Singapore legislation
Clause 15
Clause 15
New section 43C
The principal Act is amended by inserting, immediately after section 43B, the following section: “Service of documents43C.—
A document that is permitted or required by this Act to be served by the Public Guardian on a person may be served as described in this section.(2) This section does not apply to documents to be served in proceedings in court for an offence or any other matter under this Act.(3) Subject to subsections (2), (6), (7), (8) and (9), a document may be served on an individual —
by giving it to the individual personally;
by sending it by prepaid registered post or ordinary 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; or
by sending it to the individual’s account with the electronic transaction system and notifying the individual of this fact by —
email to the individual’s email address; or
an electronic notice to the individual’s mobile telephone number via short message service.(4) Subject to subsections (2), (6), (7), (8) and (9), 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 or ordinary post to, the partnership’s business address;
by sending it by fax to the fax number used at the partnership’s business address; (d)by sending it by email to the partnership’s email address; or
by sending it to the partnership’s account with the electronic transaction system and notifying the partnership of this fact by —
email to the partnership’s email address; or
an electronic notice to the partnership’s mobile telephone number via short message service.(5) Subject to subsections (2), (6), (7), (8) and (9), 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 or ordinary 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; (d)by sending it by email to the body corporate’s or unincorporated association’s email address; or
by sending it to the body corporate’s or unincorporated association’s account with the electronic transaction system and notifying the body corporate or unincorporated association of this fact by —
email to the body corporate’s or unincorporated association’s email address; or
an electronic notice to the body corporate’s or unincorporated association’s mobile telephone number via short message service.(6) A document may only be served on a person by sending it to the person’s account with the electronic transaction system and notifying the person of this fact by an electronic notice to the person’s mobile telephone number via short message service under subsection (3)(g)(ii), (4)(e)(ii) or (5)(e)(ii) if the person has —
given written consent to the Public Guardian to serve any document using that manner of service; and (b)provided the person’s mobile telephone number to the Public Guardian for this purpose.(7) Where a person has given the person’s written consent to the Public Guardian under subsection (6)(a) and provided the person’s mobile telephone number to the Public Guardian under subsection (6)(b), and there is a change to the person’s mobile telephone number, the person must, as soon as practicable but not later than the prescribed period, give notice to the Public Guardian of such change in any manner and form that the Public Guardian requires.(8) Each of the following notices may not be served by sending it to the person’s account with the electronic transaction system and notifying the person of this fact by an electronic notice to the person’s mobile telephone number via short message service under subsection (3)(g)(ii), (4)(e)(ii) or (5)(e)(ii):
a notice under section 11(5)(b) or (c);
a notice under paragraph 5 of the First Schedule; (c)a notice of cancellation of registration of an instrument as a lasting power of attorney under paragraph 12(2) of the First Schedule;
a notice to inform a person of the Public Guardian’s refusal to register the person as a professional deputy under section 25A; (e)a notice of intention to cancel the registration of a professional deputy under section 25A(5);
a notice of intention to rectify a register under section 33A(2).(9) The notices mentioned in subsection (8)(a) and (c) to (f) may not be served by ordinary post.(10) Service of a document on a person under this section takes effect —
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); (b)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 at the email address of the person; or
if the document is sent to the person’s account with the electronic transaction system — at the time when an electronic record of the document reaches the person’s account.(11) 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 to the Public Guardian as the email address for the service of documents under this Act;“mobile telephone number” means the last mobile telephone number given by the addressee concerned to the Public Guardian as the mobile telephone number for the service of an electronic notice under subsection (3)(g)(ii), (4)(e)(ii) or (5)(e)(ii);“person”, in respect of which a document may be served, includes a partnership and an unincorporated association;“residential address” means an individual’s usual or last known place of residence in Singapore.”.