# legal_provisions

document_id: lpa-1966
provision_ref: s158
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 158
title: Requirements as to alteration of memorandum or articles of association or constitution
content:
158. The directors of a law corporation must ensure at all times that any amendment or alteration to its memorandum or articles of association or constitution must comply with all the requirements with respect to law corporations in this Act. [40/2014]


document_id: lpa-1966
provision_ref: s159
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 159
title: Shares of law corporation, etc.
content:
159. —(1) A person must not transfer or dispose of any shares in a law corporation except in accordance with this section and the rules made under section 166. [40/2014] (2) All the shares in a law corporation must be held by solicitors subject to any rules made under section 166 as to any shares or proportion of shares in a law corporation which may be held by such other persons or class of persons as may be prescribed. [40/2014] (3) No share in a law corporation may be held by a person as nominee for another person. [40/2014] (4) Except with the prior approval of the Director of Legal Services or in circumstances prescribed in the rules made under section 166, any person who holds shares in a law corporation must not — ( a ) hold shares in any other law corporation; ( b ) be a director, consultant or employee of any other law corporation; ( c ) be a partner, consultant or employee of any law firm or limited liability law partnership; or ( d ) practise as a solicitor on his or her own account. [40/2014] (5) No security may be created over any share in a law corporation. [40/2014] (6) An individual must not hold any shares in a law corporation, except during any grace period granted by the Director of Legal Services, on the individual’s application, for the individual to transfer or dispose of the individual’s shares in the law corporation, if — ( a ) the individual has been suspended from practice or struck off the roll of advocates and solicitors pursuant to such disciplinary proceedings under this Act as are applicable to a solicitor; [Act 37 of 2023 wef 17/07/2024] ( b ) the individual’s registration under section 36B, 36C or 36D has been cancelled or suspended, or the individual’s approval under section 176(1) has been cancelled or suspended, pursuant to such disciplinary proceedings under this Act as are applicable to a regulated foreign lawyer; or ( c ) the individual has been ordered to divest himself or herself of any shares or equity interests he or she may have in a Singapore law practice pursuant to such disciplinary proceedings under this Act as are applicable to a regulated non‑practitioner. [40/2014] (7) An individual must not, directly or indirectly, take part or be concerned in the management or practice of a law corporation if — ( a ) he or she has been suspended from practice or struck off the roll of advocates and solicitors pursuant to such disciplinary proceedings under this Act as are applicable to a solicitor; [Act 37 of 2023 wef 17/07/2024] ( b ) his or her registration under section 36B, 36C or 36D has been cancelled or suspended, or the approval granted to him or her under section 176(1) has been cancelled or suspended, pursuant to such disciplinary proceedings under this Act as are applicable to a regulated foreign lawyer; or ( c ) he or she has been ordered to divest himself or herself of any shares or equity interests he or she may have in a Singapore law practice pursuant to such disciplinary proceedings under this Act as are applicable to a regulated non‑practitioner. [40/2014] (8) Any transfer or disposal made in contravention of subsections (1) to (6) is void. [40/2014] (9) Despite subsections (2) and (7), where a solicitor has for any reason ceased to hold a practising certificate, the Director of Legal Services may, upon application made by the solicitor or by the law corporation of which the solicitor is a member, grant the solicitor a grace period of not more than 2 years to transfer the solicitor’s shares in the law corporation. [40/2014] (10) The solicitor mentioned in subsection (9) is to be treated as a solicitor for the purposes of computing the proportion of any class of shares in the law corporation held by solicitors. [40/2014] (11) Despite subsections (2) and (7), where a solicitor has by reason of death, bankruptcy or incapacity by reason of mental or physical disability ceased to hold a practising certificate, the Director of Legal Services may allow the executor or administrator of the solicitor’s estate or any other person to hold the solicitor’s shares in the law corporation of which the solicitor was or is a member for a grace period of not more than 2 years. [40/2014] (12) The grace period of not more than 2 years mentioned in subsection (11) commences — ( a ) in the case of death, from the date the administrator is appointed or the date the probate or letters of administration are granted; ( b ) in the case of bankruptcy, from the date the solicitor is adjudged a bankrupt; or ( c ) in the case of incapacity by reason of mental or physical disability, from the date the solicitor becomes incapable to act. [40/2014] (13) The solicitor mentioned in subsection (9) or the persons referred to in subsection (11) must not, during the grace period of 2 years, exercise any voting rights attached to the solicitor’s shares in the law corporation or take part or be concerned in the management or practice of the law corporation. [40/2014]


document_id: lpa-1966
provision_ref: s160
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 160
title: Additional grounds for winding up law corporation
content:
160. —(1) A law corporation may be wound up under the Insolvency, Restructuring and Dissolution Act 2018 on any of the following grounds: ( a ) the law corporation ceases to satisfy the requirements of this Act or the rules made under section 166 relating to a law corporation; ( b ) the business of the law corporation has been conducted in a manner unbefitting the profession. [40/2014; 40/2018] (2) The grounds for winding up mentioned in subsection (1) are additional to those prescribed by the Insolvency, Restructuring and Dissolution Act 2018. [40/2014; 40/2018] (3) An application to wind up a law corporation on a ground specified in subsection (1) may be made only by the Attorney‑General or the Council. [40/2014]


document_id: lpa-1966
provision_ref: s161
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 161
title: Regulatory control over law corporation
content:
161. —(1) The Director of Legal Services may, by written notice to a law corporation, do any of the following things, if the Director of Legal Services is satisfied that there is sufficient reason for doing so: ( a ) suspend or revoke the law corporation licence which was issued to the law corporation; ( b ) order the law corporation to pay a penalty of not more than $100,000; ( c ) give a warning to the law corporation. [40/2014] (2) Without limiting subsection (1), the Director of Legal Services may, by written notice to a law corporation, do anything referred to in subsection (1)( a ), ( b ) or ( c ), if — ( a ) the law corporation contravenes Part 5A or any rules made under section 70H, or fails to comply with any requirement under this Division; ( b ) the law corporation fails to comply with any condition subject to which its law corporation licence was issued; or ( c ) the Director of Legal Services is satisfied that it is in the public interest to do so. [40/2014] (3) Before doing under subsection (1) or (2) anything referred to in subsection (1)( a ), ( b ) or ( c ), the Director of Legal Services must give the law corporation not less than 14 days after the date of the notice to make representations in writing. [40/2014]


document_id: lpa-1966
provision_ref: s162
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 162
title: Appeal against decision of Director of Legal Services under this Division
content:
162. —(1) Any person who is aggrieved by a decision of the Director of Legal Services under this Division may, within the prescribed period, appeal to the Minister in the prescribed manner. [40/2014] (2) A person making an appeal under subsection (1) must comply with any rules made under section 166 for the purposes of this section. [40/2014] (3) In determining an appeal under this section, the Minister may — ( a ) confirm, vary or reverse the decision of the Director of Legal Services; or ( b ) direct the Director of Legal Services to reconsider that decision. [40/2014]


document_id: lpa-1966
provision_ref: s163
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 163
title: Register of law corporations
content:
163. —(1) The Director of Legal Services is required — ( a ) to keep a register of all law corporations licensed under section 153 in such form and manner as the Director of Legal Services thinks fit and to have custody of the register and all documents relating to it; and ( b ) to allow any person to inspect the register in such manner as the Director of Legal Services thinks fit. [40/2014] (2) The Director of Legal Services is required to enter in the register of law corporations the name of every law corporation licensed under section 153. [40/2014] (3) Where a law corporation has ceased providing legal services or has been wound up — ( a ) the law corporation licence which was issued to the law corporation lapses; and ( b ) the Director of Legal Services may cancel the registration of the law corporation. [40/2014]


document_id: lpa-1966
provision_ref: s164
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 164
title:
This Division to prevail over inconsistent provisions of memorandum and articles of association or constitution

content:
164. This Division and any rules made under section 166 for the purposes of this Division prevail over any inconsistent provision of the memorandum and articles of association or constitution of a law corporation. [40/2014]


document_id: lpa-1966
provision_ref: s165
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 165
title: Application of Companies Act 1967 and other written law to law corporations
content:
165. —(1) Nothing in this Division affects the operation of the Companies Act 1967, and the provisions of this Division apply with the provisions of the Companies Act 1967. [40/2014] (2) In the case of a conflict between any provision of the Companies Act 1967 and any provision in this Division, the provision in this Division prevails unless otherwise expressly provided in this Division. [40/2014] (3) A law corporation is deemed, even though the shares in the law corporation are held by more than 20 members, to be an exempt private company for the purposes of the Companies Act 1967. [40/2014] (4) A law corporation is not to be treated for the purposes of the Companies Act 1967 as a public company merely because it has more than 50 members. [40/2014] (5) Such provisions of any other written law having effect in relation to solicitors or law firms or limited liability law partnerships as may be prescribed, have effect in relation to law corporations with such prescribed modifications as may be necessary or expedient; and such provisions are to be construed accordingly. [40/2014] (6) In this section, references to this Division include references to rules made under section 166. [40/2014]


document_id: lpa-1966
provision_ref: s166
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 166
title: Rules on law corporations
content:
166. —(1) The Minister may make rules for the purposes of this Division. [40/2014] (2) Without limiting subsection (1), any rules made under that subsection may — ( a ) prescribe anything which may be prescribed under this Division; ( b ) provide for restrictions to be imposed on persons or classes of persons who may become officers of a law corporation or who may hold shares in a law corporation, and on the proportion of shares in a law corporation which may be held by such persons or classes of persons; ( c ) provide for the payment of fees (including administrative fees and processing fees) and other charges for applications made under this Division or any rules made under this Division, and for related matters; ( d ) provide for the suspension, revocation or lapsing of any law corporation licence; ( e ) provide for the keeping of accounts by a law corporation and for the matters set out in section 72; ( f ) exempt any person or entity or any class of persons or entities from, or modify the application in relation to any person or entity or any class of persons or entities of, any provision of this Division; and ( g ) prescribe such transitional, savings, incidental, consequential or supplementary provisions as may be necessary or expedient. [40/2014]


document_id: lpa-1966
provision_ref: s167
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 167
title: Reference in other written law
content:
167. In any other written law, any reference to a solicitor, an advocate or an advocate and solicitor is to be construed, with such necessary modifications or exceptions as may be prescribed under section 166, as including a reference to a law corporation. [40/2014] Division 4 &#x2014; Joint Law Ventures, Formal Law Alliances,
Foreign Law Practices, Representative Offices and
Foreign Interests in Singapore Law Practices


document_id: lpa-1966
provision_ref: s168
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 168
title: Interpretation of this Division
content:
168. —(1) In this Division, unless the context otherwise requires, “permitted areas of legal practice” means all areas of legal practice other than any area of legal practice prescribed as an area to be excluded from the ambit of this definition. [40/2014] (2) In this Division, unless the context otherwise requires — ( a ) a reference to this Division includes a reference to any rules made under this Division; and ( b ) a reference to the contravention of a provision includes a reference to the failure to comply with any condition of any licence, registration or approval imposed under that provision or by section 179(5). [40/2014]


document_id: lpa-1966
provision_ref: s169
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 169
title: Joint Law Venture
content:
169. —(1) A foreign law practice and a Singapore law practice may apply jointly for a Joint Law Venture licence if they satisfy — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (2) The Director of Legal Services may, after consulting such authorities as he or she thinks fit, grant or refuse an application under subsection (1). [40/2014] (3) An application under subsection (1) may be granted, and a Joint Law Venture licence may be issued, subject to — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (4) A Joint Law Venture licence — ( a ) entitles the constitution, in such manner as may be prescribed, of a Joint Law Venture by the foreign law practice and the Singapore law practice to which the licence has been issued; ( b ) despite anything to the contrary in Part 4, entitles the Joint Law Venture, during the period of validity of the licence — (i) to practise Singapore law in accordance with such terms and conditions as may be prescribed; and (ii) to such other privileges as may be prescribed or otherwise conferred by law, or as the Director of Legal Services may confer; and ( c ) despite anything to the contrary in Part 4, entitles the constituent foreign law practice of the Joint Law Venture, during the period of validity of the licence — (i) to practise Singapore law through the Joint Law Venture in, and only in, the permitted areas of legal practice, in accordance with such terms and conditions as may be prescribed; and (ii) to such other privileges as may be prescribed or otherwise conferred by law, or as the Director of Legal Services may confer. [40/2014] (5) A Joint Law Venture, or its constituent foreign law practice and constituent Singapore law practice, must pay to the Director of Legal Services such licence fee at such times and in such manner as may be prescribed. [40/2014] (6) Without prejudice to the solicitor-client privilege that exists between — ( a ) a foreign law practice or Singapore law practice; and ( b ) its client, or a client of a Joint Law Venture of which it is the constituent foreign law practice or constituent Singapore law practice, solicitor‑client privilege exists between a Joint Law Venture and its client in the same way as it exists between a solicitor and his or her client. [40/2014] (7) Except as may otherwise be prescribed, nothing in this Act prevents the constituent foreign law practice and the constituent Singapore law practice of a Joint Law Venture from sharing office premises, profits or client information with respect to the legal practice of the Joint Law Venture. [40/2014] (8) To avoid doubt, Divisions 1, 2 and 3 do not apply to a Joint Law Venture. [40/2014] (8A) Where a Joint Law Venture does not have any regulated foreign lawyer or solicitor registered under section 36E, the Director of Legal Services may revoke the Joint Law Venture licence issued to the foreign law practice and the Singapore law practice in accordance with section 174. [Act 37 of 2023 wef 14/06/2024] (9) A Joint Law Venture which is a company is deemed, even though the shares in the Joint Law Venture are held by more than 20 members or by a corporation, to be an exempt private company for the purposes of the Companies Act 1967. [40/2014] (10) Despite section 27 of the Companies Act 1967 — ( a ) a Joint Law Venture which is a limited company need not have the word “Limited” or “Berhad” as part of its name; and ( b ) a Joint Law Venture which is a private company need not have the word “Private” or “Sendirian” as part of its name. [40/2014] (11) In exercising his or her powers under this section, the Director of Legal Services may waive or modify the application of any requirement under this Division in relation to a Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice. [40/2014] (12) With effect from 18 November 2015 — ( a ) an entity which, immediately before that date, was or was deemed to be a Joint Law Venture constituted under the repealed section 130B as in force immediately before that date is deemed to be a Joint Law Venture constituted under this section; ( b ) the foreign law practice and the Singapore law practice constituting that entity, which were issued, or were deemed to have been issued, a licence under the repealed section 130B as in force immediately before that date, are deemed, until the day on which that licence would otherwise expire or until the Director of Legal Services issues a Joint Law Venture licence in respect of that entity under subsection (13) (whichever is the earlier), to have been issued a Joint Law Venture licence subject to — (i) the conditions mentioned in subsection (3)( a ); (ii) the conditions (if any) imposed by the Attorney‑General under the repealed section 130B(3)( b ) or (12) or 130P(5)( b ) as in force immediately before that date, subject to which that licence was issued or was deemed to have been issued; and (iii) such conditions as the Director of Legal Services may think fit to impose in any particular case; and ( c ) any undertaking provided in respect of that entity under the repealed section 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 179. [40/2014] (13) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any entity mentioned in subsection (12), and the foreign law practice and the Singapore law practice constituting that entity, and the Director of Legal Services may, upon receiving those particulars and documents, issue a Joint Law Venture licence in respect of that entity to that foreign law practice and that Singapore law practice, subject to the conditions mentioned in subsection (3)( a ) and such conditions as the Director of Legal Services may think fit to impose in any particular case, without any action on the part of that foreign law practice or that Singapore law practice. [40/2014] (14) With effect from 18 November 2015 — ( a ) any application which was made before that date for a Joint Law Venture licence under the repealed section 130B as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for a Joint Law Venture licence under this section; and ( b ) any undertaking provided under the repealed section 130Q as in force immediately before that date, by a person making that application, is deemed to be an undertaking provided under section 179 by that person. [40/2014] (15) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (14). [40/2014]


document_id: lpa-1966
provision_ref: s170
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 170
title: Formal Law Alliance
content:
170. —(1) One or more foreign law practices and one or more Singapore law practices may apply jointly for a Formal Law Alliance licence if they satisfy — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (2) The Director of Legal Services may, after consulting such authorities as he or she thinks fit, grant or refuse an application under subsection (1). [40/2014] (3) An application under subsection (1) may be granted, and a Formal Law Alliance licence may be issued, subject to — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (4) A Formal Law Alliance licence — ( a ) entitles the formation of a Formal Law Alliance by the law practices to which the licence has been issued (each called in this Division a member of the Formal Law Alliance); ( b ) despite anything to the contrary in Part 4, entitles the Formal Law Alliance, during the period of validity of the licence, to such privileges as may be prescribed or otherwise conferred by law; and ( c ) despite anything to the contrary in Part 4, entitles each foreign law practice which is a member of the Formal Law Alliance, during the period of validity of the licence — (i) to practise Singapore law in, and only in, such areas of legal practice and in accordance with such terms and conditions as may be prescribed; and (ii) to such other privileges as may be prescribed or otherwise conferred by law. [40/2014] (5) A Formal Law Alliance or its members must pay to the Director of Legal Services such licence fee at such times and in such manner as may be prescribed. [40/2014] (6) Without prejudice to the solicitor-client privilege that exists between — ( a ) a foreign law practice or Singapore law practice; and ( b ) its client, or a client of a Formal Law Alliance of which it is a member, solicitor-client privilege exists between a Formal Law Alliance and its client in the same way as it exists between a solicitor and his or her client. [40/2014] (7) Except as may otherwise be prescribed, nothing in this Act prevents a foreign law practice which is a member of a Formal Law Alliance and a Singapore law practice which is a member of the Formal Law Alliance from sharing office premises, profits or client information with respect to the legal practice of the Formal Law Alliance. [40/2014] (8) A foreign law practice or Singapore law practice may be a joint applicant for more than one Formal Law Alliance licence. [40/2014] (9) In exercising his or her powers under this section, the Director of Legal Services may waive or modify the application of any requirement under this Division in relation to a Formal Law Alliance, any foreign law practice which is a member of a Formal Law Alliance or any Singapore law practice which is a member of a Formal Law Alliance. [40/2014] (10) With effect from 18 November 2015 — ( a ) an alliance formed by one or more foreign law practices and one or more Singapore law practices which, immediately before that date, was or was deemed to be a Formal Law Alliance formed under the repealed section 130C as in force immediately before that date is deemed to be a Formal Law Alliance formed under this section; ( b ) the law practices forming that alliance, which were issued, or were deemed to have been issued, a licence under the repealed section 130C as in force immediately before that date, are deemed, until the day on which that licence would otherwise expire or until the Director of Legal Services issues a Formal Law Alliance licence in respect of that alliance under subsection (11) (whichever is the earlier), to have been issued a Formal Law Alliance licence subject to — (i) the conditions mentioned in subsection (3)( a ); (ii) the conditions (if any) imposed by the Attorney‑General under the repealed section 130C(3)( b ) or (9) or 130P(5)( b ) as in force immediately before that date, subject to which that licence was issued or was deemed to have been issued; and (iii) such conditions as the Director of Legal Services may think fit to impose in any particular case; and ( c ) any undertaking provided in respect of that alliance under the repealed section 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 179. [40/2014] (11) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any alliance mentioned in subsection (10), and the law practices forming that alliance, and the Director of Legal Services may, upon receiving those particulars and documents, issue a Formal Law Alliance licence in respect of that alliance to those law practices, subject to the conditions mentioned in subsection (3)( a ) and such conditions as the Director of Legal Services may think fit to impose in any particular case, without any action on the part of any of those law practices. [40/2014] (12) With effect from 18 November 2015 — ( a ) any application which was made before that date for a Formal Law Alliance licence under the repealed section 130C as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for a Formal Law Alliance licence under this section; and ( b ) any undertaking provided under the repealed section 130Q as in force immediately before that date, by a person making that application, is deemed to be an undertaking provided under section 179 by that person. [40/2014] (13) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (12). [40/2014]


