Singapore legislation

Clause 11

of Electronic Conveyancing and Other Matters Bill

Clause 11

Amendment of section 4

In the Housing and Development Act 1959, in section 4 —

(a)

after subsection (1), insert —“(1A) The Board may use an electronic seal in lieu of the common seal mentioned in subsection (1), where the use of a seal in electronic form is required or permitted under any written law or rule of law.(1B) An electronic seal mentioned in subsection (1A) must be affixed to an electronic record using a method that identifies the electronic seal as the lawful seal of the Board, where the method used is either —

(a)

as reliable as appropriate for the purpose for which the electronic record is being sealed, in the light of all the circumstances, including any relevant agreement; or

(b)

proven in fact to have fulfilled the function of identifying the electronic seal as the lawful seal of the Board, by itself or together with further evidence.”;

(b)

replace subsections (2) and (3) with —“(2) Subject to subsections (3) and (3A), every deed, document and other instrument requiring the seal of the Board must be sealed with the seal of the Board and every instrument to which the seal is affixed must be —

(a)

signed by the Chairperson, the Deputy Chairperson or a member of the Board; and (b)countersigned by an officer of the Board authorised by the Board for that purpose.(3) Every deed, document and other instrument which relates to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act may be sealed with the seal of the Board, and every instrument to which the seal is affixed must be signed by an officer of the Board authorised by the Board for that purpose.(3A) Every deed, document and other instrument which relates to the sale, lease, assignment, mortgage or assurance whatsoever of any premises sold under the provisions of this Act, in the form of an electronic record in a prescribed electronic transaction system, may be sealed with the electronic seal of the Board; and every instrument to which the electronic seal is affixed must be signed by an officer of the Board authorised by the Board for that purpose in accordance with subsection (5).(3B) The signing mentioned in subsection (2), (3) or (3A) is sufficient evidence that the seal or electronic seal (as the case may be) is duly and properly affixed and that it is the lawful seal of the Board.”;

(c)

in subsection (4), replace “or (3)” with “, (3) or (3A)”; and

(d)

after subsection (4), insert —“(5) For the purposes of subsection (3A), the officer of the Board must sign the deed, document or other instrument in the form of an electronic record by applying a prescribed secure electronic signature to the electronic record in the prescribed electronic transaction system.(6) In this section and section 4A —“electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010;“electronic seal” means an electronic symbol of a seal of the Board that satisfies the requirements in subsection (1B);“prescribed electronic transaction system” has the meaning given by section 16T(1) of the Electronic Transactions Act 2010;“secure electronic signature” has the meaning given by section 2(1) of the Electronic Transactions Act 2010.”.

Clause 11 — Electronic Conveyancing and Other Matters Bill