§ 121 — Service of documents

121.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —(a)

by giving it to the individual personally;

(b)

by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

(c)

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

(d)

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

(e)

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

(f)

by sending it by email to the individual’s last email address.

(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a)

by giving it to any partner, secretary or other similar officer of the partnership;

(b)

by leaving it at, or by sending it by post to, the partnership’s business address;

(c)

by sending it by fax to the fax number used at the partnership’s business address; or

(d)

by sending it by email to the partnership’s last email address.

(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a)

by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(b)

by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;

(c)

by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or

(d)

by sending it by email to the last email address of the body corporate or unincorporated association.

(5) In addition, a document (other than a summons) permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —(a)

by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents;

(b)

where by the exercise of reasonable diligence, the name of any individual or a body of persons to whom the document is to be served, or the business address, residential address or last email address of the individual or body, cannot be ascertained, by posting it on a website maintained by the competent authority and prescribed by the Minister by notification in the Gazette for this purpose; or

(c)

by any other method authorised by the Regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way.

(6) Service of a document takes effect —(a)

if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;

(b)

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent;

(c)

if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered); and

(d)

if the document is posted on a website mentioned in subsection (5)(b), at the beginning of the day after the date on which subsection (5)(b) has been complied with.

(7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.

(8) In this section —“business address” means —(a)

in the case of an individual, the individual’s usual or last known place of business in or outside Singapore; or

(b)

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in or outside Singapore;

“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;

“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;

“document” includes a notice, direction, directive or an order permitted or required by this Act to be served, but excludes any document to be served in proceedings in court;

“last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;

“residential address” means an individual’s usual or last known place of residence in or outside Singapore.

—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.

(2) A document permitted or required by this Act to be served on an individual may be served —(a)

by giving it to the individual personally;

(b)

by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

(c)

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

(d)

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

(e)

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

(f)

by sending it by email to the individual’s last email address.

(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —(a)

by giving it to any partner, secretary or other similar officer of the partnership;

(b)

by leaving it at, or by sending it by post to, the partnership’s business address;

(c)

by sending it by fax to the fax number used at the partnership’s business address; or

(d)

by sending it by email to the partnership’s last email address.

(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a)

by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(b)

by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association;

(c)

by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or

(d)

by sending it by email to the last email address of the body corporate or unincorporated association.

(5) In addition, a document (other than a summons) permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —(a)

by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents;

(b)

where by the exercise of reasonable diligence, the name of any individual or a body of persons to whom the document is to be served, or the business address, residential address or last email address of the individual or body, cannot be ascertained, by posting it on a website maintained by the competent authority and prescribed by the Minister by notification in the Gazette for this purpose; or

(c)

by any other method authorised by the Regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way.

(6) Service of a document takes effect —(a)

if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;

(b)

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent;

(c)

if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered); and

(d)

if the document is posted on a website mentioned in subsection (5)(b), at the beginning of the day after the date on which subsection (5)(b) has been complied with.

(7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.

(8) In this section —“business address” means —(a)

in the case of an individual, the individual’s usual or last known place of business in or outside Singapore; or

(b)

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in or outside Singapore;

“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;

“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;

“document” includes a notice, direction, directive or an order permitted or required by this Act to be served, but excludes any document to be served in proceedings in court;

“last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;

“residential address” means an individual’s usual or last known place of residence in or outside Singapore.