document_id: lpa-1966
provision_ref: s171
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 171
title: Qualifying Foreign Law Practice
content:
171. —(1) A foreign law practice may apply for a Qualifying Foreign Law Practice licence if it satisfies — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (2) The Director of Legal Services may, after consulting such authorities as he or she thinks fit, grant or refuse an application under subsection (1). [40/2014] (3) An application under subsection (1) may be granted, and a Qualifying Foreign Law Practice licence may be issued, subject to — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (4) A Qualifying Foreign Law Practice licence, despite anything to the contrary in Part 4, entitles the foreign law practice to which the licence has been issued, during the period of validity of the licence — ( a ) to practise Singapore law in, and only in, the permitted areas of legal practice, in accordance with such terms and conditions as may be prescribed; and ( b ) to such other privileges as may be prescribed or otherwise conferred by law, or as the Director of Legal Services may confer. [40/2014] (5) A Qualifying Foreign Law Practice must pay to the Director of Legal Services such licence fee at such times and in such manner as may be prescribed. [40/2014] (6) In exercising his or her powers under this section, the Director of Legal Services may waive or modify the application of any requirement under this Division in relation to a Qualifying Foreign Law Practice. [40/2014] (6A) Where a Qualifying Foreign Law Practice does not have any regulated foreign lawyer or solicitor registered under section 36E, the Director of Legal Services may revoke the Qualifying Foreign Law Practice licence of the Qualifying Foreign Law Practice in accordance with section 175. [Act 37 of 2023 wef 14/06/2024] (7) With effect from 18 November 2015 — ( a ) a foreign law practice which, immediately before that date, was issued a licence under the repealed section 130D as in force immediately before that date is deemed, until the day on which that licence would otherwise expire or until the Director of Legal Services issues a Qualifying Foreign Law Practice licence to that foreign law practice under subsection (8) (whichever is the earlier) — (i) to be a Qualifying Foreign Law Practice; and (ii) to have been issued a Qualifying Foreign Law Practice licence subject to — (A) the conditions mentioned in subsection (3)( a ); (B) the conditions (if any) imposed by the Attorney‑General under the repealed section 130D(3)( b ) or 130P(5)( b ) as in force immediately before that date, subject to which that licence was issued; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case; and ( b ) any undertaking provided by or in respect of that foreign law practice under the repealed section 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 179. [40/2014] (8) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign law practice mentioned in subsection (7), and the Director of Legal Services may, upon receiving those particulars and documents, issue a Qualifying Foreign Law Practice licence to that foreign law practice, subject to the conditions mentioned in subsection (3)( a ) and such conditions as the Director of Legal Services may think fit to impose in any particular case, without any action on the part of that foreign law practice. [40/2014] (9) With effect from 18 November 2015 — ( a ) any application which was made before that date for a Qualifying Foreign Law Practice licence under the repealed section 130D as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for a Qualifying Foreign Law Practice licence under this section; and ( b ) any undertaking provided under the repealed section 130Q as in force immediately before that date, by a person making that application, is deemed to be an undertaking provided under section 179 by that person. [40/2014] (10) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (9). [40/2014]


document_id: lpa-1966
provision_ref: s172
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 172
title: Licensed foreign law practice
content:
172. —(1) A foreign law practice which intends to provide any legal services in Singapore must apply for a foreign law practice licence. [40/2014] (2) The Director of Legal Services may, after consulting such authorities as he or she thinks fit, grant or refuse an application under subsection (1). [40/2014] (3) An application under subsection (1) may be granted, and a foreign law practice licence may be issued, subject to — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (4) A foreign law practice licence, despite anything to the contrary in Part 4, entitles the licensed foreign law practice to which the licence has been issued, during the period of validity of the licence — ( a ) to practise Singapore law in, and only in, such areas of legal practice and in accordance with such terms and conditions as may be prescribed; and ( b ) to such other privileges as may be prescribed or otherwise conferred by law. [40/2014] (5) A licensed foreign law practice must pay to the Director of Legal Services such licence fee at such times and in such manner as may be prescribed. [40/2014] (5A) Where a licensed foreign law practice does not have any regulated foreign lawyer or solicitor registered under section 36E, the Director of Legal Services may revoke the foreign law practice licence of the foreign law practice in accordance with section 175. [Act 37 of 2023 wef 14/06/2024] (6) With effect from 18 November 2015 — ( a ) a foreign law practice which, immediately before that date, was issued, or was deemed to have been issued, a licence under the repealed section 130E as in force immediately before that date is deemed, until the day on which that licence would otherwise expire or until the Director of Legal Services issues a foreign law practice licence to that foreign law practice under subsection (7) (whichever is the earlier) — (i) to be a licensed foreign law practice; and (ii) to have been issued a foreign law practice licence subject to — (A) the conditions mentioned in subsection (3)( a ); (B) the conditions (if any) imposed by the Attorney‑General under the repealed section 130E(3)( b ) or (6) or 130P(5)( b ) as in force immediately before that date, subject to which that licence was issued or was deemed to have been issued; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case; and ( b ) any undertaking provided by or in respect of that foreign law practice under the repealed section 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 179. [40/2014] (7) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign law practice mentioned in subsection (6), and the Director of Legal Services may, upon receiving those particulars and documents, issue a foreign law practice licence to that foreign law practice, subject to the conditions mentioned in subsection (3)( a ) and such conditions as the Director of Legal Services may think fit to impose in any particular case, without any action on the part of that foreign law practice. [40/2014] (8) With effect from 18 November 2015 — ( a ) any application which was made before that date for a foreign law practice licence under the repealed section 130E as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for a foreign law practice licence under this section; and ( b ) any undertaking provided under the repealed section 130Q as in force immediately before that date, by a person making that application, is deemed to be an undertaking provided under section 179 by that person. [40/2014] (9) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application referred to in subsection (8). [40/2014]


document_id: lpa-1966
provision_ref: s173
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 173
title: Representative office
content:
173. —(1) A foreign law practice which establishes a representative office in Singapore must give the Director of Legal Services notice in the prescribed manner of the establishment of that representative office, within 7 working days after the date of the establishment of that representative office. [40/2014] (2) A foreign law practice which ceases to operate its representative office in Singapore must give the Director of Legal Services notice in the prescribed manner of such cessation, within 7 working days after the date of such cessation. [40/2014] (3) The Director of Legal Services must maintain a register of every representative office which is operated in Singapore by a foreign law practice. [40/2014] (4) Every notice under subsection (1) or (2) must contain such particulars of the foreign law practice and the representative office as may be prescribed. [40/2014] (5) Where, immediately before 18 November 2015, any representative office of a foreign law practice was issued, or was deemed to have been issued, a representative office licence under the repealed section 130F as in force immediately before that date, that foreign law practice is deemed to have given the Director of Legal Services notice of the establishment of that representative office under this section, with effect from that date. [40/2014] (6) The Attorney-General may transfer to the Director of Legal Services the particulars of any foreign law practice, and any representative office of a foreign law practice, mentioned in subsection (5), and the Director of Legal Services may, upon receiving those particulars, enter those particulars in the register maintained under subsection (3), without any action on the part of that foreign law practice. [40/2014]


document_id: lpa-1966
provision_ref: s174
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 174
title: Regulatory control over Joint Law Venture or Formal Law Alliance
content:
174. —(1) The Director of Legal Services may, by written notice to a Joint Law Venture or a Formal Law Alliance, do any of the following things, if the Director of Legal Services is satisfied that there is sufficient reason for doing so: ( a ) suspend or revoke the Joint Law Venture licence or Formal Law Alliance licence which was issued in respect of the Joint Law Venture or Formal Law Alliance, as the case may be; ( b ) order the Joint Law Venture or Formal Law Alliance, or one or more of the law practices constituting the Joint Law Venture or forming the Formal Law Alliance (as the case may be) to pay a penalty of not more than $100,000; ( c ) give a warning to the Joint Law Venture or Formal Law Alliance, as the case may be. [40/2014] (2) Without limiting subsection (1), the Director of Legal Services may, by written notice to a Joint Law Venture or a Formal Law Alliance, do anything referred to in subsection (1)( a ), ( b ) or ( c ), if — ( a ) the registration or authorisation to practise law in a state or territory outside Singapore of the constituent foreign law practice of the Joint Law Venture or of a foreign law practice which is a member of the Formal Law Alliance, as the case may be — (i) has been cancelled by the relevant authority of that state or territory as a result of any criminal, civil or disciplinary proceedings; or (ii) has lapsed; ( b ) the Joint Law Venture or Formal Law Alliance (as the case may be) contravenes Part 5A or any rules made under section 70H, or fails to comply with any requirement under this Division; ( c ) the Joint Law Venture or Formal Law Alliance (as the case may be) fails to comply with any condition subject to which the Joint Law Venture licence or Formal Law Alliance licence (as the case may be) was issued; ( d ) the constituent foreign law practice of the Joint Law Venture or a foreign law practice which is a member of the Formal Law Alliance (as the case may be) has been dissolved or is in liquidation; ( e ) the Joint Law Venture or Formal Law Alliance (as the case may be) has been dissolved or reconstituted without the approval of the Director of Legal Services; or ( f ) the Director of Legal Services is satisfied that it is in the public interest to do so. [40/2014] (3) Before doing under subsection (1) or (2) anything referred to in subsection (1)( a ), ( b ) or ( c ), the Director of Legal Services must give the Joint Law Venture or Formal Law Alliance, or the constituent foreign law practice of the Joint Law Venture or each foreign law practice which is a member of the Formal Law Alliance (as the case may be) not less than 14 days after the date of the notice to make representations in writing. [40/2014] (4) Where an entity which was registered as a Joint Law Venture under the repealed section 130B as in force immediately before 19 September 2008 is deemed under section 169(12) to be a Joint Law Venture constituted under section 169, and any matter has arisen before 19 September 2008 which may constitute a ground for the cancellation of that registration under the provisions of the repealed section 130F as in force immediately before 19 September 2008, the Director of Legal Services may, on or after 18 November 2015, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)( a ), ( b ) or ( c ) in relation to that entity. [40/2014] [Act 8 of 2022 wef 18/11/2015] (5) Where an entity which was licensed as a Joint Law Venture under the repealed section 130B as in force immediately before 18 November 2015 is deemed under section 169(12) to be a Joint Law Venture constituted under section 169, and any matter has arisen before 18 November 2015 which may constitute a ground for the suspension or revocation of the Joint Law Venture licence issued in respect of that entity under the repealed section 130G as in force immediately before 18 November 2015, the Director of Legal Services may, on or after 18 November 2015, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)( a ), ( b ) or ( c ) in relation to that entity. [40/2014] [Act 8 of 2022 wef 18/11/2015] (6) Where an alliance formed by one or more foreign law practices and one or more Singapore law practices which was registered as a Formal Law Alliance under the repealed section 130C as in force immediately before 19 September 2008 is deemed under section 170(10) to be a Formal Law Alliance formed under section 170, and any matter has arisen before 19 September 2008 which may constitute a ground for the cancellation of that registration under the provisions of the repealed section 130F as in force immediately before 19 September 2008, the Director of Legal Services may, on or after 18 November 2015, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)( a ), ( b ) or ( c ) in relation to that alliance. [40/2014] [Act 8 of 2022 wef 18/11/2015] (7) Where an alliance formed by one or more foreign law practices and one or more Singapore law practices which was licensed as a Formal Law Alliance under the repealed section 130C as in force immediately before 18 November 2015 is deemed under section 170(10) to be a Formal Law Alliance formed under section 170, and any matter has arisen before 18 November 2015 which may constitute a ground for the suspension or revocation of the Formal Law Alliance licence issued in respect of that alliance under the repealed section 130G as in force immediately before 18 November 2015, the Director of Legal Services may, on or after 18 November 2015, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)( a ), ( b ) or ( c ) in relation to that entity. [40/2014] [Act 8 of 2022 wef 18/11/2015]


document_id: lpa-1966
provision_ref: s175
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 175
title: Regulatory control over Qualifying Foreign Law Practice or licensed foreign law practice
content:
175. —(1) The Director of Legal Services may, by written notice to a foreign law practice, do any of the following things, if the Director of Legal Services is satisfied that there is sufficient reason for doing so: ( a ) suspend or revoke the Qualifying Foreign Law Practice licence or foreign law practice licence which was issued to the foreign law practice; ( b ) order the foreign law practice to pay a penalty of not more than $100,000; ( c ) give a warning to the foreign law practice. [40/2014] (2) Without limiting subsection (1), the Director of Legal Services may, by written notice to a foreign law practice, do anything referred to in subsection (1)( a ), ( b ) or ( c ), if — ( a ) the registration or authorisation of the foreign law practice to practice law in a state or territory outside Singapore — (i) has been cancelled by the relevant authority of that state or territory as a result of any criminal, civil or disciplinary proceedings; or (ii) has lapsed; ( b ) the foreign law practice contravenes Part 5A or any rules made under section 70H, or fails to comply with any requirement under this Division; ( c ) the foreign law practice fails to comply with any condition subject to which its Qualifying Foreign Law Practice licence or foreign law practice licence was issued or renewed, as the case may be; ( d ) the foreign law practice has been dissolved or is in liquidation; or ( e ) the Director of Legal Services is satisfied that it is in the public interest to do so. [40/2014] (3) Before doing under subsection (1) or (2) anything mentioned in subsection (1)( a ), ( b ) or ( c ), the Director of Legal Services must give the foreign law practice not less than 14 days after the date of the notice to make representations in writing. [40/2014] (4) Where a foreign law practice which was issued a licence under the repealed section 130D as in force immediately before 18 November 2015 is deemed under section 171(7) to be a Qualifying Foreign Law Practice, and any matter has arisen before 18 November 2015 which may constitute a ground for the suspension or revocation of that licence under the repealed section 130H as in force immediately before 18 November 2015, the Director of Legal Services may, on or after 18 November 2015, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)( a ), ( b ) or ( c ) in relation to that foreign law practice. [40/2014] [Act 8 of 2022 wef 18/11/2015] (5) Where a foreign law practice which was or was deemed to be issued a licence under the repealed section 130E as in force immediately before 18 November 2015 is deemed under section 172(6) to be a licensed foreign law practice, and any matter has arisen before 18 November 2015 which may constitute a ground for the suspension or revocation of that licence under the repealed section 130H as in force immediately before 18 November 2015, the Director of Legal Services may, on or after 18 November 2015, rely on that matter as a sufficient reason under subsection (1) to do anything mentioned in subsection (1)( a ), ( b ) or ( c ) in relation to that foreign law practice. [40/2014] [Act 8 of 2022 wef 18/11/2015]


