Power of Attorney FAQ

/Power of Attorney FAQ
Power of Attorney FAQ 2017-02-16T16:59:06+00:00
Singapore Power of Attorney FAQ

Singapore Power of Attorney FAQ

Singapore Power of Attorney FAQ on issues relating to Singapore Power of Attorney for Private Property, All Affairs and HDB Flats, and the procedures. Power of Attorney FAQ

Procedure

When the Power of Attorney is ready for your signature, only you (the Principal or Donor) need to sign the Power of Attorney. Your Attorney or Donee need not sign the Power of Attorney, nor need to attend at our office.

Even though there is nothing that your Attorney need to do at the Power of Attorney documentation stage, you should get the permission of the proposed Attorney for his consent to act for you in the matters stated in the Power of Attorney.

Only you, the Donor (the person giving the powers), need to sign the Power of Attorney. Your proposed Attorney need not sign any document nor attend at our Singapore Office.

If you wish to engage Loh Eben Ong LLP to prepare your Singapore Power of Attorney for Private Property, All Affairs or your HDB Flats, for your convenience, please use our Online or Offline Submission Services. Alternatively, you may email us your details.

Please complete all particulars in our Online or Offline Form correctly and accurately. Incomplete Forms or Forms with errors will not be processed, or result in delay.

Signing Power of Attorney in Singapore

After submission, you should make an appointment with our Singapore Office and/or our office will contact you to attend at our office by prior appointment to sign the PA in the presence of our solicitor.  You have to bring your Identity Card (NRIC) or Passport when attending at our office.

Signing Power of Attorney Overseas

We will send the Power of Attorney in accordance with the “mode of delivery” selected by you for your execution after receipt of your payment of our charges. After you have duly signed the Power of Attorney before a Notary Public or a Singapore Consulate Officer in the country of your stay, please return the Power of Attorney to our Singapore Office to enable us to deposit a copy of the same at the Supreme Court of Singapore and to write a letter of confirmation to HDB.

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HDB Flats

There are generally 3 standard formats (see items 1 to 3 in the table below) prescribed by HDB which do not require HDB’s prior approval, and you should inform your Lawyer of the purpose or purposes for the Power of Attorney.

Purpose(s) for Power of Attorney HDB’s Approval Required ?
1. Sale, Subletting & General Management No
2. Purchase, Subletting & General Management No
3. Subletting & General Management Only No
4. Selective Enbloc Redevelopment Scheme (Sers) Yes

In October 2002,  HDB has revised its requirements of submission of the original Power of Attorney (POA) or a certified true copy from the High Court for sale, purchase or subletting of an HDB flat.

The new requirement is to submit to HDB any one of the following documents:-

  Type of Submission to HDB HDB’s Action relating to POA submitted

(1)

original POA (together with a photocopy of the POA), or Returned to Attorney after use
 
(2) certified true copy of the POA by the High Court (together with a photocopy of the POA), or Returned to Attorney after use
 
(3) 2 certified true copies of the POA by an Advocate and Solicitor (together with 2 photocopies of the POA), or Certified true copies of the POA by Solicitor will be retained by HDB
 
(4) certified true copy of the POA by an Advocate and Solicitor together with the computer printout with the High Court seal where PA has been registered via the Judiciary’s Electronic Filing System (EFS) (together with 2 photocopies of the POA). Certified true copy of the POA by Solicitor will be retained by HDB

Important Note: The above table only serves as a general guide, and may not be accurate or correct as at the time of your application. Please note that HDB’s rules and/or procedures may change from time to time or vary from department to department, so it is important that you verify the documents required from the relevant department prior to your application for a POA.

Once the Power of Attorney is duly deposited at the High Court of Singapore, we will send the original Power of Attorney to you in accordance with the “mode of collection” indicated by you. Additional charges may be incurred if the mode of delivery is by courier, hand, or express mail.

We will then write a Letter of Confirmation to HDB that, amongst others, we have used one of the prescribed HDB Power of Attorney formats, and render HDB a copy of the Power of Attorney (for those that has an HDB Flat address indicated thereon).

After the receipt of the original Power of Attorney from us, you or your Attorney may then proceed to the relevant HDB Department at the appropriate time:-

Transaction
Operating Department
For applications to sell/purchase an HDB flat from the open market HDB’s Resale Unit
For applications to purchase an HDB flat directly from HDB HDB’s Sales Unit
For applications to sublet an HDB flat HDB’s Branch Office in the respective estates

Important Note: The above table only serves as a general guide, and may not be accurate or correct as at the time of your application. Please note that HDB’s rules and/or procedures may change from time to time or vary from department to department, so it is important that you verify the documents required from the relevant department prior to your application for a Power of Attorney. If you require a certified true copy of the Power of Attorney by the High Court, additional expense payable to the High Court and our service charge will be borne by you.

