§ 36A — Service of documents

36A.—(1) Any document required or authorised by this Act to be served on any person may be served on the person —(a)

in the case of an individual —(i)

by delivering it to the individual personally;

(ii)

by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence;

(iii)

by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business;

(iv)

by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual;

(v)

by sending it by fax to the fax number operated at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Registrar by the individual as the fax number for the service of documents on the individual; or

(vi)

subject to subsection (5) —(A)

by sending it by email to the individual’s last email address; or

(B)

by sending it by an internet-based messaging service to the individual’s last contact address;

(b)

in the case of a partnership other than a limited liability partnership —(i)

by delivering it to any one of the partners or the secretary or other similar officer of the partnership;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the partnership’s principal or last known place of business in Singapore;

(iii)

by sending it by fax to the fax number operated at the partnership’s principal or last known place of business in Singapore; or

(iv)

subject to subsection (5) —(A)

by sending it by email to the partnership’s last email address; or

(B)

by sending it by an internet-based messaging service to the partnership’s last contact address; and

(c)

in the case of any limited liability partnership or any other body corporate —(i)

by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, its manager;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;

(iii)

by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or

(iv)

subject to subsection (5) —(A)

by sending it by email to the limited liability partnership’s or body corporate’s last email address; or

(B)

by sending it by an internet-based messaging service to the limited liability partnership’s or body corporate’s last contact address.

(2) Unless the contrary is proved, where any document required or authorised by this Act to be served is sent by a fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be.

(3) Unless the contrary is proved, where any document required or authorised by this Act to be served is sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the document was posted.

(4) Unless the contrary is proved, where any document is sent by email or by an internet-based messaging service under subsection (1), service of the document takes effect at the time that the email or message becomes capable of being retrieved by the person to whom it is sent.

(5) Service of any document under this Act on a person by email or by an internet-based messaging service may be effected only —(a)

with the person’s prior written consent to service in that way; and

(b)

in a file format that the person has agreed to.

(6) This section does not apply to documents to be served in proceedings in court.

(7) In this section —“document” includes a notice, an order and a direction;

“last contact address”, in relation to an internet-based messaging service, means —(a)

the last contact address, for receipt of messages through the internet-based messaging service, given by the addressee concerned to the person serving the document as the contact address for the service of the document; or

(b)

the last contact address for receipt of messages through the internet-based messaging service, of the addressee concerned, known to the person serving the document;

“last email address” means —(a)

the last email address given by the addressee concerned to the person serving the document as the email address for the service of the document; or

(b)

the last email address of the addressee concerned known to the person serving the document.[Act 6 of 2024 wef 01/05/2024]

—(1) Any document required or authorised by this Act to be served on any person may be served on the person —(a)

in the case of an individual —(i)

by delivering it to the individual personally;

(ii)

by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence;

(iii)

by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business;

(iv)

by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual;

(v)

by sending it by fax to the fax number operated at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Registrar by the individual as the fax number for the service of documents on the individual; or

(vi)

subject to subsection (5) —(A)

by sending it by email to the individual’s last email address; or

(B)

by sending it by an internet-based messaging service to the individual’s last contact address;

(b)

in the case of a partnership other than a limited liability partnership —(i)

by delivering it to any one of the partners or the secretary or other similar officer of the partnership;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the partnership’s principal or last known place of business in Singapore;

(iii)

by sending it by fax to the fax number operated at the partnership’s principal or last known place of business in Singapore; or

(iv)

subject to subsection (5) —(A)

by sending it by email to the partnership’s last email address; or

(B)

by sending it by an internet-based messaging service to the partnership’s last contact address; and

(c)

in the case of any limited liability partnership or any other body corporate —(i)

by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, its manager;

(ii)

by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;

(iii)

by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or

(iv)

subject to subsection (5) —(A)

by sending it by email to the limited liability partnership’s or body corporate’s last email address; or

(B)

by sending it by an internet-based messaging service to the limited liability partnership’s or body corporate’s last contact address.

(2) Unless the contrary is proved, where any document required or authorised by this Act to be served is sent by a fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be.

(3) Unless the contrary is proved, where any document required or authorised by this Act to be served is sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the document was posted.

(4) Unless the contrary is proved, where any document is sent by email or by an internet-based messaging service under subsection (1), service of the document takes effect at the time that the email or message becomes capable of being retrieved by the person to whom it is sent.

(5) Service of any document under this Act on a person by email or by an internet-based messaging service may be effected only —(a)

with the person’s prior written consent to service in that way; and

(b)

in a file format that the person has agreed to.

(6) This section does not apply to documents to be served in proceedings in court.

(7) In this section —“document” includes a notice, an order and a direction;

“last contact address”, in relation to an internet-based messaging service, means —(a)

the last contact address, for receipt of messages through the internet-based messaging service, given by the addressee concerned to the person serving the document as the contact address for the service of the document; or

(b)

the last contact address for receipt of messages through the internet-based messaging service, of the addressee concerned, known to the person serving the document;

“last email address” means —(a)

the last email address given by the addressee concerned to the person serving the document as the email address for the service of the document; or

(b)

the last email address of the addressee concerned known to the person serving the document.[Act 6 of 2024 wef 01/05/2024]