document_id: lpa-1966
provision_ref: s176
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 176
title: Foreign interests in Singapore law practices
content:
176. —(1) Subject to the provisions of this Division, where a foreign lawyer is registered under section 36B, 36C or 36D, nothing in this Act prevents the foreign lawyer, with the approval of the Director of Legal Services, from — ( a ) being a director, partner or shareholder in a Singapore law practice; or ( b ) sharing in the profits of a Singapore law practice. [40/2014] (2) Every foreign lawyer to whom an approval under subsection (1) has been granted, and every Singapore law practice mentioned in subsection (1), must comply with — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case on the foreign lawyer or Singapore law practice, as the case may be. [40/2014] (3) To avoid doubt, the approval of the Director of Legal Services under subsection (1) lapses if the registration of the foreign lawyer under section 36B, 36C or 36D is cancelled or suspended, or lapses. [40/2014] (4) With effect from 18 November 2015 — ( a ) a foreign lawyer who, immediately before that date, was or was deemed to be granted an approval under the repealed section 130L(1) as in force immediately before that date — (i) is deemed to be granted an approval under subsection (1); and (ii) must comply with — (A) the conditions mentioned in subsection (2)( a ); (B) the conditions (if any) imposed by the Attorney‑General on the foreign lawyer under the repealed section 130L(2)( b ) or 130P(5)( b ) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the foreign lawyer; ( b ) a Singapore law practice which, immediately before that date, was a Singapore law practice mentioned in the repealed section 130L(1) as in force immediately before that date — (i) is deemed to be a Singapore law practice which is mentioned in subsection (1); and (ii) must comply with — (A) the conditions mentioned in subsection (2)( a ); (B) the conditions (if any) imposed by the Attorney‑General on the Singapore law practice under the repealed section 130L(2)( b ) or 130P(5)( b ) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the Singapore law practice; and ( c ) any undertaking provided by that foreign lawyer, that Singapore law practice or any partner or director of that Singapore law practice under the repealed section 130M or 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 177 or 179, as the case may be. [40/2014] [Act 8 of 2022 wef 18/11/2015] (5) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign lawyer mentioned in subsection (4)( a ), and the Director of Legal Services may, upon receiving those particulars, issue a certificate of approval to that foreign lawyer, without any action on the part of that foreign lawyer. [40/2014] (6) With effect from 18 November 2015 — ( a ) any application which was made before that date for a foreign lawyer to be granted an approval under the repealed section 130L(1) as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for that foreign lawyer to be granted an approval under subsection (1); and ( b ) any undertaking provided under the repealed section 130M or 130Q as in force immediately before that date, by that foreign lawyer, by a Singapore law practice in respect of which that foreign lawyer applied for an approval under the repealed section 130L(1) as in force immediately before that date, or by a partner or director of that Singapore law practice, is deemed to be an undertaking provided under section 177 or 179 (as the case may be) by that foreign lawyer, Singapore law practice, partner or director, as the case may be. [40/2014] [Act 8 of 2022 wef 18/11/2015] (7) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (6). [40/2014] (8) To avoid doubt, for the purposes of this section and section 177, it is irrelevant whether a foreign lawyer practises in Singapore or elsewhere. [40/2014] (9) Subject to the provisions of this Division, nothing in this Act prevents a foreign law practice, with the approval of the Director of Legal Services, from — ( a ) being a shareholder in any Singapore law practice which is a law corporation; or ( b ) sharing in the profits of any Singapore law practice. [40/2014] (10) Every foreign law practice and every Singapore law practice mentioned in subsection (9) must comply with — ( a ) such conditions as may be prescribed; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case on the foreign law practice or Singapore law practice, as the case may be. [40/2014] (11) With effect from 18 November 2015 — ( a ) a foreign law practice, immediately before that date, was granted an approval under the repealed section 130L(6) as in force immediately before that date — (i) is deemed to be granted an approval under subsection (9); and (ii) must comply with — (A) the conditions mentioned in subsection (10)( a ); (B) the conditions (if any) imposed by the Attorney‑General on the foreign law practice under the repealed section 130L(7)( b ) or 130P(5)( b ) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the foreign law practice; ( b ) a Singapore law practice which, immediately before that date, was a Singapore law practice mentioned in the repealed section 130L(6) as in force immediately before that date — (i) is deemed to be a Singapore law practice which is mentioned in subsection (9); and (ii) must comply with — (A) the conditions mentioned in subsection (10)( a ); (B) the conditions (if any) imposed by the Attorney‑General on the Singapore law practice under the repealed section 130L(7)( b ) or 130P(5)( b ) as in force immediately before that date; and (C) such conditions as the Director of Legal Services may think fit to impose in any particular case on the Singapore law practice; and ( c ) any undertaking provided by that foreign law practice, that Singapore law practice or any partner or director of that foreign law practice or Singapore law practice under the repealed section 130M or 130Q as in force immediately before that date is enforceable by the Director of Legal Services as if that undertaking were provided under section 177 or 179, as the case may be. [40/2014] [Act 8 of 2022 wef 18/11/2015] (12) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any foreign law practice mentioned in subsection (11)( a ), and the Director of Legal Services may, upon receiving those particulars and documents, issue a certificate of approval to that foreign law practice, without any action on the part of that foreign law practice. [40/2014] (13) With effect from 18 November 2015 — ( a ) any application which was made before that date for a foreign law practice to be granted an approval under the repealed section 130L(6) as in force immediately before that date, and which is pending immediately before that date, is deemed to be an application for that foreign law practice to be granted an approval under subsection (9); and ( b ) any undertaking provided under the repealed section 130M or 130Q as in force immediately before that date, by that foreign law practice, by a Singapore law practice in respect of which that foreign law practice applied for an approval under the repealed section 130L(6) as in force immediately before that date, or by a partner or director of that Singapore law practice, is deemed to be an undertaking provided under section 177 or 179 (as the case may be) by that foreign law practice, Singapore law practice, partner or director, as the case may be. [40/2014] [Act 8 of 2022 wef 18/11/2015] (14) The Attorney-General may transfer to the Director of Legal Services the particulars of and documents relating to any application mentioned in subsection (13). [40/2014] (15) To avoid doubt, for the purposes of this section and section 177, it is irrelevant whether a foreign law practice is licensed under section 169, 170, 171 or 172 or has given notice of the establishment of a representative office under section 173. [40/2014]


document_id: lpa-1966
provision_ref: s177
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 177
title: Measures to ensure compliance with section 176
content:
177. —(1) Where a Singapore law practice applies for an approval under section 176(1) in respect of a foreign lawyer, the Director of Legal Services may require the Singapore law practice making the application, the foreign lawyer and any partner or director of the Singapore law practice to provide such undertakings as the Director of Legal Services thinks fit to prevent any direct or indirect circumvention of section 176 or any condition under section 176(2). [40/2014] (2) Where any foreign lawyer, Singapore law practice or partner or director mentioned in subsection (1) has contravened section 176 or any undertaking provided by that person or Singapore law practice (as the case may be) under subsection (1) — ( a ) the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) must without delay notify the Director of Legal Services in writing of the contravention; ( b ) the foreign lawyer or partner or director concerned (as the case may be) must immediately cease to exercise his or her voting rights as a shareholder or partner in the Singapore law practice concerned; ( c ) subject to any direction issued by the Director of Legal Services under subsection (4)( b ), the foreign lawyer concerned must as soon as practicable repay to the Singapore law practice concerned any payment he or she has received in excess of the amount permitted under any rules made under section 184; ( d ) the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) must take all reasonable steps to remove the circumstances giving rise to the contravention; and ( e ) the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) must comply with any directions issued by the Director of Legal Services under subsections (3) and (4). [40/2014] (3) Where any foreign lawyer, Singapore law practice or partner or director mentioned in subsection (1) has contravened section 176 or any undertaking required under subsection (1), the Director of Legal Services may — ( a ) cancel the approval under section 176(1) in respect of the foreign lawyer concerned; and ( b ) issue directions to the foreign lawyer, Singapore law practice or partner or director concerned (as the case may be) to ensure compliance with section 176. [40/2014] (4) Without limiting subsection (3)( b ), the Director of Legal Services may direct — ( a ) the foreign lawyer concerned to divest himself or herself of any shares or equity interests he or she may have in the Singapore law practice within such time as the Director of Legal Services may specify; ( b ) the foreign lawyer concerned to repay to the Singapore law practice concerned any payment he or she has received in excess of the amount permitted under any rules made under section 184 within such time as the Director of Legal Services may specify; and ( c ) the foreign lawyer concerned to cease — (i) to be a partner, a director or an officer of the Singapore law practice concerned; and (ii) to act in such capacity, within such time as the Director of Legal Services may specify. [40/2014] [Act 37 of 2023 wef 14/06/2024] (5) Where a Singapore law practice applies for an approval under section 176(9) in respect of a foreign law practice, the Director of Legal Services may require the Singapore law practice making the application, the foreign law practice and any partner or director of the Singapore law practice or foreign law practice to provide such undertakings as the Director of Legal Services thinks fit to prevent any direct or indirect circumvention of section 176 or any condition under section 176(10). [40/2014] (6) Where any Singapore law practice, foreign law practice or partner or director mentioned in subsection (5) has contravened section 176 or any undertaking provided by the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) under subsection (5) — ( a ) the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) must without delay notify the Director of Legal Services in writing of the contravention; ( b ) the partner or director concerned must, if he or she is a partner or director of the Singapore law practice concerned, immediately cease to exercise his or her voting rights as a shareholder or partner in the Singapore law practice concerned; ( c ) subject to any direction issued by the Director of Legal Services under subsection (8)( b ), the foreign law practice concerned must as soon as practicable repay to the Singapore law practice concerned any payment it has received in excess of the amount permitted under any rules made under section 184; ( d ) the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) must take all reasonable steps to remove the circumstances giving rise to the contravention; and ( e ) the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) must comply with any directions issued by the Director of Legal Services under subsections (7) and (8). [40/2014] (7) Where any Singapore law practice, foreign law practice or partner or director mentioned in subsection (5) has contravened section 176 or any undertaking required under subsection (5), the Director of Legal Services may — ( a ) cancel the approval under section 176(9) in respect of the foreign law practice concerned; and ( b ) issue directions to the Singapore law practice, foreign law practice or partner or director concerned (as the case may be) to ensure compliance with section 176. [40/2014] (8) Without limiting subsection (7)( b ), the Director of Legal Services may direct the foreign law practice concerned — ( a ) to divest itself of any shares it may have in the Singapore law practice concerned within such time as the Director of Legal Services may specify; and ( b ) to repay to the Singapore law practice concerned any payment the foreign law practice has received in excess of the amount permitted under any rules made under section 184 within such time as the Director of Legal Services may specify. [40/2014] (9) A direction under this section must be — ( a ) issued in writing and must specify the provision under section 176 or the undertaking provided under this section that has been contravened; and ( b ) sent to the person or law practice to which it relates at the last known address of that person or law practice. [40/2014] (10) Any undertaking provided under the repealed section 130M(1) or (4A) as in force immediately before 18 November 2015 is deemed, with effect from that date, to be an undertaking provided under subsection (1) or (5), as the case may be. [40/2014] [Act 8 of 2022 wef 18/11/2015] (11) Any directions issued by the Attorney-General under the repealed section 130M(3), (4), (4C) or (4D) as in force immediately before 18 November 2015 are deemed, with effect from that date, to be directions issued by the Director of Legal Services under subsection (3), (4), (7) or (8), as the case may be. [40/2014] [Act 8 of 2022 wef 18/11/2015]


document_id: lpa-1966
provision_ref: s178
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 178
title: Application for and renewal of licence or approval under this Division
content:
178. —(1) An application for any licence or approval under this Division must be — ( a ) made to the Director of Legal Services in such form and manner as the Director of Legal Services may require; and ( b ) accompanied by — (i) such fee as may be prescribed; and (ii) such documents and information as the Director of Legal Services may require. [40/2014] (2) Any licence or approval under this Division which is prescribed for the purposes of this subsection remains valid until it is suspended, revoked or cancelled in accordance with this Division. [40/2014] (3) Any licence or approval under this Division which is prescribed for the purposes of this subsection is, unless it is sooner suspended, revoked or cancelled in accordance with this Division, valid for such period as the Director of Legal Services may specify. [40/2014] (4) The Director of Legal Services may renew any licence or approval mentioned in subsection (3) for such period as the Director of Legal Services may specify, on an application — ( a ) made to the Director of Legal Services in such form and manner as the Director of Legal Services may require; and ( b ) accompanied by — (i) such fee as may be prescribed; and (ii) such documents and information as the Director of Legal Services may require. [40/2014] (5) The Director of Legal Services may renew any licence or approval mentioned in subsection (3) subject to — ( a ) such conditions as may be prescribed for the renewal of that type of licence or approval; and ( b ) such conditions as the Director of Legal Services may think fit to impose in any particular case. [40/2014] (6) The Director of Legal Services may suspend, revoke or cancel any licence or approval under this Division if that licence or approval was obtained by fraud or misrepresentation. [40/2014] (7) With effect from 18 November 2015, any application which was made before that date, under the repealed section 130P(4) as in force immediately before that date, to renew any licence or approval referred to in the repealed section 130P(3) as in force immediately before that date (being a licence under the repealed section 130B, 130C, 130D or 130E as in force immediately before that date, or an approval under the repealed section 130L(1) or (6) as in force immediately before that date), and which is pending immediately before that date, is deemed to be an application under subsection (4) to renew the corresponding licence or approval mentioned in subsection (3) (being a licence under section 169, 170, 171 or 172 or an approval under section 176(1) or (9), as the case may be). [40/2014] [Act 8 of 2022 wef 18/11/2015] (8) The Attorney-General may transfer to the Director of Legal Services the particulars of and any documents relating to any application mentioned in subsection (7). [40/2014]


document_id: lpa-1966
provision_ref: s179
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 179
title: Compliance with guidelines, directions, undertakings and conditions
content:
179. —(1) The Director of Legal Services may require any person making an application for any licence or approval under this Division to provide such undertakings as the Director of Legal Services thinks fit to prevent any direct or indirect circumvention of the provisions of this Division. [40/2014] (2) The Director of Legal Services may issue guidelines relating to any licence or approval under this Division. [40/2014] (3) Where any requirement of any guideline issued under this section conflicts with any requirement specified in this Division, the latter prevails. [40/2014] (4) The Director of Legal Services must cause all guidelines issued under this section to be published in such manner as will give persons to whom, or entities to which, the guidelines relate notice of the requirements specified in the guidelines. [40/2014] (5) It is a condition of every licence or approval under this Division that the person or entity licensed or granted approval must comply with the requirements of this Division, including any guideline issued under this section and any undertaking provided under this section or section 177. [40/2014] (6) The Director of Legal Services may, if he or she is satisfied that any person or entity licensed or granted approval under this Division has contravened any provision of this Division, any guideline issued under this section or any undertaking provided under this section or section 177, issue directions to that person or entity to ensure compliance by that person or entity. [40/2014] (7) A direction under subsection (6) must be — ( a ) issued in writing and must specify the provision of this Division or the guideline issued under this section or the undertaking provided under this section or section 177 that has been contravened; and ( b ) sent to the person or entity to which it relates at the last known address of that person or entity. [40/2014] (8) The Director of Legal Services may cancel the licence or approval under this Division in respect of any person or entity if that person or entity fails to comply with any condition of the licence or approval or with any direction of the Director of Legal Services issued under subsection (6) or section 177. [40/2014] (9) Where any undertaking was or was deemed, immediately before 18 November 2015, to be provided, under the repealed section 130Q as in force immediately before that date, for the purposes of any licence or approval under the repealed section 130B, 130C, 130D, 130E, 130F or 130L as in force immediately before that date, that undertaking is deemed, with effect from that date, to be an undertaking provided under this section. [40/2014] [Act 8 of 2022 wef 18/11/2015] (10) Any guidelines or directions issued by the Attorney‑General under the repealed section 130Q as in force immediately before 18 November 2015 for the purposes of any licence or approval under the repealed section 130B, 130C, 130D, 130E, 130F or 130L as in force immediately before that date are deemed, with effect from that date, to be guidelines or directions (as the case may be) issued by the Director of Legal Services under this section. [40/2014] [Act 8 of 2022 wef 18/11/2015] (11) To avoid doubt, a reference to guidelines in this section includes a reference to notices, guidance notes or other similar communications by whatever name called. [40/2014]


document_id: lpa-1966
provision_ref: s180
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 180
title: Appeal against decision of Director of Legal Services under this Division, etc.
content:
180. —(1) Any person who is aggrieved by a decision of the Director of Legal Services under this Division may, within the prescribed period, appeal to the Minister in the prescribed manner. [40/2014] (2) A person making an appeal under subsection (1) must comply with any rules made under section 184 for the purposes of this section. [40/2014] (3) In determining an appeal under this section, the Minister may — ( a ) confirm, vary or reverse the decision of the Director of Legal Services; or ( b ) direct the Director of Legal Services to reconsider that decision. [40/2014] (4) The Director of Legal Services may, if he or she is satisfied that it is in the public interest to do so, vary or revoke any condition imposed by him or her under this Division. [40/2014]


document_id: lpa-1966
provision_ref: s181
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 181
title: Failure to apply for licence, register or furnish information
content:
181. Where — ( a ) a foreign law practice and a Singapore law practice are required to obtain a Joint Law Venture licence or Formal Law Alliance licence but fail to apply for the licence; ( b ) a foreign law practice is required to obtain a Qualifying Foreign Law Practice licence or foreign law practice licence but fails to apply for the licence; or ( c ) a Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice, or a foreign law practice, fails to furnish any particulars or information required under this Division, then the rights of the Joint Law Venture or foreign law practice under or arising out of any contract in relation to the legal services provided through the office or place of business in Singapore of the Joint Law Venture or foreign law practice (as the case may be) are not enforceable in legal proceedings in the name of the Joint Law Venture or foreign law practice. [40/2014]


document_id: lpa-1966
provision_ref: s182
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 182
title: Civil penalty
content:
182. —(1) Any person (including a Joint Law Venture, Formal Law Alliance, foreign law practice or Singapore law practice) that contravenes any provision in this Division shall be liable to pay a civil penalty in accordance with this section. [40/2014] (2) Whenever it appears to the Director of Legal Services that any such person has contravened any provision in this Division, the Director of Legal Services may bring an action in a court to seek an order for a civil penalty in respect of that contravention against — ( a ) that person; ( b ) the foreign law practice or Singapore law practice in which that person is a partner, a director, a consultant or an employee; ( c ) the Joint Law Venture or its constituent foreign law practice or constituent Singapore law practice, in which that person is practising; or ( d ) the Formal Law Alliance or any foreign law practice or Singapore law practice which is a member of the Formal Law Alliance and in which that person is practising. [40/2014] (3) If the court is satisfied on a balance of probabilities that the person has contravened a provision in this Division, the court may make an order for the payment of a civil penalty against — ( a ) the person, being an individual, of a sum not exceeding $50,000; or ( b ) the foreign law practice, Singapore law practice, Joint Law Venture or Formal Law Alliance against which the action is brought under subsection (2), of a sum not exceeding $100,000. [40/2014] (4) Despite subsection (3), where an action has been brought against a person or a foreign law practice, Singapore law practice, Joint Law Venture or Formal Law Alliance (called in this section the defendant), the court may make an order against the defendant if the Director of Legal Services has agreed to allow the defendant to consent to the order with or without admission of a contravention of a provision in this Division and the order may be made on such terms as may be agreed between the Director of Legal Services and the defendant. [40/2014] (5) Nothing in this section prevents the Director of Legal Services from entering into an agreement with the defendant to pay, with or without admission of liability, a civil penalty within the limits referred to in subsection (3) for a contravention of any provision in this Division. [40/2014] (6) A civil penalty imposed under this section must be paid into the Consolidated Fund. [40/2014] (7) If the defendant fails to pay the civil penalty imposed on the defendant within the time specified in the court order mentioned in subsection (3) or (4) or specified under the agreement mentioned in subsection (5), the Director of Legal Services may recover the civil penalty as though the civil penalty were a judgment debt due to the Government. [40/2014] (8) Rules of Court may be made to — ( a ) regulate and prescribe the procedure and practice to be followed in respect of proceedings under this section; and ( b ) provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings. [40/2014] (9) This section applies even though disciplinary action has been taken against the foreign lawyer or solicitor concerned under any other provision of this Act or by any professional disciplinary body (whether in Singapore or in any state or territory outside Singapore). [40/2014]


