by email only with that person’s prior written consent.(7) This section does not apply to documents to be served in proceedings in court or whose manner of service is otherwise provided by or under this Act.(8) In this section —“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;“email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act;“residential address” means an individual’s usual or last known place of residence in Singapore and includes an address provided in accordance with section 31.Service of demand notes33B.—
A demand note may be served as described in this section.(2) A demand note may be served on a person —
by giving it to the person personally;
by sending it by prepaid registered post to the address specified by the person generally for the service of documents permitted or required by or under this Act to be served or specifically for demand notes;
if no address mentioned in paragraph (b) is so specified, by sending it by prepaid registered post to —
the person’s residential address;
the person’s business address;
any correspondence address provided by the person —
in relation to the administration of this Act; or
in accordance with regulations made under section 34; or
if the person is an insured person who has not attained 21 years of age —
the residential address of the insured person’s parent;
the business address of the insured person’s parent; or
any correspondence address mentioned in sub‑paragraph (iii) provided by the insured person’s parent;
by leaving it at the person’s residential address with an adult person apparently residing there, or at the person’s business address with an adult person apparently employed there;
by affixing a copy of the demand note in a conspicuous place at the person’s residential address or business address;
by sending it by fax to the fax number given by the person generally for the service of documents permitted or required by or under this Act to be served or specifically for demand notes; or
by sending it by email in any manner provided in subsection (3).(3) For the purposes of subsection (2)(g), a demand note may be served on a person (A) —
by sending it by email to the last email address given by A to the recovery body, as the email address for the service of demand notes under this Act, if A has given prior written consent to service in this manner; or
by sending it by email to an email address of A, if —
the recovery body sends A an email at that email address;
the email contains a prominent notice stating —
that if A sends any reply to the recovery body from that email address, A is treated as consenting to service of any demand note on A, by sending it by email to that email address; and
that A may, at any time, give the recovery body a notice in writing —
(BA)refusing service on A by email at that email address; and
(BB)specifying a valid address or valid email address at which A may be served with a demand note;
A sends a reply to the recovery body from that email address and does not give the recovery body the notice mentioned in sub‑paragraph (ii)(B) in that reply; and
in the period between the date A sends the reply and the date immediately before the day the demand note is served (both dates inclusive), A does not give the recovery body the notice mentioned in sub‑paragraph (ii)(B).(4) Service of a demand note on a person under this section takes effect —
if the demand note is sent by fax and a notification of successful transmission is received, on the day of the transmission;
if the demand note is sent by email, at the time that the email becomes capable of being retrieved by the person; and
if the demand note is sent by prepaid registered post, 2 days after the day the demand note was posted (even if it is returned undelivered).(5) In addition, the Minister may by regulations made under section 34 prescribe, in relation to an electronic service of a recovery body, that despite anything in the relevant written law, the provisions of the relevant written law (so far as relevant) apply in relation to the service by the recovery body of a demand note under this Act using the electronic service as they apply to the service of documents permitted or required to be served by the electronic service under the relevant written law, with any exceptions, modifications and adaptations that may be prescribed.(6) Service of a demand note in accordance with any relevant written law as applied by regulations made for the purpose of subsection (5) takes effect at the time when an electronic record of it enters the person’s account with the electronic service.(7) This section does not affect the service of a demand note in accordance with any other written law or in any manner agreed by the person to be served.(8) In this section —“business address” has the meaning given by section 33A(8);“demand note” means a demand note mentioned in section 11(2);“electronic service”, in relation to a recovery body, means any prescribed system established under any written law that enables the recovery body to serve any document, and includes —
if the Board is prescribed as a recovery body, the electronic service platform provided under section 74(1) of the CPF Act; and
if IRAS is prescribed as a recovery body, the system established under section 29(1) of the Inland Revenue Authority of Singapore Act 1992;“parent”, in relation to an insured person, means any parent of an insured person who is required under section 4(1)(c)(ii) to pay any premium for the insured person;“relevant written law”, in relation to an electronic service, means —
the written law under which the electronic service is established; and
any written law that provides for the procedure for the use of the electronic service, the circumstances in which a document may be served through the electronic service, and the manner in which a person who has been served a document through the electronic service is to be notified of such service,and includes —
if the electronic service platform provided under section 74(1) of the CPF Act is prescribed as an electronic service, the CPF Act and any subsidiary legislation mentioned in section 74(4) or (5) of that Act; and
if the system established under section 29(1) of the Inland Revenue Authority of Singapore Act 1992 is prescribed as an electronic service, any provision or subsidiary legislation mentioned in paragraph (a) or (c) of the definition of “relevant tax legislation” (for any document or information permitted or required under such legislation to be served or given) in section 29(7) of that Act;“residential address” means a person’s usual or last known place of residence in Singapore and includes an address provided in accordance with section 31.”.