If you are selling, buying or subletting an HDB flat in Singapore, you may need to handle certain attendances or sign various legal documents personally. However, what if you are not in Singapore to do so, or have been hospitalised and unable to attend to these matter yourself? In such a scenario, the best option is to appoint an Attorney to assist you during your absence.

The Power of Attorney (POA) is required if you are unable to attend personally to these matters. To minimise inconvenience, it is advisable to obtain a POA before leaving Singapore. Notwithstanding the POA, there are still some documents that may need to be signed by you personally.

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Signing Overseas

If you are signing the Power of Attorney overseas (outside Singapore), you will need to sign it in the presence of either a Singapore Consulate Officer officiating in the Country of your stay or a Notary Public (who is duly appointed in that Country).

It is our preference that you sign the Power of Attorney before a Singapore Consulate Officer (if available) as the authentication of such an Officer is easier to verify than a foreign Notary Public.

To locate a Singapore Mission or Embassy in the Country of your stay, you may wish to visit this link >> Singapore Missions Worldwide [valid as at 11 April 2010] or if the link is no longer valid, do a Google search on “Singapore Missions“.

If you are signing the Power of Attorney overseas (outside Singapore), you will need to sign it in the presence of either a Singapore Consulate Officer officiating in the Country of your stay or a Notary Public (who is duly appointed in that Country).

Signing before Singapore Consulate Officer

It is our preference that you sign the Power of Attorney before a Singapore Consulate Officer (if one is available) as the authentication of such an Officer is easier to verify than a foreign Notary Public.

Full Payment

If you have engaged us for your Singapore Power of Attorney, we will require full payment of our charges prior to sending the Power of Attorney to you by email or other mode of delivery.

Completion of Particulars

When signing overseas, please ensure that the Notary Public or Singapore Consulate Officer (as the case may be) complete all the particulars stated in the Power of Attorney, and sign and affix his/her official seal as shown in our specimen Power of Attorney. Failure to do so may render the Power of Attorney being rejected by the High Court for registration or being queried in respect of the manner or validity of execution.

For Power of Attorney executed outside Singapore and witnessed by a Notary Public, the High Court may request for further evidence of due execution by you, and/or verify the validity of the Notary Public’s appointment and/or other particulars. In those scenarios, please note that we will require you to obtain such requirements, and if additional work is required, we may charge additional costs and expense incurred.

You may wish to furnish us copies of the Notary Public’s name card, official receipt for witnessing the Power of Attorney, and/or other evidence of his/her due appointment as a Notary Public. It may be a good practice to attach the Notary Public original Certificate of Attestation (or similar certificate) to the Power of Attorney.

Review of Contents

Prior to your execution of the Power of Attorney, please peruse the said document carefully and ensure that you fully understand the contents and the powers that you are giving to your intended Attorney. If there are errors in any of the particulars in the Power of Attorney, please inform us immediately.

Proper Execution

Please be advised that if the Power of Attorney is not properly executed and/or witnessed, the High Court may reject the same for registration. In that event, additional costs and/or expense may be incurred by you for preparation of a fresh set of Power of Attorney and for you to re-sign the same.

Return of Power of Attorney

After execution of the Power of Attorney, please return the same to us together with true copy/copies of your Identity card(s) and/or Passport(s) (if not yet forwarded to us) to our Singapore Office.

If the Notary Public seal or words written or printed contain non-English words (eg, French or Swiss), the High Court will usually require translation and submission in accordance with Order 92 rule 1 of the Rules of Court.

Order 92 rule provides:

Language of documents: Every document if not in the English language must be accompanied by a translation thereof certified by a court interpreter or a translation verified by the affidavit of a person qualified to translate it before it may be received, filed or used in the Court.

Therefore, it is always preferable to sign the Power of Attorney in the presence of a Singapore Consulate Officer in the country of your stay.

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Post Power of Attorney

Once the Power of Attorney is duly deposited at the High Court of Singapore, we will send the original Power of Attorney in accordance with the “mode of collection” indicated by you. Please allow at least 7 working days from the date of your execution of Power of Attorney at our office or our receipt of your Power of Attorney from overseas to deposit a copy of the Power of Attorney with the Supreme Court and thereafter, release the original Power of Attorney to you.

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