document_id: lpa-1966
provision_ref: s183
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 183
title: Liability of partners, directors and shareholders
content:
183. Where a Joint Law Venture, Formal Law Alliance, foreign law practice or Singapore law practice is proved to have contravened any provision in this Division, every partner, director and shareholder of the Joint Law Venture, Formal Law Alliance, foreign law practice or Singapore law practice (as the case may be) at the time of the contravention is deemed to have contravened the provision, unless he or she proves that — ( a ) the contravention occurred without his or her consent or connivance; and ( b ) he or she exercised such diligence to prevent the contravention as he or she ought to have exercised having regard to the nature of his or her function in that capacity and to all the circumstances. [40/2014]


document_id: lpa-1966
provision_ref: s184
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 184
title: Rules for this Division
content:
184. —(1) The Minister may make such rules as may be necessary or expedient for the purposes of this Division. [40/2014] (2) Without limiting subsection (1), the Minister may make rules — ( a ) to prescribe anything which may be prescribed under this Division; ( b ) to prescribe the experience and expertise required for eligibility to apply for a Joint Law Venture licence or a Formal Law Alliance licence; ( c ) to prescribe the manner or means by which a Joint Law Venture or a Formal Law Alliance may conduct its business or publicise itself; ( d ) to provide for any provision of this Act (other than this Division) to apply, with such modifications as may be specified, to — (i) a constituent Singapore law practice of a Joint Law Venture; or (ii) a Singapore law practice which is a member of a Formal Law Alliance; ( e ) to prescribe any condition for eligibility to apply for any licence or approval under this Division; ( f ) to provide, without limiting section 178, for the making of any application for any licence or approval under this Division, or for the renewal of any such licence or approval, and for all other related matters; ( g ) to provide for — (i) the payment of fees (including administrative fees and processing fees) and other charges for — (A) any application for, issue of or renewal of any licence under this Division; (B) any application for or renewal of any approval under this Division; (C) any notice required to be given under section 173; and (D) any matter related or incidental to any such application, issue, renewal or notice; and (ii) all other related matters; ( h ) to provide for the cancellation, suspension, revocation or lapsing of any licence or approval under this Division; ( i ) to require the submission of information and particulars relating to any Joint Law Venture, Formal Law Alliance, Qualifying Foreign Law Practice or foreign law practice required to be licensed under section 169, 170, 171 or 172 or granted approval under section 176(9), any representative office in respect of which notice is required to be given under section 173, and any person practising in or employed by any such Joint Law Venture, Formal Law Alliance, Qualifying Foreign Law Practice, foreign law practice or representative office; ( j ) to require the submission of information and particulars relating to any foreign lawyer required to be granted approval under section 176(1); ( k ) to provide for the form and manner in which registers of Joint Law Ventures, Formal Law Alliances, Qualifying Foreign Law Practices, foreign law practices and representative offices licensed under this Division or given notice of under section 173 are to be kept; ( l ) to provide for the form and manner in which registers of approvals of the Director of Legal Services under section 176(1) or (9) are to be kept; ( m ) to provide for the issuance and amendment of licences or certificates of approval, and certified true copies of such licences or certificates, and for the payment of fees in relation to such licences or certificates; ( n ) for regulating Joint Law Ventures, Formal Law Alliances, Qualifying Foreign Law Practices, foreign law practices and foreign lawyers licensed or granted approval under this Division, including the imposition of compulsory insurance cover and financial controls; ( o ) to provide for any provision of this Act that is applicable to an advocate and solicitor to apply, with such modifications as may be specified, to any foreign lawyer granted the approval of the Director of Legal Services under section 176(1); ( p ) to provide for measures to ensure compliance with the requirements of section 176, including — (i) measures requiring any foreign lawyer who is a shareholder or partner in a Singapore law practice to divest himself or herself of his or her shares or interests in the Singapore law practice; and (ii) measures requiring any foreign law practice which is a shareholder in a Singapore law practice to divest itself of its shares in the Singapore law practice; ( q ) to provide for sections 72 and 73 and any rules made under section 72 or 73 to apply, with such modifications as may be specified, to — (i) a Joint Law Venture or its constituent foreign law practice; (ii) a Qualifying Foreign Law Practice; or (iii) a licensed foreign law practice, in respect of the practice of Singapore law; ( r ) to exempt any person or entity, or any class of persons or entities, from any provision of this Division or of any rules made under section 74(3) or 75B(3); and ( s ) to prescribe such transitional, savings, incidental, consequential or supplementary provisions as the Minister considers necessary or expedient. [40/2014] Division 5 &#x2014; Group practices


document_id: lpa-1966
provision_ref: s184A
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 184A
title: Formation of group practices
content:
184A. —(1) Two or more Singapore law practices may apply jointly to practise as a Singapore group practice. [22/2018] (2) Two or more foreign law practices may apply jointly to practise as a foreign group practice. [22/2018] (3) The Director of Legal Services may, after consulting such authorities as the Director of Legal Services thinks fit, grant or refuse an application under subsection (1) or (2). [22/2018] (4) An application under subsection (1) or (2) may be granted subject to such conditions as the Director of Legal Services thinks fit to impose in any particular case. [22/2018]


document_id: lpa-1966
provision_ref: s184B
chapter: PART 9A - LAW PRACTICE ENTITIES
section: 184B
title: Rules for this Division
content:
184B. —(1) The Minister may make such rules as may be necessary or expedient for the purposes of this Division. [22/2018] (2) Without limiting subsection (1), the Minister may make rules to prescribe — ( a ) the types of Singapore law practice that may form a Singapore group practice and the requirements that any Singapore group practice, and any member of a Singapore group practice, must comply with; ( b ) the types of foreign law practice that may form a foreign group practice and the requirements that any foreign group practice, and any member of a foreign group practice, must comply with; ( c ) the manner of making an application to the Director of Legal Services under section 184A(1) or (2), and the fees payable for such an application; ( d ) the grounds for cancellation of an approval of the Director of Legal Services to practise as a Singapore group practice or foreign group practice; and ( e ) such saving and transitional provisions as the Minister considers necessary or expedient. [22/2018]


document_id: lpa-1966
provision_ref: s185
chapter: PART 10 - MISCELLANEOUS
section: 185
title: General provision as to rules
content:
185. All rules made under the provisions of this Act must be presented to Parliament as soon as possible after publication in the Gazette . [40/2014]


document_id: lpa-1966
provision_ref: s186
chapter: PART 10 - MISCELLANEOUS
section: 186
title: Offices of Institute and Society
content:
186. —(1) The Institute and the Society must each at all times keep and maintain an office and the address of the office and any change thereof must be published by the Institute and the Council respectively in the Gazette . [8/2011; 40/2014] (2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other written communications required or authorised or ordered to be served on or delivered or sent to the Institute, the Society or the Council are deemed to be duly served, delivered or sent if left at the office of the Institute or the Society, as the case may be. [8/2011]


document_id: lpa-1966
provision_ref: s187
chapter: PART 10 - MISCELLANEOUS
section: 187
title: Service of documents
content:
187. —(1) Any document, other than process of court that is required to be served or delivered under this Act, may be sent by post. [40/2014] (2) A certificate in writing signed by an officer of the Society or the Institute, a member of the Council or a member of the Board of Directors of the Institute that that document was properly addressed and posted and setting out the date of its posting is prima facie evidence of service thereof. [8/2011] (3) Any document addressed to an advocate and solicitor at his or her only or principal address last appearing in the register of practitioners is deemed to be properly addressed.


document_id: lpa-1966
provision_ref: s188
chapter: PART 10 - MISCELLANEOUS
section: 188
title: Recovery of moneys by Institute and Society
content:
188. In addition to any other method of recovery and to any other right, remedy or power vested in the Institute or in the Society or the Council — ( a ) any sum of money payable to the Institute under this Act may be recovered by the Institute as a debt in any court of competent jurisdiction; and ( b ) any sum of money payable to the Society or the Council under this Act may be recovered by the Society as a debt in any court of competent jurisdiction. [8/2011; 40/2014]


document_id: lpa-1966
provision_ref: s189
chapter: PART 10 - MISCELLANEOUS
section: 189
title: Rules Committee to prescribe certain fees and costs
content:
189. The Rules Committee may, from time to time, make rules to prescribe — ( a ) the fees payable under sections 11D(3), 15(7), 16(3), 18(3)( b ), 25(1)( e ) and 93(6); and [Act 37 of 2023 wef 17/07/2024] ( b ) the costs mentioned in section 121(1) and (2). [8/2011; 40/2014]


document_id: lpa-1966
provision_ref: s190
chapter: PART 10 - MISCELLANEOUS
section: 190
title: Relief to banks
content:
190. —(1) Subject to this section, no bank shall, in connection with any transaction on account of any solicitor or law corporation or limited liability law partnership kept with it or with any other bank (other than an account kept by a solicitor as trustee for a specified beneficiary), incur any liability or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to any such account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it. [40/2014] (2) Nothing in subsection (1) relieves a bank from any liability or obligation under which it would be apart from section 73 or this section. (3) Despite subsection (1), a bank at which a solicitor or law corporation or limited liability law partnership keeps an account for clients’ moneys does not, in respect of any liability of the solicitor or law corporation or limited liability law partnership to the bank, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of set‑off, counterclaim, charge or otherwise, against moneys standing to the credit of that account.


document_id: lpa-1966
provision_ref: s191
chapter: PART 10 - MISCELLANEOUS
section: 191
title: Jurisdiction of court
content:
191. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence. [40/2014]


document_id: lpa-1966
provision_ref: s192
chapter: PART 10 - MISCELLANEOUS
section: 192
title: Interlocutory applications in certain proceedings
content:
192. Despite anything in this Act, any interlocutory application in proceedings under this Act before a court of 3 Supreme Court Judges may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: lpa-1966
provision_ref: s193
chapter: PART 10 - MISCELLANEOUS
section: 193
title: Rules for certain proceedings
content:
193. —(1) The Rules Committee may make rules regulating and prescribing the procedure and practice to be followed in proceedings under this Act before a court of 3 Supreme Court Judges, including — ( a ) the fees and deposits payable for any such proceedings; and ( b ) any matter incidental to or relating to the procedure and practice to be followed in any such proceedings. (2) In the absence of any rule dealing with any point of procedure or practice made under subsection (1), the Rules of Court may be followed as nearly as the circumstances permit. [Act 25 of 2021 wef 01/04/2022]


document_id: lpa-1966
provision_ref: s194
chapter: PART 10 - MISCELLANEOUS
section: 194
title: Court of 3 Supreme Court Judges may conduct hearing through electronic means of communication
content:
194. —(1) A court of 3 Supreme Court Judges may conduct the hearing of any matter or proceeding under this Act (other than a matter or proceeding prescribed by rules made under section 193(1) for the purpose of this subsection) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the Chief Justice. (2) Subsection (1) does not affect the operation of section 62A of the Evidence Act 1893. (3) A court of 3 Supreme Court Judges must not conduct any part of a hearing of a matter or proceeding through a live audio link only, without an accompanying live video link or live television link — ( a ) where oral evidence is given during that part of the hearing, unless all the parties consent; or ( b ) where the matter or proceeding is prescribed by rules made under section 193(1) for the purpose of this subsection. (4) For the purposes of subsection (3), a court of 3 Supreme Court Judges is not considered to have conducted a part of a hearing of a matter or proceeding through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the court’s duty to conduct proceedings fairly. (5) A court of 3 Supreme Court Judges must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the court’s duty to ensure that the hearing is conducted fairly to all parties. (6) To avoid doubt, a court of 3 Supreme Court Judges may conduct the hearing of any matter or proceeding in the manner provided under subsection (1) whether any Judge sitting in the court is situated in Singapore or outside Singapore; and the court is deemed to be sitting in Singapore even though any Judge sitting in the court is situated outside Singapore. [Act 37 of 2023 wef 14/06/2024]


document_id: lpa-2008
provision_ref: s2
chapter: PART 1 - GENERAL
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “ACRA administered Act” means the Accounting and Corporate Regulatory Authority Act 2004 or any of the written laws specified in the Second Schedule to that Act; [Act 21 of 2024 wef 9/12/2024] “agreed contribution”, in relation to a limited partner, means any contribution (whether in the form of cash, property, services or otherwise) that the limited partner has agreed to make to the firm in the limited partner’s capacity as a partner; [ Deleted by Act 21 of 2024 wef 9/12/2024 ] “Authority” means the Accounting and Corporate Regulatory Authority established under the Accounting and Corporate Regulatory Authority Act 2004; “business” includes every form of trade, commerce, craftsmanship, calling, profession and any activity carried on for the purposes of gain; “business name” means the name or style under which any person carries on business; “certificate of confirmation of registration” means a certificate issued under section 12(3); “contact address”, in relation to an individual, means an address that meets all of the following conditions: ( a ) it is a physical address at which the individual can be physically found or contacted by post; ( b ) it is not a post office box number; ( c ) it is located in the same jurisdiction as the individual’s residential address; [Act 21 of 2024 wef 9/12/2024] “corporation” means any body corporate formed or incorporated or existing in Singapore or outside Singapore and includes — ( a ) any limited liability partnership registered under the Limited Liability Partnerships Act 2005; and ( b ) any foreign company, but does not include — ( c ) any corporation sole; ( d ) any co-operative society; [Act 30 of 2024 wef 01/11/2024] ( e ) any registered trade union; or [Act 30 of 2024 wef 01/11/2024] ( f ) any registered platform work association; [Act 30 of 2024 wef 01/11/2024] “document” means any application, form, report, certification, notice, confirmation, declaration or other document to be filed or lodged with or submitted to the Registrar or (as the case may be) any certificate, notice or other document to be issued by the Registrar; “firm” means an unincorporated body of — ( a ) 2 or more individuals; ( b ) one or more individuals and one or more corporations; or ( c ) 2 or more corporations, who have entered into partnership with one another with a view to carrying on business for profit; “foreign company” has the meaning given by section 4(1) of the Companies Act 1967; “foreign firm” means any firm, individual or corporation whose principal place of business is situated outside Singapore; “full name” or “name” means — ( a ) in the case of an individual registered under the National Registration Act 1965 — the name as it appears in the latest identity card issued to that individual under section 9 of that Act; or ( b ) in the case of an individual not registered under the National Registration Act 1965 — the name as it appears in the latest passport issued to that individual or such other similar evidence of identification as is available; [Act 21 of 2024 wef 9/12/2024] “general partner” means any partner of a firm who is not a limited partner as defined in this Act; “identification” means — ( a ) in the case of an individual issued with an identity card under the National Registration Act 1965, the number of the individual’s identity card; and ( b ) in the case of an individual not issued with an identity card under that Act, particulars of the individual’s passport or any other similar evidence of identity that is acceptable to the Registrar; “individual” means a natural person and includes an administrator, executor, a liquidator, trustee, or nominee of any person, guardian or committee having a direct control or management of any business but does not include a corporation; “inspector” means a person authorised in writing by the Registrar to be an inspector for the purposes of this Act; “limited partner”, in relation to a firm, means any partner who, under the terms of the partnership agreement, is not liable for the debts or obligations of the firm beyond the amount of the limited partner’s agreed contribution; “notice of registration” means a notice of registration issued under section 12(2); “person” includes any corporation, firm, foreign firm and individual; “register” means any register kept under or by virtue of this Act; “Registrar” means the Registrar of Limited Partnerships appointed under section 9 and includes any Deputy Registrar or Assistant Registrar of Limited Partnerships appointed under that section; “residential address”, in relation to an individual, means the individual’s usual place of residence; “resultant firm”, in relation to a limited partnership that has ceased to be a limited partnership because no person remains registered as a limited partner of the limited partnership, means the resulting firm or sole proprietorship comprising the remaining partners or partner of the former limited partnership. [18/2014; 35/2014] (2) A person who has a place of business in Singapore is deemed to be carrying on business in Singapore for the purposes of this Act. (3) For the purposes of sections 12(7), 13(2), 14(4), 17(5), 17A(9) and (10) and 20, any reference to the Minister includes a reference to the Minister of State for his or her Ministry who is authorised by the Minister for the purpose of hearing an appeal under that section. [35/2014]


document_id: lpa-2008
provision_ref: s3
chapter: PART 2 - RULES OF LAW RELATING TO
section: 3
title: Constitution of limited partnership
content:
3. —(1) From 4 May 2009, limited partnerships may be formed in accordance with and subject to the conditions of this Act. (2) A limited partnership must consist of — ( a ) one or more general partners; and ( b ) one or more limited partners. (3) A general partner is liable for all debts and obligations of the limited partnership incurred while he, she or it is a general partner in the limited partnership. (4) Subject to sections 6(2) and 10, a limited partner is not liable for the debts or obligations of the limited partnership beyond the amount of the limited partner’s agreed contribution, solely by reason of the limited partner being a limited partner of the limited partnership. (5) An individual or a corporation may be a general partner or a limited partner.


document_id: lpa-2008
provision_ref: s4
chapter: PART 2 - RULES OF LAW RELATING TO
section: 4
title: Law as to private partnerships to apply unless excluded by this Act
content:
4. —(1) Subject to the provisions of this Act, the Partnership Act 1890 and the rules of equity and of common law applicable to partnerships (except so far as they are inconsistent with the express provisions of the Partnership Act 1890) apply to limited partnerships. (2) In subsection (1), the reference to partnerships does not include limited liability partnerships.


