Those signing legal documents and taking official oaths will soon have the option to complete these tasks electronically, with the unanimous passing of two Bills in Parliament on Wednesday (Aug 2).

The Bills update the Constitution of the Republic of Singapore, the Oaths and Declarations Act and the Notaries Public Act to provide a digital alternative when signing documents and taking oaths, which are often required for legal purposes in real estate, financial transactions and immigration applications.

For instance, witnesses in court will now be able to take an oath virtually before giving evidence. A judge, or any individual appointed to an office, can be sworn in via electronic means.

Business owners will also be able to declare that a company is solvent and transfer a bill of sale digitally, without signing in wet ink.

The two Bills – the Constitution of the Republic of Singapore Bill and the Oaths, Declarations and Notarisations (Remote Methods) Bill – seek to facilitate electronic transactions, which have become more reliable, said Senior Parliamentary Secretary for Law and Health Rahayu Mahzam on Wednesday.

“Technology has improved drastically over the years. It is now possible with the touch of a button to see and hear, through videoconferencing software, a person who is at the other end of Singapore – something unthinkable when these requirements were first formulated centuries ago,” she said.

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“Where possible, it is important that the law does not hinder but instead supports innovation and digitalisation of business processes, also ensuring that necessary safeguards are maintained or strengthened.”

The amendments are the latest in the push for digitalisation in the legal sector, which in the past two years has allowed court hearings to be heard online, and electronic application forms for the lasting power of attorney.

Among other things, the newly passed Bills will set out a framework to allow statutory declarations, oaths and affirmations, and notarisations to be done through electronic means with a high degree of security against fraud.

The process typically involves individuals who need to certify that an identity card or academic certificate is the true copy before they may apply to a foreign educational institution. Businesses may also need an official to witness the signing of a document that is meant for use overseas.

The framework will not make it mandatory for agencies to adopt an electronic option, Rahayu said.

Declarations must be done over a live video or television link, she said, adding that those made over a phone call will not be recognised.

Addressing the issue of the validity of remote witnessing done during the Covid-19 pandemic when movement restrictions were in place, Rahayu told the House that no statutory declaration or notarial act carried out prior to these amendments will be invalidated solely because videoconferencing was used.

Yip Hon Weng (Yio Chu Kang) pointed out that there are disruption risks through deepfake impersonation, network disruption and power failure. Other MPs asked if there were requirements for end-to-end encryption, for instance.

Addressing these, Rahayu said that all parties involved in official proceedings should be visible on the screen at any time and that any party can call for an in-person signing at any time. She added that each party should be vigilant and take steps to verify the identity of the person signing.

Details of further procedural requirements and safeguards and the types of electronic signatures will be provided at a later date, she said, adding that the platform’s reliability, security and ease of access for Singaporeans will be considered.

The authorities will also issue new guidelines for officials who will carry out their roles under the new framework, said Rahayu. THE STRAITS TIMES