Singapore legislation
Section 18
Section 18
Service of summons, etc.
(1)
Every summons, notice, order or document required or authorised by this Act or any rules made under this Act to be served on any person may be served —
by delivering it to the person or to some adult member or employee of the person’s family at the person’s usual or last known place of residence or business;
by leaving it at the usual or last known place of residence or business of the person in a cover addressed to the person;
by sending it by registered post in a prepaid letter addressed to the person at the person’s usual or last known place of residence or business or any address furnished by the person; or
in the case of a notice to be served on a person whose usual or last known place of residence or business cannot, with reasonable diligence, be ascertained, by publication of the notice in the Gazette.
(2)
In addition, any notice, order or document (other than a summons) required or authorised by this Act or any rules made under this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —
by sending it by email to the email address of the individual, partnership, body corporate or unincorporated association, as the case may be;
by sending it by fax to whichever of the following is applicable:
the fax number last known as the fax number for the service of notices, orders or documents on the individual;
the fax number used at the partnership’s business address;
the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;
by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the notice, order or document is available and how the addressee may use the addressee’s chosen means of access to access the contents of that notice, order or document; or
by any other method authorised by the rules made under section 22 for the service of notices, orders or documents of that kind if the recipient consents (expressly or impliedly) to service of a notice, order or document of that kind in that way.
(3)
Where any summons, notice, order or document is served on any person by registered post, it is deemed to have been served within such time as it would take to arrive in the ordinary course of transmission and, in proving service of the same, it is sufficient to prove that the envelope containing the summons, notice, order or document was properly addressed, stamped and posted by registered post.
(4)
However, service of any notice, order or document under this Act or any rules made under section 22 on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.
(5)
Service of any notice, order or document under subsection (2)(a) or (b) takes effect —
if the notice, order or document is sent by email, at the time that the email becomes capable of being retrieved by the person; or
if the notice, order or document is sent by fax and a notification of successful transmission is received, on the day of transmission.
(6)
All notices, orders, receipts and other documents which the Superintendent is empowered to give by this Act or any rules made under this Act may be given by any officer duly authorised by the Superintendent.
(7)
Where any such notice, order or document requires authentication, the signature or a facsimile of the signature of the Superintendent or any officer duly authorised by the Superintendent affixed to the notice, order or document is sufficient authentication.
(8)
In this section —
Definition
“business address” or “place of business” means —
in the case of an individual, the individual’s usual or last known place of business in Singapore; or
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
Definition
“chosen means of access”, for an addressee on whom is or is to be served any notice, order or document required or authorised by this Act or rules made under section 22, means an electronic means the addressee agrees with the person giving or serving the notice, order or document as the means by which the addressee may access the contents of that notice, order or document;
Definition
“chosen means of notification”, for an addressee on whom is or is to be served any notice, order or document required or authorised by this Act or rules made under section 22, means an electronic means that the addressee nominates to the person giving or serving the notice, order or document as the means by which the addressee may be notified that such a notice, order or document has been served on the addressee;
Definition
“email address” means the last email address given by the addressee concerned to the person giving or serving a notice, order or document as the email address for the service of notices, orders or documents under this Act or rules made under section 22.