document_id: lpa-2008
provision_ref: s5
chapter: PART 2 - RULES OF LAW RELATING TO
section: 5
title: Default rules on relationship of partners
content:
5. Subject to any agreement, expressed or implied, between the partners — ( a ) any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the general partners; and ( b ) a person may become a partner without the consent of the existing limited partners.


document_id: lpa-2008
provision_ref: s6
chapter: PART 2 - RULES OF LAW RELATING TO
section: 6
title: Limited partner not to take part in management of limited partnership
content:
6. —(1) Subject to subsections (2), (3) and (4), a limited partner must not take part in the management of the limited partnership, and does not have power to bind the limited partnership. (2) If a limited partner takes part in the management of the limited partnership, the limited partner is liable for all debts and obligations of the limited partnership incurred while so taking part in the management as though the limited partner were a general partner. (3) A limited partner is not to be regarded as taking part in the management of the limited partnership for the purposes of this section solely by reason of the limited partner acting or attempting to act in one or more of the capacities specified in the First Schedule. (4) To avoid doubt, the enumeration of acts in the First Schedule — ( a ) is not exhaustive; and ( b ) does not create rights or powers of limited partners.


document_id: lpa-2008
provision_ref: s7
chapter: PART 2 - RULES OF LAW RELATING TO
section: 7
title: Distributions to limited partner
content:
7. —(1) Subject to the partnership agreement, a limited partner may during the continuance of the partnership, with the approval of the general partners — ( a ) increase or reduce the amount of the limited partner’s agreed contribution; and ( b ) draw out or receive back the limited partner’s contributions, or any part of the contributions. (2) Despite subsection (1), the limited partner is liable to refund as partnership property of the firm any distribution of capital or profits of the firm made to the limited partner if — ( a ) every general partner at the time of the distribution (called in this subsection every partner) was insolvent at the time of the distribution or became insolvent as a result of the distribution; ( b ) the limited partner knew or ought to have known at the time of the distribution that every partner was insolvent or would become insolvent as a result of the distribution; and ( c ) every partner is adjudicated bankrupt or is ordered to be wound up within one year after the date of the distribution. (3) Despite subsection (1), an agreement to reduce the amount of the agreed contribution of a limited partner is of no effect if — ( a ) every general partner at the time of the agreement (called in this subsection every partner) was insolvent at the time of the agreement or became insolvent as a result of the agreement; ( b ) the limited partner knew or ought to have known at the time of the agreement that every partner was insolvent or would become insolvent as a result of the agreement; and ( c ) every partner is adjudicated bankrupt or is ordered to be wound up within one year after the date of the agreement.


document_id: lpa-2008
provision_ref: s8
chapter: PART 2 - RULES OF LAW RELATING TO
section: 8
title: Dissolution of limited partnership
content:
8. —(1) Despite section 32 of the Partnership Act 1890, a limited partner is not entitled to dissolve the partnership by notice. (2) Despite section 33(1) of the Partnership Act 1890, a limited partnership is not dissolved by the death, dissolution, bankruptcy or liquidation of a limited partner. (3) Despite section 33(2) of the Partnership Act 1890, the other partners are not entitled to dissolve the partnership by reason of any limited partner suffering the partner’s share of the partnership property to be charged for the partner’s separate debt. (4) Subsections (1), (2) and (3) apply subject to any agreement expressed or implied between the partners of a limited partnership. (5) The mental incapacity of a limited partner is not a ground for dissolution of the partnership by the court under section 35 of the Partnership Act 1890 unless the mentally incapacitated person’s share cannot be otherwise ascertained and realised. (6) In the event of the dissolution of a limited partnership, its affairs must be wound up by the general partners unless the court otherwise orders.


document_id: lpa-2008
provision_ref: s9
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 9
title: Administration of Act and appointment of Registrar of Limited Partnerships, etc.
content:
9. —(1) The Authority is responsible for the administration of this Act, subject to the general or special directions of the Minister. (2) The Minister may, after consultation with the Authority and for the proper administration of this Act — ( a ) appoint an officer of the Authority to be the Registrar of Limited Partnerships; and ( b ) appoint from among the officers of the Authority, public officers and the officers of any other statutory board, any number of Deputy Registrars and Assistant Registrars of Limited Partnerships that the Minister considers necessary. (3) The Registrar is responsible generally for the carrying out of the provisions of this Act and for the collection of the fees under this Act and must pay all amounts so collected into the funds of the Authority. (4) The Authority may give to the Registrar directions, not inconsistent with the provisions of this Act, as to the exercise of his or her powers, functions or duties under this Act, and the Registrar must give effect to those directions. (5) The Registrar may, subject to any conditions or restrictions that he or she thinks fit, for the purposes of the administration of this Act, delegate to any Deputy Registrar, Assistant Registrar or officer of the Authority all or any of the powers, functions and duties vested in the Registrar by this Act except — ( a ) the power of delegation conferred by this subsection; and ( b ) the power to make regulations under this Act.


document_id: lpa-2008
provision_ref: s10
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 10
title: Effect of registration
content:
10. —(1) A limited partner of a firm is deemed to be a general partner of the firm unless the limited partner is registered as a limited partner of the firm in accordance with this Act. (2) A limited partnership is deemed to be a general partnership unless one or more persons are registered as limited partners of the firm in accordance with this Act. (3) Subject to subsections (5) and (6) and section 36(3) of the Partnership Act 1890, where a person ( P ) deals with a firm after it becomes a limited partnership, P is entitled to treat — ( a ) the firm as a general partnership, even though the firm has been registered as a limited partnership, until P has notice of the registration of that firm as a limited partnership; and ( b ) any person who was a general partner of the firm as a general partner of the limited partnership until P has notice of the registration of that person as a limited partner of the limited partnership. (4) Subject to subsection (6) and section 36(3) of the Partnership Act 1890, where a person deals with a limited partnership after a general partner of the limited partnership becomes a limited partner of the limited partnership, the person is entitled to treat that partner as a general partner of the limited partnership until the person has notice of the registration of that partner as a limited partner of the limited partnership. (5) Registration of a firm as a limited partnership under this Act is notice of such registration to persons who, before the date of the registration, had no dealings with the firm. (6) Registration of a person as a limited partner of a limited partnership under this Act is notice of such registration to persons who, before the date of the registration, had no dealings with the limited partnership or the firm which subsequently became the limited partnership.


document_id: lpa-2008
provision_ref: s11
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 11
title: Manner and particulars of registration
content:
11. —(1) A limited partnership may be registered under this Act if a general partner of the limited partnership lodges with the Registrar, in such medium and in such form as the Registrar may determine, a statement containing the following particulars: ( a ) the name of the proposed limited partnership; ( b ) that the partnership is limited; ( c ) the general nature of the business of the proposed limited partnership; ( d ) the principal place of business of the proposed limited partnership and any other place where the business is carried on; ( e ) all of the following information of each individual who is to be a partner of the proposed limited partnership: (i) full name; (ii) identification; (iii) nationality; (iv) residential address and contact address; [Act 21 of 2024 wef 9/12/2024] ( f ) all of the following information of each body corporate which is to be a partner of the proposed limited partnership: (i) the corporate name; (ii) place of incorporation or registration; (iii) registration number; (iv) registered office of the corporation to which all notices and communications may be addressed; ( g ) in relation to each person who is to be a partner of the proposed limited partnership, whether that person is to be a general partner or a limited partner; ( h ) all of the following information of any individual who is appointed as a local manager under section 28: (i) full name; (ii) identification; (iii) nationality; (iv) residential address and contact address; [Act 21 of 2024 wef 9/12/2024] ( i ) the term (if any) for which the proposed limited partnership is entered into, and the date of its commencement; ( j ) any other information concerning the proposed limited partnership that the Minister may prescribe. [35/2014] (2) The statement mentioned in subsection (1) must be accompanied by — ( a ) a declaration by the general partner lodging the statement that each partner of the limited partnership has consented to be registered as a general or limited partner (as the case may be) of the limited partnership; and ( b ) a declaration by each general partner of the limited partnership that the general partner has consented to be registered as a general partner of the limited partnership. (3) Where a general partner of a limited partnership — ( a ) carries on a business wholly or mainly as nominee or trustee of or for another person, or other persons; or ( b ) acts as agent for any foreign firm for the general purposes of the business of that foreign firm in Singapore, the general partner must, in addition to the particulars required under subsection (1), provide the particulars mentioned in the Second Schedule to the Registrar. (4) The Registrar may, in any particular case, require the statements, declarations or particulars referred to in subsection (1), (2) or (3) to be verified in any manner that the Registrar considers fit. (5) The General Division of the High Court may, on the application of any person alleged or claiming to be a partner, direct the rectification of the register and decide any question arising under this section. [40/2019]


document_id: lpa-2008
provision_ref: s12
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 12
title: Registration
content:
12. —(1) On receiving the statement mentioned in section 11, the Registrar must, subject to the provisions of this Act and on payment of the prescribed fee, cause that statement to be entered in the register. (2) The Registrar must, upon the registration of a limited partnership in accordance with subsection (1), issue to the applicant a notice of registration in such form as the Registrar may determine. (3) The Registrar may, on receipt of an application in the prescribed form and on payment of the prescribed fee, issue a certificate of confirmation of registration in such form as the Registrar may determine. (4) Every registration under this Act is valid for such period as the Registrar may specify and is, subject to the provisions of this Act and on payment of the prescribed fee, renewable for such period as the Registrar may approve. (5) On receiving an application for the renewal of registration, the Registrar may require additional particulars or other information and may refuse to renew the registration if he or she is not provided with those particulars or the information. (6) Nothing in this section requires the Registrar to register any limited partnership if he or she is not satisfied with the particulars or other information provided under this Act. (7) Any person aggrieved by the refusal of the Registrar to register a limited partnership of which the person is to be a partner may, within 30 days of the date of the refusal, appeal to the Minister whose decision is final. (8) The registration of any limited partnership does not imply that the requirements of any law in relation to any business carried on by that limited partnership have been complied with.


document_id: lpa-2008
provision_ref: s13
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 13
title: Power to refuse registration
content:
13. —(1) Despite any provision in this Act or any other written law, the Registrar must refuse to register a limited partnership under this Act where the Registrar is satisfied that — ( a ) the proposed business is likely to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; or ( b ) it would be contrary to the national security or interest for the limited partnership to be registered. (2) Any person aggrieved by the decision of the Registrar under subsection (1) may, within 30 days of the date of the decision, appeal to the Minister whose decision is final.


document_id: lpa-2008
provision_ref: s14
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 14
title: Power to cancel registration
content:
14. —(1) The Registrar may cancel the registration of a limited partnership if — ( a ) the Registrar is satisfied that the business of the limited partnership is being used or is intended to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore, or that it would be contrary to the national security or interest for the limited partnership to continue to be registered under this Act; or ( b ) in connection with the business of the limited partnership, any general partner has been convicted of an offence under the Charities Act 1994. (2) The Registrar must, before cancelling any registration under subsection (1), give written notice of his or her intention to cancel the registration at the expiry of such period, not being less than 30 days, as is specified in the notice. (3) Any notice under this section may be addressed to the limited partnership and sent by post to the registered principal place of business of the limited partnership or any other place where the business is carried on. (4) Any person aggrieved by the cancellation under subsection (1) may, within 30 days of the date of the cancellation, appeal to the Minister whose decision is final.


document_id: lpa-2008
provision_ref: s15
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 15
title: Supplemental provision to sections 13 and 14
content:
15. —(1) For the purposes of sections 13 and 14, a certificate issued by the Minister charged with the responsibility for internal security stating that he or she is satisfied that it would be contrary to the national security or interest for the limited partnership to be registered under this Act is conclusive evidence of the matters so stated. (2) Section 14(2) does not apply in a case where the Registrar cancels the registration of a limited partnership under section 14(1)( a ) pursuant to a certificate mentioned in subsection (1).


document_id: lpa-2008
provision_ref: s16
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 16
title: Name of limited partnership
content:
16. —(1) The name of every limited partnership must contain the words “limited partnership” or the acronym “LP”. (2) A person registered as a general partner of a limited partnership must not carry on the business of the limited partnership under a name that is not registered under section 12 or 18(1). (3) The registration of the name of a limited partnership is not to be construed as authorising the use of that name if, apart from the registration, the use of that name could be prohibited. (4) Every general partner of a limited partnership who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: lpa-2008
provision_ref: s17
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 17
title: Reservation of limited partnership names
content:
17. —(1) A person may, by lodging an application with the Registrar, apply for the reservation of a name set out in the application as — ( a ) the name of a proposed limited partnership; or ( b ) the name to which a limited partnership proposes to change its name. [35/2014] (2) The Registrar may approve an application made under subsection (1) only if the Registrar is satisfied that — ( a ) the application is made in good faith; and ( b ) the name to be reserved is one in respect of which a limited partnership may be registered having regard to section 17A(1), (2) and (3). [35/2014] (3) The Registrar must refuse to approve an application to reserve a name under subsection (1) as the name of a proposed limited partnership if the Registrar is satisfied that — ( a ) the name is for a limited partnership that is likely to be used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; or ( b ) it would be contrary to the national security or interest for the limited partnership to be registered. [35/2014] (4) Where an application for a reservation of a name is made under subsection (1), the Registrar must reserve the proposed name of the proposed limited partnership or limited partnership for a period starting at the time the Registrar receives the application and ending — ( a ) if the Registrar approves the application, 60 days after the date on which the Registrar notifies the applicant that the application has been approved, or such further period of 60 days as the Registrar may, on application made in good faith, extend; or ( b ) if the Registrar refuses to approve the application, on the date on which the Registrar notifies the applicant of the refusal. [35/2014] (5) A person aggrieved by a decision of the Registrar — ( a ) refusing to approve an application under subsection (1); or ( b ) refusing an application under subsection (4)( a ) to extend the reservation period, may, within 30 days after being informed of the Registrar’s decision, appeal to the Minister whose decision is final. [35/2014]


document_id: lpa-2008
provision_ref: s17A
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 17A
title: Restrictions on registration of limited partnership names
content:
17A. —(1) Except with the consent of the Minister or as provided in subsection (3), the Registrar must refuse to register a limited partnership under this Act under a name, or to approve a change of name of a limited partnership under section 17B to a name, which, in the opinion of the Registrar — ( a ) is undesirable; ( b ) is identical to the name of any other limited partnership, a limited liability partnership or a corporation, or to a registered business name; ( c ) is identical to a name that is reserved under section 17, section 16 of the Business Names Registration Act 2014, section 23(4) of the Limited Liability Partnerships Act 2005 or section 27(12B), section 27(12B) as applied by section 357(2), or section 378(15) of the Companies Act 1967; or ( d ) is a name of a kind that the Minister has directed the Registrar, by notification in the Gazette , not to accept for registration. [35/2014; 15/2017] (2) In addition to subsection (1), the Registrar must on or after 3 January 2016, except with the consent of the Minister, refuse to register a limited partnership under a name, or allow a limited partnership to change its name to a name, if — ( a ) it is identical to the name of a limited partnership that was cancelled or dissolved — (i) unless, in a case where the registration of the limited partnership was cancelled under section 14(1) or 19(4), a period of at least one year has passed after the date of cancellation; or (ii) unless, in a case where notice was lodged with the Registrar that the limited partnership was dissolved under section 19(2), a period of at least one year has passed after the date of dissolution; ( b ) it is identical to the business name of a person whose registration and registration of that business name has been cancelled under the Business Names Registration Act 2014 or whose business has ceased under section 22 of that Act, unless a period of at least one year has passed after the date of cancellation or cessation; ( c ) it is identical to the name of a company that was dissolved — (i) unless, in a case where the company was dissolved following its winding up under Part 8 of the Insolvency, Restructuring and Dissolution Act 2018, a period of at least 2 years has passed after the date of dissolution; or (ii) unless, in a case where the company was dissolved following its name being struck off the register kept under the Companies Act 1967 under section 344 or 344A of that Act, a period of at least 6 years has passed after the date of dissolution; ( d ) it is identical to the name of a foreign company notice of the dissolution of which has been given to the Registrar of Companies under section 377(2) of the Companies Act 1967, unless a period of at least 2 years has passed after the date of dissolution; or ( e ) it is identical to the name of a limited liability partnership that was dissolved — (i) unless, in a case where the limited liability partnership was dissolved following its winding up under section 39 of, and the Fifth Schedule to, the Limited Liability Partnerships Act 2005, a period of at least 2 years has passed after the date of dissolution; or (ii) unless, in a case where the limited liability partnership was dissolved following its name being struck off the register under section 63 of the Limited Liability Partnerships Act 2005, a period of at least 6 years has passed after the date of dissolution. [35/2014; 40/2018] (3) Despite subsection (1), the Registrar may, on or after 3 January 2016, register a limited partnership under — ( a ) a name that is identical to the name of a foreign company registered under Division 2 of Part 11 of the Companies Act 1967 — (i) in respect of which notice was lodged under section 377(1) of the Companies Act 1967 that the foreign company has ceased to have a place of business in Singapore or ceased to carry on business in Singapore, if a period of at least 3 months has passed after the date of cessation; and (ii) the name of which was struck off the register kept under the Companies Act 1967 under section 377(8), (9) or (10) of that Act, if a period of at least 6 years has passed after the date the name was so struck off; or ( b ) a name that is identical to the name of a limited partnership in respect of which notice was lodged under section 19(1) that the limited partnership has ceased to carry on business, if a period of at least one year has passed after the date of cessation. [35/2014] (4) Despite this section and section 17B, where the Registrar is satisfied that a limited partnership’s name — ( a ) is one that is not permitted to be registered under subsection (1)( a ), ( b ) or ( d ); ( b ) is one that is not permitted to be registered under subsection (2) until the expiry of the relevant period mentioned in that subsection; ( c ) is one that is permitted to be registered under subsection (3) only after the expiry of the relevant period mentioned in that subsection; ( d ) so nearly resembles the name of any other limited partnership, any limited liability partnership or corporation or any registered business name, as to be likely to be mistaken for it; or ( e ) is one the use of which has been restrained by an injunction granted under the Trade Marks Act 1998, the Registrar may direct any general partner of the limited partnership to change the limited partnership’s name, and that person must comply with the direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow in any case. [35/2014] (5) The Registrar’s power under subsection (4) to direct any general partner of a limited partnership to change its name applies regardless of — ( a ) whether the limited partnership’s name was registered through inadvertence or otherwise; or ( b ) when the limited partnership was registered in respect of the name. [35/2014] (6) Any person may apply, in writing, to the Registrar to give a direction to any general partner of a limited partnership, on a ground referred to in subsection (4), to change the limited partnership’s name. [35/2014] (7) The Registrar is not to consider any application under subsection (6) to give a direction to a person on the ground referred to in subsection (4)( d ) unless the Registrar receives the application within 12 months after the date the limited partnership was registered in respect of the name, or the date the change of the limited partnership’s name was approved under section 17B. [35/2014] (8) The Registrar may cancel the registration of a limited partnership if a general partner of the limited partnership fails to comply with a direction given under subsection (4). [35/2014] (9) A person aggrieved by — ( a ) a direction of the Registrar under subsection (4); or ( b ) the Registrar’s refusal to give a direction to a person under subsection (4) following an application under subsection (6), may, within 30 days after being informed of the Registrar’s direction or refusal (as the case may be) appeal to the Minister whose decision is final. [35/2014] (10) To avoid doubt, where the Registrar makes a direction under subsection (4) or the Minister makes a decision on an appeal under subsection (9), the Registrar or the Minister (as the case may be) must accept as correct any decision of the General Division of the High Court to grant an injunction mentioned in subsection (4)( e ). [35/2014; 40/2019] (11) In this section, “registered business name” has the meaning given by section 2(1) of the Business Names Registration Act 2014. [35/2014]


