Singapore legislation
Regulation 4C
Regulation 4C
Prescribed requirements for execution of instrument
Subregulation 1
For the purposes of paragraph 1(1)(d) of the First Schedule to the Act, the prescribed requirements in connection with the execution of an instrument are —
where the donor requires any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to be translated to the donor, the translation must be conducted by the person mentioned in paragraph 2(1)(e) of that Schedule (called in this regulation the witness) or another person (called in this regulation the translator) before the witness;
the full name of, and the number of the identity card issued to, each of the following persons under the National Registration Act 1965, or (if no identity card is issued to the person) the number of the person’s passport or other official identification document, must be specified on the instrument: (i)the donor;
the donee or (if there is more than one donee) every donee; (iii)the replacement donee or (if there is more than one replacement donee) every replacement donee;
the witness;
if applicable, the translator;
where the instrument is made using the electronic transaction system — the instrument must be executed in accordance with the requirements determined by the Public Guardian under section 10B(4) of the Act; and
where the instrument is made using any form at the Public Guardian’s website instead of using the electronic transaction system — the requirements in paragraph (2).
Subregulation 2
For the purposes of paragraph (1)(d), the requirements are —
a donee must sign the instrument in the presence of a witness;
a replacement donee (if any) must sign the instrument in the presence of a witness;
where a translator had translated any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to a donee or replacement donee, the translator must indicate this fact on the instrument and be the witness mentioned in sub‑paragraph (a) or (b), as the case may be;
the donor must execute the instrument in accordance with paragraph 1(1)(c) of the First Schedule to the Act;
subject to paragraph (1)(a), where a translator had translated any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to the donor, the translator must indicate this fact on the instrument;
after the steps mentioned in sub-paragraphs (a) to (e) have been taken, the donor must sign at the end of every page of the instrument; and
the donor, a donee or a replacement donee (if any) may not witness any signature required for the instrument.
Subregulation 3
Any reference in paragraph (2) to a person signing an instrument (however expressed) includes the person signing it by means of a mark or thumbprint made on the instrument at the appropriate place.