Singapore legislation

Regulation 3

of Central Provident Fund (Nominations) Rules 1986

Regulation 3

Nomination on behalf of member

Subregulation 1

This rule applies where a member who is an applicable person lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008, and the court makes an order under section 20(2)(a) of the Mental Capacity Act 2008 in relation to the executing under section 25(1) of the Act, on the member’s behalf, of a memorandum nominating any person specified in the order to receive the whole or any portion of —

(a)

the amount payable on the death of the member out of the Fund under section 20(1)(b) or (1A) of the Act; or

(b)

any designated shares.

Subregulation 2

The order must authorise a person (called in this rule the authorised person) to execute the memorandum on the member’s behalf.

Subregulation 3

Any nomination made pursuant to the order must —

(a)

in the case of a nomination made before 1 January 2011 —

(i)

be in Form 5A;

(ii)

state that it is signed by the member acting by the authorised person;

(iii)

be signed by the authorised person with the names of the member and the authorised person, in the presence of 2 witnesses;

(iv)

contain an attestation by those witnesses to the signature of the authorised person; and

(v)

be sealed with the official seal of the court; or

(b)

in any other case —

(i)

be in Form 6A(1) or 6A(2), and be supplemented with Form C; or

(ii)

be in Form 6A(3).

Subregulation 4

A nomination made in accordance with this rule is subject to these Rules, and has the same effect for all purposes as if —

(a)

the member had the capacity to make a nomination under section 25(1) of the Act; and

(b)

the nomination had been made by the member in accordance with rule 2.

Read in full context — Central Provident Fund (Nominations) Rules 1986 →