document_id: lpa-2008
provision_ref: s17B
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 17B
title: Change of limited partnership name
content:
17B. —(1) An application by a limited partnership to change the name under which it was registered is to be lodged with the Registrar. [35/2014] (2) On approving the application, the Registrar must issue to the limited partnership a notice of change of name stating the date of the change. [35/2014] (3) Any application for a change of a limited partnership name is subject to section 17A. [35/2014]


document_id: lpa-2008
provision_ref: s18
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 18
title: Registration of change in particulars
content:
18. —(1) A general partner of a limited partnership must lodge with the Registrar — ( a ) within 14 days after the appointment of a new partner of a limited partnership, a statement containing the particulars referred to in section 11(1)( e ) or ( f ) (as the case may be) of the new partner; ( b ) within 14 days after the appointment of a new local manager of a limited partnership, a statement containing the particulars mentioned in section 11(1)( h ); ( c ) within 14 days after a partner or local manager ceases to be a partner or local manager of the limited partnership, a statement of that fact; ( d ) within 14 days after any change in the particulars of any partner or local manager of the limited partnership that have been lodged with the Registrar under this Act, other than the partner’s or local manager’s residential address, a statement containing the particulars of the change; or ( e ) within 14 days after any other change that is made or that occurs in any of the particulars registered in respect of any limited partnership, a statement specifying the nature and date of the change, and containing such other information as may be prescribed. [35/2014] (2) The Registrar may, on application by a general partner of the limited partnership, extend the period referred to in subsection (1)( a ) to ( e ). [35/2014] (3) Any person who ceases to be a partner or local manager of a limited partnership may himself, herself or itself lodge with the Registrar the statement mentioned in subsection (1)( c ) if the person has reasonable cause to believe that no general partner of the limited partnership will lodge the statement with the Registrar. [35/2014] (4) A partner (who is an individual) or a local manager who changes his or her residential address must lodge with the Registrar a notice of the new residential address within 14 days after the date of change. [35/2014] (5) Where a partner (who is an individual) or local manager has changed his or her residential address and has made a report of the change under section 10 of the National Registration Act 1965, the partner or local manager is to be taken to have informed the Registrar of the change of residential address in compliance with subsection (4). [35/2014] (6) The Registrar may, in any particular case, require a statement lodged under subsection (1) to be rectified in any manner that the Registrar considers fit. [35/2014] (7) Any statement required to be lodged under this section must be in such medium and form as the Registrar may determine. [35/2014] (8) A statement lodged on or after the date of commencement of section 61 of the ACRA (Registry and Regulatory Enhancements) Act 2024 — ( a ) in relation to the appointment of a new partner for the purposes of subsection (1)( a ), must contain the particulars mentioned in section 11(1)( e ) as in force when the statement is lodged, despite the new partner having been appointed before the date of commencement; and ( b ) in relation to the appointment of a new local manager for the purposes of subsection (1)( b ), must contain the particulars mentioned in section 11(1)( h ) as in force when the statement is lodged, despite the new local manager having been appointed before the date of commencement. [Act 21 of 2024 wef 9/12/2024]


document_id: lpa-2008
provision_ref: s18A
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 18A
title: Duty of partners and managers to provide information to limited partnership
content:
18A. —(1) A partner or local manager (as the case may be) must give every general partner of the limited partnership — ( a ) any information a general partner of a limited partnership needs to comply with section 18(1)( a ) or ( b ) (as the case may be) as soon as practicable but not later than 14 days after his, her or its initial appointment as a partner or local manager unless the partner or local manager has previously given the information to every general partner of the limited partnership in writing; and ( b ) any information a general partner of a limited partnership needs to comply with section 18(1)( d ) as soon as practicable but not later than 14 days after the date of change to the information referred to in that provision. [35/2014] (2) Despite subsection (1), but subject to subsection (3) — ( a ) a partner of a limited partnership must, if requested by a general partner of the limited partnership, give the general partner any information mentioned in section 11(1)( e ) or ( f ); and ( b ) a local manager of a limited partnership must, if requested by a general partner of the limited partnership, give the general partner any information mentioned in section 11(1)( h ), for the purpose of enabling the limited partnership to confirm its record of the information or reinstate its record of the information where the original record of the information has been destroyed or lost. [35/2014] (3) The partner or local manager of a limited partnership mentioned in subsection (2) must provide the information to a general partner of the limited partnership as soon as practicable but not later than 14 days after receipt of a written request for the information from the general partner. [35/2014] (4) Where a partner or local manager (who is an individual) gives information to a general partner of a limited partnership under subsection (1)( a ) or (2) on or after the date of commencement of section 62 of the ACRA (Registry and Regulatory Enhancements) Act 2024 in relation to his or her appointment, the information given must be in accordance with section 11(1)( e ) or ( h ) (as the case may be) as in force when the information is given, despite the appointment having taken place before the date of commencement. [Act 21 of 2024 wef 9/12/2024]


document_id: lpa-2008
provision_ref: s18B
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 18B
title: Request for copy of notice of registration, etc.
content:
18B. —(1) A person may, on payment of such fee as may be prescribed, require a copy of a notice of registration, or a copy of or an extract from any document filed or lodged with the Registrar, to be given or certified by the Registrar. [35/2014] [Act 21 of 2024 wef 9/12/2024] (2) Any copy or extract given under subsection (1) which is certified to be a true copy or extract by the Registrar is, in any proceedings, admissible in evidence as of equal validity as the original document. [35/2014] (3) The Registrar is not required to issue under subsection (1) a copy of or an extract from a document forming part of the register where that document has been destroyed under section 24. [35/2014] (4) Subsection (1) does not apply to any document prescribed as an excluded document for the purposes of this subsection. [Act 21 of 2024 wef 9/12/2024] (5) Where a document is submitted on or after the date of commencement of section 63 of the ACRA (Registry and Regulatory Enhancements) Act 2024 using a form on the electronic transaction system, the reference to a document in subsection (1) excludes the following entries in the form: ( a ) a means of notification provided by a person for the purposes of section 28A(1)( b ) of the Accounting and Corporate Regulatory Authority Act 2004; ( b ) an individual’s date of birth obtained under this Act or section 28(1A) of the Accounting and Corporate Regulatory Authority Act 2004; ( c ) any other prescribed information. [Act 21 of 2024 wef 9/12/2024] (6) Where — ( a ) a document is filed or lodged with the Registrar under this Act by submitting a form on the electronic transaction system on or after the date of commencement of section 63 of the ACRA (Registry and Regulatory Enhancements) Act 2024; and ( b ) an individual’s residential address is entered in that form, the Registrar must cause the individual’s residential address to be excluded from every copy or extract of that document given or certified by the Registrar under subsection (1). [Act 21 of 2024 wef 9/12/2024]


document_id: lpa-2008
provision_ref: s18C
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 18C
title: Transitional provision for contact address
content:
18C. —(1) Where an individual maintained an alternate address with the Registrar under this Act immediately before the commencement date, that address is taken to be the individual’s contact address for the purposes of this Act, until notice of a change in the individual’s contact address is lodged under any ACRA administered Act on or after that date. (2) Where an individual did not maintain an alternate address with the Registrar under this Act immediately before the commencement date, the individual’s residential address is taken to be the individual’s contact address for the purposes of this Act, until notice of a change in the individual’s contact address is lodged under any ACRA administered Act on or after that date. (3) An individual’s contact address mentioned in subsection (1) or (2) is deemed, for the purposes of section 18(1)( d ), to have been lodged with the Registrar under this Act. (4) In this section, “commencement date” means the date of commencement of section 64 of the ACRA (Registry and Regulatory Enhancements) Act 2024. [Act 21 of 2024 wef 9/12/2024]


document_id: lpa-2008
provision_ref: s19
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 19
title: Cessation of business
content:
19. —(1) Where any limited partnership registered under this Act has ceased to carry on business, a general partner of the limited partnership may lodge with the Registrar a notice in such form as the Registrar may determine notifying the Registrar that the limited partnership has ceased to carry on business. (2) Where any limited partnership registered under this Act has been dissolved, a general partner of the limited partnership must, within 14 days of the dissolution, lodge with the Registrar a notice in such form as the Registrar may determine notifying the Registrar that the limited partnership has been dissolved. (3) Where the Registrar has reasonable cause to believe that any limited partnership registered under this Act is not carrying on business or has been dissolved, the Registrar may send to the limited partnership and all the general partners a notice to the effect that if an answer showing cause to the contrary is not received within one month from the date of the notice, the registration of the limited partnership may be cancelled. [35/2014] (4) If the Registrar — ( a ) receives an answer from any general partner in respect of the limited partnership to the effect that the limited partnership is not carrying on business or has been dissolved; or ( b ) does not within one month after sending the notice mentioned in subsection (3) receive an answer showing cause to the contrary, the Registrar may cancel the registration of that limited partnership. [35/2014] (5) The Registrar must, by notification in the Gazette , publish such particulars as he or she thinks fit in respect of any limited partnership the registration of which has been cancelled under this section. (6) Where the registration of a limited partnership is cancelled under this section, any certificate or notice pertaining to the registration of that limited partnership under this Act is deemed to be cancelled.


document_id: lpa-2008
provision_ref: s20
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 20
title: Appeal
content:
20. Any person who is aggrieved by the refusal of the Registrar to register a limited partnership under this Act or to renew such a registration may, within 30 days of the date of the refusal, appeal to the Minister whose decision is final.


document_id: lpa-2008
provision_ref: s21
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 21
title: Rectification by General Division of High Court
content:
21. —(1) Where it appears to the General Division of the High Court, as a result of evidence adduced before it, that any particular recorded in a register is erroneous or defective, the General Division of the High Court may, by order, direct the Registrar to rectify the register on such terms and conditions as seem to the General Division of the High Court to be just and expedient. [35/2014; 40/2019] (2) The Registrar must, upon receipt of the order of the General Division of the High Court made under subsection (1), rectify the register accordingly. [40/2019] (3) An order of the General Division of the High Court made under subsection (1) may require that a fresh document, showing the rectification, be filed by the applicant with the Registrar, together with a copy of the order of the General Division of the High Court and of the application to the General Division of the High Court. [40/2019]


document_id: lpa-2008
provision_ref: s21A
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 21A
title: Rectification by Registrar on application
content:
21A. —(1) Despite section 21, a general partner or local manager of a limited partnership may lodge a notice with the Registrar of — ( a ) any error contained in any document relating to the limited partnership filed or lodged with the Registrar; or ( b ) any error in the filing or lodgment of any document relating to the limited partnership with the Registrar. [35/2014] (2) The Registrar may rectify the register, on receiving any notice mentioned in subsection (1) and if satisfied that — ( a ) the error mentioned in subsection (1)( a ) is typographical or clerical in nature; or ( b ) the error mentioned in subsection (1)( b ) is, in the Registrar’s opinion, unintended and does not prejudice any person. [35/2014] (3) In rectifying the register under subsection (2), the Registrar must not expunge any document from the register. [35/2014] (4) The decision made by the Registrar on whether to rectify the register under subsection (2) is final. [35/2014]


document_id: lpa-2008
provision_ref: s21B
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 21B
title: Rectification or updating on Registrar’s initiative
content:
21B. —(1) The Registrar may rectify or update any particulars or document contained in a register kept by him or her, if the Registrar is satisfied that — ( a ) there is a defect or an error in the particulars or document arising from any grammatical, typographical or similar mistake; or ( b ) there is evidence of a conflict between the particulars of a limited partnership or person and — (i) other information in the register relating to that limited partnership or person; or (ii) other information relating to that limited partnership or person obtained from such department or Ministry of the Government, or statutory body or other body corporate as may be prescribed. [35/2014] (2) Before the Registrar rectifies or updates the register under subsection (1), the Registrar must, except under prescribed circumstances, give written notice to all the general partners of the limited partnership or person whose documents or particulars are to be rectified or updated of the Registrar’s intention to do so, and state in the notice — ( a ) the reasons for and details of the proposed rectification or updating to be made to the register; and ( b ) the date by which any written objection to the proposed rectification or updating must be delivered to the Registrar, being a date at least 30 days after the date of the notice. [35/2014] (3) Any person notified under subsection (2) may deliver to the Registrar, not later than the date specified under subsection (2)( b ), a written objection to the proposed rectification or updating of the register. [35/2014] (4) The Registrar must not rectify or update the register if the Registrar receives a written objection under subsection (3) to the proposed rectification or updating by the date specified under subsection (2)( b ), unless the Registrar is satisfied that the objection is frivolous or vexatious or has been withdrawn. [35/2014] (5) The Registrar may rectify or update the register if the Registrar does not receive a written objection under subsection (3) by the date specified under subsection (2)( b ). [35/2014] (6) The Registrar may include any notation that the Registrar thinks fit in the register for the purposes of providing information relating to any error or defect in any particulars or document in the register, and may remove the notation if the Registrar is satisfied that it no longer serves any useful purpose. [35/2014] (7) Despite anything in this section, the Registrar may, if the Registrar is satisfied that there is any error or defect in any particulars or document in the register, by written notice, request that any general partner or local manager of the limited partnership to which the particulars or document relates take such steps within such time as the Registrar may specify to ensure that the error or defect is rectified. [35/2014] 22. [ Repealed by Act 35 of 2014 ]


document_id: lpa-2008
provision_ref: s23
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 23
title: Electronic transaction system
content:
23. —(1) The Registrar may — ( a ) require or permit any person to carry out any transaction with the Registrar under this Act; and ( b ) issue any approval, certificate, notice, determination or other document pursuant or connected to a transaction mentioned in paragraph ( a ), using the electronic transaction system established under Part 6A of the Accounting and Corporate Regulatory Authority Act 2004. [18/2014] (2) In this section, “transaction”, in relation to the Registrar, means — ( a ) the filing or lodging of any document with the Registrar, or the submission, production, delivery, provision or sending of any document to the Registrar; ( b ) any making of any application, submission or request to the Registrar; ( c ) any provision of any undertaking or declaration to the Registrar; and ( d ) any extraction, retrieval or accessing of any document, record or information maintained by the Registrar. [18/2014]


document_id: lpa-2008
provision_ref: s24
chapter: PART 3 - REGISTRATION OF LIMITED PARTNERSHIPS
section: 24
title: Destruction or transfer of old records
content:
24. If the Registrar is of the opinion that it is no longer necessary or desirable to retain any document lodged, filed or registered with the Registrar and which has been microfilmed or converted to electronic form, the Registrar may — ( a ) destroy the document with the authorisation of the National Library Board under section 17 of the National Library Board Act 1995; or ( b ) transfer the document to the National Archives of Singapore under section 16 of that Act. [25/2012] 25. [ Repealed by Act 18 of 2014 ]


document_id: lpa-2008
provision_ref: s26
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 26
title: Publication of name
content:
26. —(1) Every general partner of a limited partnership must ensure that the invoices and official correspondence of the limited partnership bear the name and registration number of the limited partnership. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.


document_id: lpa-2008
provision_ref: s27
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 27
title: Accounts and audit
content:
27. —(1) Every general partner of a limited partnership must ensure that such accounting and other records as will sufficiently explain the transactions and financial position of the limited partnership are kept. (2) The records referred to in subsection (1) must be retained for a period of at least 5 years after the completion of the transactions or operations to which they respectively relate. (3) The Registrar may, by written notice to any of the general partners of a limited partnership, require that person to produce the records referred to in subsection (1) for the Registrar’s inspection within the time and at the place specified in that notice. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the offender is an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $10,000. (5) Any person who fails to comply with a requirement under subsection (3) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case where the offender is an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) in any other case, to a fine not exceeding $10,000.


