Singapore to allow digital signing of legal documents

The Constitution (Amendment) Bill and the Oaths, Declarations and Notarisations (Remote Methods) Bill will update laws including the Constitution of the Republic of Singapore, the Oaths and Declarations Act and the Notaries Public Act to provide  an electronic approach to the two activities, according to a report.

Mayumi Soh of Pinsent Masons MPillay, the Singapore joint law venture between MPillay and Pinsent Masons, said: “The Covid-19 pandemic has arguably increased people’s comfort with signing legal documents electronically and doing other official transactions electronically, and this latest change reflects this.”

The proposed regime will allow clients and authorised service providers to meet legal signature and oath requirements via “stipulated electronic means of communication”. The bill provides that only certain types of electronic signature specified in subsidiary legislation may be used. Factors including performance standards, security, reliability and ease of access for Singaporeans will be considered when deciding what forms of electronic signature will be permissible, according the second reading speech by senior parliamentary secretary Rahayu Mahzam. Details of these will be published at a later date.

Certain oaths, including constitutional oaths, must still be taken in person due to the gravity and solemnity associated with such oaths. A person may need to take oath in person if the agency in question has “some specific policy or practical reason” for the requirement. The bill will only apply to those activities which are done via a live video or live television link. This will not apply to oaths made over telephone calls.

Individuals will still be able to opt for existing paper-based processes over the new electronic options if they prefer to do so.

Further procedural requirements and safeguards will be published at a later date, as will guidelines for officials performing duties under the new framework.