On 2 August 2023, Parliament passed the Oaths, Declarations and Notarisations (Remote Methods) Act 2023 to, among other things, provide individuals, businesses, and service providers who are executing statutory declarations, with the option of remote witnessing (in place of an in-person meeting) and electronic signing (in place of wet-ink signing) as long as both the declarant and service provider are physically present in Singapore.
On 5 July 2024, the Ministry of Law (“MinLaw“) launched the Public Consultation on Remote Witnessing and Electronic Signing of Statutory Declarations on the specific requirements that should govern the remote witness and electronic signing process for statutory declarations. The key aspects are as follows:
(a) Additional requirements for remote witnessing. The service provider must be satisfied that the document which he or she later signs is the same document that he or she had earlier witnessed the declarant signing. The statutory declaration must also include statements: (i) that the service provider and declarant were both physically present in Singapore at the time the statutory declaration was sworn and signed; (ii) that the service provider and declarant communicated through a live video or television link; and (iii) identify the electronic platform used.
(b) Hybrid approach to electronic signatures. Under the proposed hybrid approach: (i) declarants may sign with any electronic signature (ordinary or secure) but will be encouraged to use Sign with Singpass; and (ii) the service provider administering the statutory declaration must use Sign with Singpass.
The consultation ran from 5 July 2024 to 2 August 2024. The finalised requirements will be set out in subsidiary legislation. The Singapore Academy of Law will also issue professional guidelines after consulting Commissioners for Oaths.