document_id: lpa-2008
provision_ref: s28
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 28
title: Appointment and liability of local managers
content:
28. —(1) Where every general partner of a limited partnership registered or to be registered under this Act is ordinarily resident outside Singapore, the Registrar may require a local manager to be appointed. (2) The local manager is personally responsible for the discharge of all obligations attaching to the limited partnership under Parts 3, 4 and 5, and in the case of any default in respect of any such obligation, the local manager is subject to the same responsibilities, liabilities and penalties as a general partner in the limited partnership and all the penal and other provisions of this Act are construed accordingly. (3) The consent of the local manager to his or her appointment must be lodged with the Registrar in such form and manner as the Registrar may require. (4) Where a local manager appointed under subsection (1) ceases to hold office for any reason, a new local manager must be appointed and the change must be registered in accordance with section 18. (5) Every general partner of a limited partnership who fails to comply with a requirement under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: lpa-2008
provision_ref: s29
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 29
title: Restriction on undischarged bankrupt being manager
content:
29. —(1) Any person who, being an undischarged bankrupt (whether adjudicated bankrupt by a Singapore court or a foreign court having jurisdiction in bankruptcy), directly or indirectly, takes part in or is concerned in the management of any limited partnership required to be registered under this Act, without the permission of the General Division of the High Court or the written permission of the Official Assignee, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) On an application by an undischarged bankrupt under subsection (1) to the General Division of the High Court or the Official Assignee (as the case may be) the General Division of the High Court or the Official Assignee may refuse the application or approve the application subject to any conditions that the General Division of the High Court or the Official Assignee (as the case may be) may impose. [40/2019] (3) The permission of the General Division of the High Court for the purpose of this section is not to be given unless notice of intention to apply for the permission of the General Division of the High Court has been served on the Official Assignee and the Official Assignee is heard on the application. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: lpa-2008
provision_ref: s30
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 30
title: Disability of persons in default
content:
30. —(1) Where a person carries on business in Singapore as a limited partnership without — ( a ) the limited partnership being registered under this Act; ( b ) being registered as a partner of the limited partnership under this Act; or ( c ) providing any information required under section 18, then the rights of the person (called in this section a defaulter) under or arising out of any contract, in relation to the business carried on by the defaulter in respect of which there is no valid registration or there is non-compliance with section 18, made or entered into by or on behalf of the defaulter at any time while the defaulter is in default is, subject to subsection (3), not enforceable by action or other legal proceedings either in the name of the limited partnership or otherwise. (2) A defaulter may apply to the court for relief against the disability imposed by this section. (3) The court, on being satisfied that the default was accidental or due to inadvertence or some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may grant relief either generally, or as respects any particular contract, on condition that the costs of the application are paid by the defaulter, unless the court otherwise orders, and on such other conditions (if any) as the court may impose. (4) Relief under subsection (3) is not to be granted except on such service and publication of notice of the application as the court may order, nor is relief to be given in respect of any contract if any party to the contract proves to the satisfaction of the court that, if the provisions of this Act had been complied with, the party would not have entered into the contract. (5) This section does not affect the rights of any other party as against the defaulter in respect of a contract mentioned in subsection (1). (6) If any action or proceedings are commenced by any other party against the defaulter to enforce the rights of a party in respect of a contract mentioned in subsection (1), this section does not prevent the defaulter from enforcing in that action or proceedings, by way of counterclaim, set‑off or otherwise, such rights as the defaulter may have against that party in respect of that contract. (7) Without limiting the powers of the court to grant the relief mentioned in subsection (3), if any proceedings to enforce any contract are commenced by a defaulter in a District Court or Magistrate’s Court, the District Court or Magistrate’s Court may, as regards that contract, grant relief under this section. (8) In this section, “court” means the General Division of the High Court. [40/2019]


document_id: lpa-2008
provision_ref: s31
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 31
title: Inspection
content:
31. —(1) The Registrar may authorise in writing any officer or employee of the Authority or any public officer to be an inspector for the purposes of this Act. (2) For the purposes of ascertaining whether the provisions of this Act are being complied with, the Registrar or any inspector has power at all reasonable times to enter any premises at which he or she has reason to believe any person is carrying on business as a limited partnership and to make such examination and inquiry as may be necessary for those purposes. (3) The Registrar and every inspector when exercising any power under this Act must declare his or her office and produce his or her written authority to any person affected by the exercise of that power. (4) Any person who fails to comply with a request made by the Registrar or an inspector or resists or obstructs the Registrar or an inspector in the performance of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (5) It is not an offence for any person to refuse to comply with any request made by the Registrar or an inspector, or to resist or obstruct the Registrar or an inspector in the performance of any of his or her duties under this Act, if the Registrar or inspector fails to declare his or her office and to produce his or her written authority.


document_id: lpa-2008
provision_ref: s32
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 32
title: Power of Registrar to obtain further information
content:
32. —(1) In order to obtain such information as the Registrar may consider necessary for the purposes of carrying out the provisions of this Act, the Registrar may — ( a ) require any general partner or former general partner of a limited partnership to answer any question in writing which the Registrar considers necessary to ask for the purposes specified in this subsection; or ( b ) summon that person to appear, before him or her or an inspector or any other public officer whom the Registrar may designate, to answer any such question orally. (2) The Registrar may further require the person mentioned in subsection (1) to make such further declaration or supply such further particulars as the Registrar may require.


document_id: lpa-2008
provision_ref: s33
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 33
title: Offences
content:
33. —(1) Any person who — ( a ) fails to provide any information required under section 18 or 18A; ( b ) without lawful excuse, fails to comply with any summons or requirement of the Registrar under section 32; ( c ) makes any statement or provides any information to the Registrar under the provisions of this Act which is false in any material particular or by reason of the omission of any material particular and which the person either knows or has reason to believe is false; or ( d ) contravenes any of the regulations made under this Act, shall be guilty of an offence. [35/2014] (2) If any person in any way holds out that a business is registered as a limited partnership under this Act, that person shall, unless at that time the business was duly registered as a limited partnership under this Act, be guilty of an offence. [35/2014] (3) A person shall be liable on conviction of an offence under subsection (1) or (2) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: lpa-2008
provision_ref: s34
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 34
title: Evidence of carrying on business under name of limited partnership
content:
34. If, in any proceedings for an offence under this Act — ( a ) proof is given that the name of a limited partnership has been displayed in any premises; and ( b ) evidence is given from which the court may infer that the name of a limited partnership has reference to any business carried on at the premises, the person carrying on the business is, in the absence of proof to the contrary, presumed to be carrying on the business under that name.


document_id: lpa-2008
provision_ref: s35
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 35
title: Composition of offences
content:
35. —(1) The Registrar may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On the payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid to the Authority.


document_id: lpa-2008
provision_ref: s36
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 36
title: Public servants
content:
36. All officers and inspectors appointed under this Act are deemed to be public servants for the purposes of the Penal Code 1871.


document_id: lpa-2008
provision_ref: s37
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 37
title: Enforcement of duty to make returns
content:
37. —(1) If any person is in default in complying with — ( a ) any provision of this Act or of any other law which requires the lodging or filing in any manner with the Registrar of any return, account or other document or the giving of notice to the Registrar of any matter; ( b ) any request of the Registrar to amend or complete and resubmit any document or to submit a fresh document; or ( c ) any request of the Registrar under section 21B(7) to rectify any error or defect in any particulars or document in the register, and fails to make good the default within 14 days after the service on the person of a notice requiring it to be done, a District Court or Magistrate’s Court may, on application by the Registrar, make an order directing that person, or (if that person is a corporation) any officer of the corporation, to make good the default within the time specified in the order. [35/2014] (2) Any such order may provide that all the costs of and incidental to the application must be borne by that person or by any officer of the corporation who is responsible for the default if that person is a corporation. (3) Nothing in this section limits the operation of any other provision of this Act or any written law imposing penalties (in respect of any default mentioned in this section) on that person or an officer of a corporation if that person is a corporation.


document_id: lpa-2008
provision_ref: s38
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 38
title: Offences by bodies corporate
content:
38. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if the member were a director of the body corporate. (3) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: lpa-2008
provision_ref: s39
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 39
title: Liability of managers, agents, employees, etc.
content:
39. —(1) Where a general partner of a limited partnership is required under this Act to do any act or thing, the person responsible for the management of the limited partnership is also answerable for the doing of or omission to do that act or thing. (2) For the purposes of subsection (1), the reference to a person responsible for the management of a limited partnership includes every manager, agent or employee at any time charged either solely or to a substantial extent with the management of the limited partnership. (3) Where any agent or employee in the course of his or her employment does or omits to do any act, the doing of which or omission to do which by his or her principal or employer would be an offence under this Act, that agent or employee shall be guilty of that offence. (4) Any person who would have been guilty of an offence if anything had been done or omitted to be done by the person personally shall be guilty of that offence and shall be liable to the same penalty — ( a ) if that thing had been done or omitted to be done by the person’s agent or employee in the course of the person’s employment; and ( b ) unless the person proves to the satisfaction of the court that that thing had been done or omitted to be done without the person’s knowledge or consent and that the person took all reasonable precautions to prevent the doing of or omission to do that thing. (5) This section is in addition to and not in derogation of any other provisions of this Act.


document_id: lpa-2008
provision_ref: s40
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 40
title: Service of summons, notices, etc.
content:
40. —(1) Any notice, written communication, certificate or other document required to be given or served under the provisions of this Act on a limited partnership or the general partners of a limited partnership is deemed to have been duly given or served if posted by the Registrar to the registered principal place of business of the limited partnership. (2) Every summons issued by a court in connection with any offence under this Act may be served on the person concerned — ( a ) by delivering it to the person; ( b ) by delivering it to any adult residing at the person’s last known place of residence; or ( c ) by forwarding it by registered post in a cover addressed to the person at the person’s contact address or last known place of residence or business or at any address provided by the person. [Act 21 of 2024 wef 9/12/2024] (3) In proving service by registered post, it is sufficient to prove that the cover containing the summons was properly addressed, stamped and posted by registered post.


document_id: lpa-2008
provision_ref: s40A
chapter: PART 4 - DUTIES, OFFENCES AND POWERS OF ENFORCEMENT
section: 40A
title: Service of documents on partner and manager
content:
40A. Any document required to be served under this Act on a partner, who is an individual, or local manager, of a limited partnership is sufficiently served if addressed to the partner or local manager and left at or sent by post to his or her residential address or contact address. [35/2014] [Act 21 of 2024 wef 9/12/2024]


document_id: lpa-2008
provision_ref: s41
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 41
title: Regulations
content:
41. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the registration and regulation of foreign limited partnerships; ( b ) the powers and duties of the Registrar; ( c ) the forms for the purposes of this Act, including the form of registers to be kept and the places at which the registers are to be kept; ( d ) the translation of documents and records required for the purposes of this Act, and the authentication and lodgment of any such translation; ( e ) all matters connected with or arising from the restrictions as to the name which may be used by a limited partnership registered under this Act; ( f ) modifying the application of this Act or the Business Names Registration Act 2014 to a resultant firm during any period of suspension of the limited partnership under section 42(2); ( g ) regulating the disclosure of any information kept or maintained in any register under this Act and excluding any document relating to any class of limited partnerships from the operation of section 18B(1); ( h ) requiring any class of limited partnerships to maintain any information or records and regulating the access to the information or records, including requiring the limited partnership to provide access to the information or records for any class of persons; ( i ) the fees to be charged in respect of anything done under or by virtue of this Act, and the method of payment of the fees; ( j ) the persons or classes of persons who are to be exempted from the payment of any fee or part of a fee; ( k ) the penalties for the late lodgment of documents; ( l ) prescribing the offences which may be compounded under section 35; ( m ) the waiver, refund or remission, whether wholly or in part, of any fee or penalty chargeable under this Act; ( n ) prescribing all matters and things which are required or permitted to be prescribed, under or for the purposes of this Act. [29/2014; 35/2014] (3) In this section, “foreign limited partnership” means a partnership formed, registered or incorporated outside Singapore in which the liability of some but not all of the partners is limited, and having such other features as may be prescribed by the Minister.


document_id: lpa-2008
provision_ref: s42
chapter: PART 5 - MISCELLANEOUS PROVISIONS
section: 42
title: Registration under Business Names Registration Act 2014
content:
42. —(1) The Business Names Registration Act 2014 does not apply to any person carrying on business in Singapore as a limited partnership registered under this Act, except during any period when the registration of the limited partnership is suspended under this section. [29/2014] (2) If a limited partnership registered under this Act ceases to be a limited partnership because no person remains registered under this Act as a limited partner of the limited partnership, the registration of the limited partnership under this Act must be suspended. (3) If, upon a suspension pursuant to subsection (2), any person who is registered as a general partner of the limited partnership under this Act would be required to be registered under the Business Names Registration Act 2014 to carry on business under the name of the resultant firm, then with effect from the date of suspension — ( a ) that person is deemed to be registered under the Business Names Registration Act 2014 as a person carrying on business under the name of the resultant firm; and ( b ) the name of the limited partnership registered under this Act is deemed to be registered as the name of the resultant firm under the Business Names Registration Act 2014. [29/2014] (4) If, while the registration of the limited partnership under this Act is suspended, there are any changes in the resultant firm that cause the firm to satisfy the requirements of section 3(2) (relating to the constitution of a limited partnership), any general partner of the limited partnership may register those changes under section 18, and upon such registration — ( a ) the registration of the persons carrying on business under the name of the resultant firm under the Business Names Registration Act 2014 ceases; and ( b ) the registration of a limited partnership under this Act is restored. [29/2014] (5) If the name of the resultant firm does not comply with section 16(1) (Name of limited partnership), subsection (4)( a ) and ( b ) does not operate in respect of the resultant firm unless and until a change in the name of the limited partnership has been registered under section 18 to comply with section 16(1). (6) Upon the restoration of the registration of a limited partnership under subsection (4)( b ), the Registrar must cause the particulars of the resultant firm as registered under the Business Names Registration Act 2014 immediately before the restoration, with the changes to the resultant firm registered pursuant to subsections (4) and (5), to be registered under this Act as the particulars of the limited partnership. [29/2014] (7) This section applies subject to any modification that the Minister may prescribe.


document_id: lrca-1940
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act — “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “Collector” means — ( a ) any officer of the Authority; or ( b ) any public officer or officer of any other public authority constituted under any written law for a public purpose, appointed by the Minister to be a Collector of Land Revenue, and includes any Deputy Collector of Land Revenue appointed before 1 June 2001; “land revenue” means every sum now due or which hereafter becomes due to the State on account of premium, rent, royalty, charges and fees of any kind chargeable in respect of land; “proprietor” includes a lessee of State land. [17/2001] (2) Any person who, immediately before 1 June 2001, holds office as a Collector of Land Revenue or Deputy Collector of Land Revenue shall continue to hold such office as if he had been appointed under this Act until his appointment is revoked. [17/2001]


document_id: lrca-1940
provision_ref: s4
chapter: PART 2 - SALE BY AUCTION
section: 4
title: “Arrear” and “defaulter” defined
content:
4. —(1) Notwithstanding anything repugnant in any title, every annual rent, subject to subsection (2), shall be due and payable on 1 January in any year, and any such rent if not sooner paid shall become an arrear on 1 April in the year in respect of which it is due, and any other form of land revenue shall become an arrear on the 15th day after service of notice substantially in the form in the First Schedule by the Collector on the person liable to pay it, demanding payment thereof. (2) Rent in respect of the year in which any land is alienated shall be calculated proportionately from the date of alienation to the end of the year and is payable on or before the date of alienation. (3) When land is held by co-proprietors they are jointly and severally liable to pay the rent reserved. (4) Every person liable to pay an arrear shall be a defaulter.


document_id: lrca-1940
provision_ref: s5
chapter: PART 2 - SALE BY AUCTION
section: 5
title: Notice of sale
content:
5. —(1) Upon any sum payable becoming an arrear the Collector shall, subject to subsection (2), use reasonable diligence in causing to be served on the proprietor of the land affected a notice of sale substantially in the form in the Second Schedule. (2) Such a notice shall be served in the manner prescribed in Part 3: Provided that — ( a ) it shall not be necessary to serve a notice of sale on any proprietor of any land who is not resident in the district in which the land is situate; and ( b ) where a proprietor who would otherwise be served with a notice of sale is dead or cannot be found the Collector may at his discretion direct a notice of sale to be served on any adult relative of that proprietor who is resident in the district. (3) Notwithstanding anything in this Act or in any rules made thereunder or in any other provision of law whatsoever, no failure to serve or irregularity in serving any notice of sale under this Act or any rules made thereunder shall invalidate any sale of land had under the provisions of this Act or give rise to any cause of action against the Government or any officer thereof by reason of the failure or irregularity, but any such failure or irregularity shall be considered by the Commissioner of Lands in dealing with any case of which he takes cognizance under section 19.


document_id: lrca-1940
provision_ref: s6
chapter: PART 2 - SALE BY AUCTION
section: 6
title: Public notice of auction
content:
6. —(1) The Collector shall from time to time cause to be posted at his office and in such other place or places of public resort as he may in his discretion select a notice of sale substantially in the form in the Third Schedule specifying any land in respect of which an arrear is due and notifying that the land will be sold by auction for the recovery of the arrear together with fees due and costs at and on a specified place, time and date, such date being not less than 3 calendar months after the date of the first posting of the notice in each case. (2) Every notice of sale shall be published in the Gazette on a date not less than 4 weeks prior to the date of the sale. (3) The Collector may also, in his discretion, advertise in one or more newspapers any such sale, and any expenses incurred in so doing shall be included in the costs of the sale.


document_id: lrca-1940
provision_ref: s7
chapter: PART 2 - SALE BY AUCTION
section: 7
title: Lands to be auctioned
content:
7. —(1) Subject to this section, any land so specified shall, at the place and time and on the day notified, or on any other day to which the Collector may postpone the sale, be put to public auction by or in the presence of the Collector at an upset price sufficient to cover the arrear due in respect thereof together with fees due and costs and shall be sold to the highest bidder. (2) The Collector may, if he sees fit, postpone any sale notified under section 6 and may in his discretion notify the date, time and place of any postponed sale in such manner as may to him seem fit.


document_id: lrca-1940
provision_ref: s8
chapter: PART 2 - SALE BY AUCTION
section: 8
title: Power to stop sale
content:
8. If any person tenders to the Collector at any time previous to a sale the amount of the arrear due in respect of any land together with fees due and costs, the Collector shall upon receipt thereof desist from the sale of the land.


document_id: lrca-1940
provision_ref: s9
chapter: PART 2 - SALE BY AUCTION
section: 9
title: Sales, where to be made
content:
9. Sales shall ordinarily be held by the Collector at the office of the Authority: Provided that it shall be competent for the Collector to direct that a sale shall be held at some other place. [17/2001]


document_id: lrca-1940
provision_ref: s10
chapter: PART 2 - SALE BY AUCTION
section: 10
title: Deposit on account of purchase
content:
10. The person who is declared the purchaser of any land at any such public auction shall be required to deposit in cash immediately 25% on the amount of his bid, and in default of such deposit the land shall forthwith be put up again for sale.


