Electronic Statutory Declarations, Oaths and Notarisations Now Permitted

On 2 August 2023, Parliament passed the Oaths, Declarations and Notarisations (Remote Methods) Bill (Bill). The Bill introduces a new framework to enable statutory declarations, oaths and affirmations, and notarisations to be conducted remotely, to facilitate electronic transactions while securing against fraud. 

Before the Bill was passed, statutory declarations, oaths and affirmations, and notarisations were generally conducted by in-person appearance before an authorised service provider (SP) and utilised wet-ink signatures on paper. This more stringent process reduces the risk of forgery and fraud.  

Key Requirements

To conduct a statutory declaration, oath or affirmation, or notarisation remotely:

• a person may appear before an SP by video conference or other electronic means, provided that the SP is able to:
  
  (a) communicate with that person throughout the process;
  (b) confirm that person’s identity; and
  (c) inspect any document to be signed; and
  ‍
• a person must use the specified mode of electronic signature, where required.  Otherwise, electronic signatures will be recognised under the Electronic Transactions Act 2010.

In addition, any other requirements prescribed in subsidiary legislation, or imposed by any relevant sectorial agency, must be complied with.

Electronic Options Not Mandatory

The new framework does not require the conduct of statutory declarations, oaths and affirmations, and notarisations by electronic means.  SPs are not mandated to provide or adopt electronic options because they may have reasons for requiring in-person appearance.

Validity of Pre-Amendment Acts

Prior statutory declarations and notarial acts conducted through remote witnessing (e.g., during the COVID-19 pandemic) will not be invalidated solely because video conferencing was used.  This only applies to statutory declarations and notarial acts conducted through video or live television link, not by telephone.  

Key Takeaway

The Bill’s passage into law will greatly facilitate business operations.  However, persons interested in using electronic meetings and signatures for statutory declarations, oaths and affirmations and notarisations should be aware of the requirements under the new framework and determine whether adopting a paper-based process would be more appropriate, particularly where a document needs to be used outside Singapore.

For More Information

OrionW regularly advises clients on technology matters.  For more information about the use of electronic signatures, or if you have questions about this article, please contact us at info@orionw.com.

Disclaimer: This article is for general information only and does not constitute legal advice.