s 11 Inquiry before registration
11.—(1) An assurance or caveat must not be provisionally registered under this Act unless the persons who have executed it or their legal personal representatives or the agents authorised as in section 10 of those persons or representatives appear either simultaneously or at different times before the Registrar and admit such execution. (2) The Registrar must —(a) inquire whether or not the instrument was executed by the persons by whom it purports to have been executed; (b) satisfy himself or herself as to the identity of the persons appearing before him or her and alleging that they have executed the instrument; and (c) in the case of any person appearing as a legal personal representative or agent, satisfy himself or herself of the right of that person so to appear. (3) If all the persons who have executed the instrument appear personally before the Registrar and are personally known to the Registrar, or if the Registrar is otherwise satisfied that they are the persons they represent themselves to be, and if they all admit the execution or, in the case of any person appearing by an agent, if the person’s agent admits the execution, or if the person who has executed the instrument is dead and his or her legal personal representative appears before the Registrar and admits the execution, the Registrar must provisionally register the instrument under this Act. (4) The Registrar may, in order to satisfy himself or herself that the persons appearing before him or her are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine on oath or affirmation any one present in his or her office. (5) This section does not apply in the case of a person whose execution of the instrument is certified in the prescribed form, subject to variations permitted under the rules, by —(a) an advocate and solicitor of the Supreme Court; (b) a consular officer or representative of Singapore; or (c) a notary public practising in the country where the execution takes place. (6) This section does not apply in the case of any instrument which has been executed by a company or corporation under its common seal, if —(a) a director or the secretary of the company or corporation by which the instrument purports to have been executed appears before the Registrar and admits that the instrument was executed in accordance with the articles of association or other rules governing the management of the affairs of the company or corporation and that the seal affixed to the instrument is the seal of that company or corporation; or (b) the execution of the instrument is certified in the prescribed form subject to variations permitted under the rules made under this Act by —(i) an advocate and solicitor of the Supreme Court; (ii) a consular officer or representative of Singapore; or (iii) a notary public practising in the country where the execution takes place. (7) Where there is no notary public practising in the country where the execution takes place, this section does not apply if an advocate and solicitor of the Supreme Court certifies on the instrument that —(a) the person executing the instrument is his or her client; (b) his or her client is of full age and legal capacity; and (c) he or she is satisfied that the instrument was executed by his or her client. (8) Where an instrument is executed by a company or corporation under its common seal in a country where there is no practising notary public, this section does not apply if an advocate and solicitor of the Supreme Court certifies on the instrument that —(a) the company or corporation executing the instrument is his or her client; and (b) he or she is satisfied that the instrument was executed by the company or corporation in accordance with the articles of association or other rules governing the management of the affairs of the company or corporation and that the seal affixed onto the instrument is the seal of the company or corporation. (9) This section does not apply in the case of any instrument executed by the Public Trustee or the Official Assignee under his or her official seal.