Interpretation of this Part
146. In this Part, “attorney” means any person appointed by an instrument under seal to act as the agent for or on behalf of a principal in relation to transactions with registered land, whether the agent is called attorney, receiver, broker, factor or otherwise and, where the context admits, “power” means the instrument by which an attorney is appointed.
Registration of instruments executed by attorneys
147.—(1) On lodgment for registration of any instrument executed by an attorney, the Registrar may require the power of attorney or a duly certified copy thereof to be exhibited to him or her, and in case of doubt, or where the Registrar suspects impropriety, may require the execution of the power to be proved.[8/2014] (2) Where a power of attorney has been deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886, no further proof of execution is required by the Registrar. (3) Before registering any instrument executed by an attorney, the Registrar may require either —(a) that the power of attorney or a true copy thereof be deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886; or (b) that a duly certified copy delivered out of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886 be lodged in the Land Titles Registry for inspection or for permanent record.[8/2014] (4) As between an attorney and any purchaser from the attorney of registered land, and despite any agreement or stipulation to the contrary, there is implied an undertaking by the attorney to comply, at the attorney’s own expense (or that of the attorney’s principal), with all reasonable requirements of the Registrar made under this section. —(1) On lodgment for registration of any instrument executed by an attorney, the Registrar may require the power of attorney or a duly certified copy thereof to be exhibited to him or her, and in case of doubt, or where the Registrar suspects impropriety, may require the execution of the power to be proved.[8/2014] (2) Where a power of attorney has been deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886, no further proof of execution is required by the Registrar. (3) Before registering any instrument executed by an attorney, the Registrar may require either —(a) that the power of attorney or a true copy thereof be deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886; or (b) that a duly certified copy delivered out of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886 be lodged in the Land Titles Registry for inspection or for permanent record.[8/2014] (4) As between an attorney and any purchaser from the attorney of registered land, and despite any agreement or stipulation to the contrary, there is implied an undertaking by the attorney to comply, at the attorney’s own expense (or that of the attorney’s principal), with all reasonable requirements of the Registrar made under this section.
Exoneration of purchasers
148.—(1) In favour of a purchaser of registered land claiming through an instrument executed by an attorney, the power under which the attorney purports to act is presumed to be in full force and effect at the time of such execution unless the purchaser, prior to completion of the purchase, has received notice of the revocation of the power, and the Registrar need not be concerned to inquire as to whether or not any such notice was received.(2) This section does not operate to prolong the duration of a power which is expressed to terminate on a specified day, nor does it validate any act of the attorney done after that day. (3) An attorney who purports to act in exercise of a power after the attorney has received notice of its revocation is liable to the same penalties as if the attorney had made a statutory declaration that, at the time of so purporting to act, the power had not been revoked. (4) Nothing in this section prejudices the right of a principal to recover damages from, or to institute other proceedings against, an agent who has exceeded the agent’s authority. —(1) In favour of a purchaser of registered land claiming through an instrument executed by an attorney, the power under which the attorney purports to act is presumed to be in full force and effect at the time of such execution unless the purchaser, prior to completion of the purchase, has received notice of the revocation of the power, and the Registrar need not be concerned to inquire as to whether or not any such notice was received. (2) This section does not operate to prolong the duration of a power which is expressed to terminate on a specified day, nor does it validate any act of the attorney done after that day. (3) An attorney who purports to act in exercise of a power after the attorney has received notice of its revocation is liable to the same penalties as if the attorney had made a statutory declaration that, at the time of so purporting to act, the power had not been revoked. (4) Nothing in this section prejudices the right of a principal to recover damages from, or to institute other proceedings against, an agent who has exceeded the agent’s authority.
General attorneys
149.—(1) Where in a power the attorney is described as the “general attorney” of the principal, the attorney is to be presumed by purchasers of registered land to have power to do all things the doing of which could lawfully be delegated by the principal.(2) This section applies only —(a) to powers executed within Singapore; and (b) to powers executed outside Singapore which are expressed to be made pursuant to this section. (3) The generality of the authority of an attorney who has been appointed a “general attorney” is not restricted by reason of the fact that the instrument appointing the attorney also confers specific powers. (4) A general attorney may be appointed in relation to one or more specified items of property, and the attorney’s authority as general attorney, and the exoneration conferred by this section, is restricted to those items. —(1) Where in a power the attorney is described as the “general attorney” of the principal, the attorney is to be presumed by purchasers of registered land to have power to do all things the doing of which could lawfully be delegated by the principal. (2) This section applies only —(a) to powers executed within Singapore; and (b) to powers executed outside Singapore which are expressed to be made pursuant to this section. (3) The generality of the authority of an attorney who has been appointed a “general attorney” is not restricted by reason of the fact that the instrument appointing the attorney also confers specific powers. (4) A general attorney may be appointed in relation to one or more specified items of property, and the attorney’s authority as general attorney, and the exoneration conferred by this section, is restricted to those items.
Investigation and registration fees
150.—(1) Any purchaser of registered land from an attorney who is not a “general attorney” within the meaning of section 149 is entitled to be paid by the attorney —(a) the sum of $100 towards the costs of investigating title; and (b) any additional registration fee which may be prescribed for instruments executed by attorneys. (2) Any agreement, condition or stipulation in contravention of this section is void. (3) Where an attorney proves to the satisfaction of the Registrar that the power under which the attorney acts is likely to be used in a series or course of similar transactions, and that complications are not likely to arise in the interpretation of the power, the Registrar may, by an endorsement on the power or a duly certified copy thereof, exempt all transactions or any particular kind or kinds of transactions from this section, and thereupon, for the duration and within the limits of that exemption, additional fees or costs as prescribed by this section are not payable.[8/2014] —(1) Any purchaser of registered land from an attorney who is not a “general attorney” within the meaning of section 149 is entitled to be paid by the attorney —(a) the sum of $100 towards the costs of investigating title; and (b) any additional registration fee which may be prescribed for instruments executed by attorneys. (2) Any agreement, condition or stipulation in contravention of this section is void. (3) Where an attorney proves to the satisfaction of the Registrar that the power under which the attorney acts is likely to be used in a series or course of similar transactions, and that complications are not likely to arise in the interpretation of the power, the Registrar may, by an endorsement on the power or a duly certified copy thereof, exempt all transactions or any particular kind or kinds of transactions from this section, and thereupon, for the duration and within the limits of that exemption, additional fees or costs as prescribed by this section are not payable.[8/2014]
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.