Singapore legislation
Regulation 97
Regulation 97
Service of documents
Subregulation 1
Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar or the Registry, the giving, sending, filing or service must be effected on the Registrar or the Registry (as the case may be) by sending an electronic communication of the document using the electronic online system.
Subregulation 2
Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar or the Registry), the giving, sending or service may be effected —
by post; (b)by hand;
by courier;
(ca)by sending an electronic communication using the electronic online system; or
subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means.
Subregulation 3
Where the Act or these Rules authorise or require any notice, direction or other document to be given or sent to or served on any party by the Registrar or Registry, the Registrar or Registry may effect the giving, sending or service on the party —
by sending the notice, direction or other document by post;
by sending an electronic communication of the notice, direction or other document using the electronic online system or, subject to paragraph (3B), any other electronic means; (c)by hand; or
by courier.
Subregulation 3A
Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of document in a manner other than provided by paragraph (1) or (2).
Subregulation 3B
However, the use of electronic means under paragraph (2)(d), (3)(b) or (3A), other than the use of the electronic online system, must be with the consent (express or implied) of —
the party; or
the Registrar or the Registry,to whom the notice, direction or other document is being given or sent, filed with or served by those means.
Subregulation 4
Where any notice, direction or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice, direction or other document shall, until the contrary is proved, be treated as having been effected at the time at which the notice or document would have been delivered in the ordinary course of post.
Subregulation 5
For the purposes of paragraphs (2) and (3), any notice, direction or other document is sent to a party by post if the notice, direction or other document is sent by pre-paid post to the party at his address for service referred to in rule 31 or 90 (as the case may be).
Subregulation 6
Where the Registrar has permitted any person under paragraph (3A) to send a document by facsimile transmission for the purposes of paragraph (1) —
if any part or all of the document received by the Registrar or Registry is illegible or if any part of the document is not received by the Registrar or Registry, the document shall be treated as not having been submitted; and
the burden of proving the legibility and completeness of the document lies with the person who has attempted to send the document.
Subregulation 7
Notwithstanding the availability of an address for service furnished in accordance with rule 31 or 90 (as the case may be), where any notice, direction or other document is given, sent, filed or served by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(b) or (3A), it shall be taken to have been duly given, sent to or served on the person.
Subregulation 8
Service of any notice, direction or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 96A(3).
Subregulation 9
A notice, direction or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —
if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice, direction or document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice, direction or document — at that time and on that day; or
if that time falls on such excluded day — on the next following day that is not such excluded day.
Subregulation 9A
A notice, direction or other document that is —
transmitted to the Registrar, the Registry or a party by means of the electronic online system; and
received, by the server of that system set up to receive such transmissions, at any time before midnight on any day,is treated as sent to, filed with or served on, and received by, the Registrar, the Registry or the party —
if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar, the Registry or the party the notice, direction or document by means of that system — at that time and on that day; or
if that day is such excluded day — on the next following day that is not such excluded day.
Subregulation 9B
For the purposes of paragraph (9A), the notice, direction or document is treated as sent to, filed with or served on, and received by, the Registrar, the Registry or the party if and only if the last byte of the transmission containing the notice, direction or document is received by the server mentioned in that paragraph.
Subregulation 9C
Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —
the sending, filing or service of that notice or document; and
the date and time when the sending, filing or service took place.
Subregulation 10
This rule shall not apply to notices and documents to be served in proceedings in court.