document_id: lrca-1940
provision_ref: s11
chapter: PART 2 - SALE BY AUCTION
section: 11
title: Payment of balance of purchase money
content:
11. The balance of the purchase money shall be made good by the purchaser on or before the expiry of 3 months after the date on which the sale of the land bought by him took place.


document_id: lrca-1940
provision_ref: s12
chapter: PART 2 - SALE BY AUCTION
section: 12
title: When sale becomes final and conclusive
content:
12. A sale shall become final and conclusive on the expiry of 3 months from the date thereof unless — ( a ) the purchaser has failed to pay the balance of the purchase money as provided by section 11; ( b ) the sale has prior to the date of such expiry been annulled by the court by order served on the Collector on or before that date; ( c ) the sale has prior to the date of such expiry been annulled by the Commissioner of Lands under section 19; or ( d ) there has prior to the date of such expiry been served on the Collector an order of court extending the period on the expiry of which the sale will become final and conclusive or directing that the sale shall not become final and conclusive until the further order of the court.


document_id: lrca-1940
provision_ref: s13
chapter: PART 2 - SALE BY AUCTION
section: 13
title: Default of payment and resale
content:
13. —(1) In default of payment of the balance within the prescribed period, the deposit shall be forfeited to the State, the land shall be resold and the defaulting purchaser shall forfeit all claim to the land or to any part of the sum, if any, for which it may subsequently be sold. (2) When default is made in the payment of purchase money, a notification of the intended resale shall be published in the manner provided by section 6, and sections 6 to 13, inclusive, shall apply to the resale.


document_id: lrca-1940
provision_ref: s14
chapter: PART 2 - SALE BY AUCTION
section: 14
title: Title conferred by purchase at sale
content:
14. —(1) The purchaser at a sale held under this Act shall, when the sale has become final and conclusive, be deemed to have acquired the right offered for sale free from all encumbrances created over it and from all subordinate interests derived from it, except such as are expressly reserved by the Collector at the time of the auction. (2) Such acquisition shall be evidenced by a conveyance substantially in the form in the Fourth Schedule. (3) The Collector shall notify by advertisement in the Gazette substantially in the form in the Fifth Schedule the result of the auction, the conveyance (if any) to the purchaser of the right offered for sale, and the cancellation (if any) of the original grant or lease, and of all leases, encumbrances or other interests derived from that grant or lease, except such as were reserved by the Collector at the time of the auction. (4) In the event of such a conveyance, the Collector shall forthwith cause registration to be made under the Registration of Deeds Act 1988. Such registration shall be free of any fee or stamp duty. (5) Any person who knowingly and with fraudulent intent offers for sale, transfers or mortgages, or otherwise deals with any such lease, grant, encumbrance, right or interest, which has so become cancelled, shall be deemed to have attempted to commit or to have committed, as the case may be, the offence defined in section 415 of the Penal Code 1871.


document_id: lrca-1940
provision_ref: s15
chapter: PART 2 - SALE BY AUCTION
section: 15
title: Costs of proceedings for recovery of arrears
content:
15. All costs of any proceeding under this Act for the recovery of arrears may be recovered as if they formed part of the arrears.


document_id: lrca-1940
provision_ref: s16
chapter: PART 2 - SALE BY AUCTION
section: 16
title: Land not sold reverts to the State
content:
16. —(1) Subject to section 7, if at any sale under this Act there is no bid sufficient to cover the amount due for the arrear together with fees and costs due the Collector shall record the fact in a book to be called the Rent Auction Sale Book, and upon such record being made the land shall revert to and vest in the State and all right, title and interest of the defaulter or any person claiming under him shall cease. (2) In the event of such reversion, the fact shall be advertised in the Gazette as provided in section 14(3). (3) The Collector shall also cause appropriate entries to be made in the registers kept under the Registration of Deeds Act 1988.


document_id: lrca-1940
provision_ref: s17
chapter: PART 2 - SALE BY AUCTION
section: 17
title: Proceeds of sale
content:
17. The proceeds of any sale under this Act shall be applied in the first place in satisfaction of the arrear together with fees and costs due and in the event of there being any surplus remaining the Collector shall if he is satisfied as to the right of any person claiming the surplus pay the amount thereof to that person, and if he is not so satisfied shall hold the amount in trust for the person who may ultimately succeed in due course of law in establishing his title thereto: Provided that it shall be lawful for the Collector in his discretion to apply any such surplus or part thereof to the payment of any arrear together with fees and costs due in respect of any other land belonging to the same owner within Singapore and thereupon to take action as if a tender had been made under section 8.


document_id: lrca-1940
provision_ref: s18
chapter: PART 2 - SALE BY AUCTION
section: 18
title: Application to Court in regard to notice of sale
content:
18. —(1) If any person interested in land in respect of which a notice of sale has been issued under section 6 disputes the propriety of that notice, he may apply to the General Division of the High Court to stay the proceedings, and the General Division of the High Court after hearing the Collector and making such inquiry as may be necessary shall make such order as it thinks fit. [40/2019] (2) The order of the General Division of the High Court shall be final. [40/2019]


document_id: lrca-1940
provision_ref: s19
chapter: PART 2 - SALE BY AUCTION
section: 19
title: Power to annul sale
content:
19. —(1) The Commissioner of Lands may at any time before a sale under this Part has become final and conclusive upon proof to his satisfaction that the sale was had contrary to the provisions of this Part and that material irregularities occurred or that any proprietor or other person will suffer excessive hardship by reason of the sale, annul the sale by order in writing: Provided that no such order shall be made (or if made shall be cancelled) after the date of institution of proceedings in court for the annulment of the sale. (2) When a sale is annulled by the Commissioner under subsection (1) the purchase money or deposit paid by the purchaser shall be refunded by the Government with interest at the rate of 6% per annum and the purchaser shall have no further claim to compensation.


document_id: lrca-1940
provision_ref: s20
chapter: PART 2 - SALE BY AUCTION
section: 20
title: Application to Court in regard to sale
content:
20. Subject to section 21, if any person interested disputes the validity of a sale under this Act, he may within 3 months of the date of the sale apply to the General Division of the High Court to annul the sale, and the General Division of the High Court after hearing the Collector and making such inquiry as may be necessary shall make such order as it thinks fit. [40/2019]


document_id: lrca-1940
provision_ref: s21
chapter: PART 2 - SALE BY AUCTION
section: 21
title: Limitation of suits
content:
21. —(1) Notwithstanding anything in the Limitation Act 1959 no suit under section 20 for annulling a sale under this Act shall be maintained if it is instituted after the expiry of the period stated in that section except in the case of fraud to which the purchaser is proved to be a party: Provided that nothing in this subsection shall affect the title of any owner, mortgagee or lessee who has taken bona fide for valuable consideration from the purchaser, or of any persons claiming under that owner, mortgagee or lessee. (2) No suit for damages against the State or against any officer thereof in respect of any sale had under this Act shall be maintained if it is instituted after the expiry of 3 months after the date of the sale except in the case of actual fraud to which any officer of the State employed in or about the sale is proved to be a party or unless it is proved that the sum for the recovery of which the sale was had was not in fact an arrear at the date of the sale.


document_id: lrca-1940
provision_ref: s22
chapter: PART 2 - SALE BY AUCTION
section: 22
title: No sale to be called in question except on proof of substantial damage
content:
22. —(1) Subject to section 21, no sale had under this Act shall be annulled by the court nor shall any such sale give ground for any action for damages against the Government or any officer thereof except only upon the grounds of its having been made contrary to the provisions of this Act and then only upon proof that the claimant has sustained substantial injury by reason of the irregularity complained of, and no Collector selling land for the recovery of an arrear shall be deemed a trespasser nor shall the sale be deemed wrongful by reason of any such irregularity in the procedure but the defaulter shall be entitled to recover as special damages for the irregularity the difference between the price actually obtained and the price which, in the opinion of the court, would have been obtained at the Collector’s sale if there had been no irregularity and no more. [Act 25 of 2021 wef 01/04/2022] (2) If any sale under this Act is annulled by the court, the purchase money or deposit paid by the purchaser shall be refunded by the Government with interest at the rate of 6% per annum, and the purchaser shall have no further claim for compensation.


document_id: lrca-1940
provision_ref: s23
chapter: PART 2 - SALE BY AUCTION
section: 23
title: Claims of defaulter not to invalidate sale
content:
23. No claim to rebate or remission or deferment of payment of rent, unless the same has been allowed by the written authority of the Commissioner of Lands and no private demand or cause of action whatever held or supposed to be held against the Government by any defaulter shall bar or render void or voidable a sale under this Part, nor shall the plea that money belonging to the defaulter and sufficient to pay the arrear of rent due was in the Collector’s hands bar or render void or voidable such a sale unless that money stands in the defaulter’s name alone and without dispute and unless after application in due time made by the defaulter the Collector has neglected or refused on insufficient grounds to transfer it in payment of the arrear of rent due.


document_id: lrca-1940
provision_ref: s24
chapter: PART 2 - SALE BY AUCTION
section: 24
title: Jurisdiction
content:
24. No suit for the annulment of a sale had under this Act or for damages against the State or any officer thereof in connection with any such sale shall be instituted otherwise than in the General Division of the High Court. [40/2019]


document_id: lrca-1940
provision_ref: s25
chapter: PART 3 - SERVICE OF NOTICES
section: 25
title: Personal service
content:
25. —(1) Service of notices and other processes under the provisions of this Act or of any rules made thereunder may be effected on the person to whom they are addressed or are due to be delivered, hereinafter called the noticee, as follows: ( a ) by delivering to the noticee a copy of the notice, or by sending a copy by registered post if the address of the noticee is known and there is postal communication with that place; or ( b ) by delivering a copy to any person holding a power of attorney from the noticee or to any agent of the noticee legally empowered to accept service or by sending a copy by registered post if the address of that attorney or agent is known and there is postal communication with that place. (2) When the serving officer delivers a copy of the notice to the noticee personally or to his attorney or agent he shall require as an acknowledgment of service endorsed on the original notice the signature or right thumb mark of the person to whom the copy is so delivered. (3) When — ( a ) the noticee or his attorney or agent refuses or is unable to make such acknowledgment; or ( b ) the serving officer cannot find the noticee or any person holding a power of attorney from him or any agent legally empowered to accept service of the notice on his behalf, then in either of such cases the serving officer shall deliver the original and copies of the notice to the Collector with an endorsement on the original stating why it has not been served.


document_id: lrca-1940
provision_ref: s26
chapter: PART 3 - SERVICE OF NOTICES
section: 26
title: Substituted service
content:
26. —(1) When the Collector is satisfied that either — ( a ) the noticee is keeping out of the way for the purpose of avoiding service; or ( b ) for any other reason the notice cannot be served personally as mentioned in section 25(3), he may in writing order the notice to be served — ( c ) by affixing a copy thereof on the land concerned; and also ( d ) by affixing a copy thereof in some conspicuous part of the mosque, court house, market or any other place of public resort in the mukim or town subdivision in which the land concerned is situated or in which the noticee is known to have last resided; or ( e ) in such other manner as he may think fit. (2) When substituted service has been effected under subsection (1) the serving officer shall deliver the original notice to the Collector with an endorsement thereon declaring the time, date, place and manner of affixing or otherwise serving a copy or copies thereof and specifying the order by which such service was authorised. (3) Service substituted by written order of the Collector shall be as effectual as if it had been made on the noticee personally.


document_id: lrca-1940
provision_ref: s27
chapter: PART 4 - GENERAL
section: 27
title: Power to make rules
content:
27. —(1) The Authority may make rules for fully and effectually carrying out and giving effect to the various purposes, provisions and powers in this Act, and in particular but without prejudice to the generality of the foregoing provision may make rules — ( a ) allowing rebate, or deferment, or remission, whether in whole or in part, of costs and fees payable under this Act, and prescribing the officers to whom such powers may be delegated; ( b ) naming the place or places at which land revenue due to the State shall be paid, and the officer or officers to whom it shall be payable; ( c ) prescribing the procedure to be followed under any section of this Act; and ( d ) prescribing, varying or cancelling forms to be used under this Act. [17/2001] (2) Rules made under this Act shall be published in the Gazette and shall come into force on the date of such publication or on such other date as may be specified therein and, subject to this Act, shall have effect as if enacted in this Act. (3) All such rules shall be presented to Parliament as soon as possible after such publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of 3 months from the date when the rules are so presented annulling the rules or any part thereof as from a specified date, the rules or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.


document_id: lrca-1940
provision_ref: s27A
chapter: PART 4 - GENERAL
section: 27A
title: Fees to be paid to Authority
content:
27A. —(1) Subject to subsection (2), all costs and fees collected in connection with any proceedings instituted or any other matter under this Act or in connection with any service provided by the Collector under this Act shall be prescribed in rules made by the Authority with the approval of the Minister, and shall be paid into the funds of the Authority. [17/2001] (2) Subsection (1) shall not apply to any land revenue recovered under this Act, which shall be paid into the Consolidated Fund. [17/2001]


document_id: lrca-1940
provision_ref: s28
chapter: PART 4 - GENERAL
section: 28
title: Powers in court not affected
content:
28. Nothing herein contained shall affect the right of the State to recover land revenue by proceedings in court.


document_id: lsa-1991
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “allied professional” means — ( a ) an architect who is registered under the Architects Act 1991; or ( b ) a professional engineer who is registered under the Professional Engineers Act 1991; “authorised surveyor” means a land surveyor who is employed by the Authority, whether or not registered under section 12; [Act 25 of 2024 wef 01/10/2025] “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “Board” means the Land Surveyors Board established under section 4; “cadastral survey” means any survey relating to the recording of land boundaries, subdivision lines, buildings and related details; “certificate of registration” means a certificate of registration issued under section 14; “Chief Surveyor” means the Chief Surveyor appointed under section 3(1) of the Boundaries and Survey Maps Act 1998; “foreign competent authority”, in relation to any country or territory outside Singapore, means the regulatory body or its authorised agency in that country or territory having the function of regulating the practice of surveying and registering or licensing persons in connection with the practice of surveying in that country or territory; [Act 25 of 2024 wef 01/10/2025] “foreign land surveyor”, in relation to a country or territory outside Singapore, means any person who is permitted to practise as a land surveyor in that country or territory under the law of that country or territory; [Act 25 of 2024 wef 01/10/2025] “Investigation Committee” means an Investigation Committee appointed under section 24(1); “licence” means a licence to supply survey services in Singapore granted under section 17; “licensed”, in relation to a corporation, partnership or limited liability partnership, means a corporation, partnership or limited liability partnership which has in force a licence; “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005; “manager” — ( a ) in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he or she is a director or partner thereof; and ( b ) in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “mutual recognition arrangement” means — ( a ) a bilateral agreement or arrangement between Singapore and any other country or territory; ( b ) a bilateral agreement or arrangement between the Board and a foreign competent authority of any other country or territory; ( c ) a multilateral agreement or arrangement between Singapore and 2 or more other countries or territories; or ( d ) a multilateral agreement or arrangement between the Board and the foreign competent authorities of 2 or more other countries or territories, for the mutual recognition of — ( e ) registered surveyors, and the survey work that may be performed by registered surveyors, in each such country or territory; and ( f ) foreign land surveyors of each such country or territory, and the survey work that may be performed by registered foreign surveyors of each such country or territory, in Singapore; [Act 25 of 2024 wef 01/10/2025] “nominee”, in relation to any person, means a person who is accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the firstmentioned person, except that a person is not to be regarded as a nominee of another person by reason only that the person acts on advice given by that other person in a professional capacity; “practising certificate” means — ( a ) in relation to a registered surveyor — an annual practising certificate issued under section 15 authorising him or her to engage in survey work in Singapore; ( b ) in relation to an allied professional who is an architect registered under the Architects Act 1991 — a practising certificate issued under section 18 of that Act; and ( c ) in relation to an allied professional who is a professional engineer registered under the Professional Engineers Act 1991 — a practising certificate issued under section 28 of that Act; “president” means the president of the Board; “register of licensees” means the annual register of licensed corporations, partnerships and limited liability partnerships kept by the Board under section 9(1)( c ); “register of practitioners” means the annual register of practitioners kept by the Board under section 9(1)( b ); “register of surveyors” means the register of land surveyors kept by the Board under section 9(1)( a ); [Act 25 of 2024 wef 01/10/2025] “registered foreign surveyor” means a person registered as a foreign land surveyor under section 12A; [Act 25 of 2024 wef 01/10/2025] “registered surveyor” means a person registered as a land surveyor under section 12; “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity; “survey” means the act or process of — ( a ) determining the form, contour, position, area, height, depth or any other particulars of — (i) the earth’s surface, whether of land or water; or (ii) any natural or artificial features on, below or above any part of the earth’s surface; or ( b ) planning the position or the boundary lines of any part of the earth’s surface, or of any natural or artificial features referred to in paragraph ( a )(ii), and includes the act or process of making or obtaining any plan therefrom; “survey services” means the supply for gain or reward of any services, or any plan, certificate or other document, relating to any survey; “survey work” means any work which is part of or related to a survey; “unlimited corporation” means a corporation formed on the principle of having no limit placed on the liability of its members. [5/2018]


document_id: lsa-1991
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Act not to apply to Government, etc.
content:
3. —(1) Nothing in this Act applies to anything done or omitted to be done by the Government. (2) This Act is not to be construed as requiring any public authority which supplies survey services in Singapore under the provisions of any written law to obtain a licence. (3) In subsection (2), “public authority” means any body established by or under any written law and exercising powers vested therein by written law for a public purpose.


document_id: lsa-1991
provision_ref: s4
chapter: PART 2 - LAND SURVEYORS BOARD
section: 4
title: Establishment of Land Surveyors Board
content:
4. —(1) A body called the Land Surveyors Board is established, which is a body corporate with perpetual succession and a common seal, with power, subject to the provisions of this Act — ( a ) to sue and be sued in its corporate name; ( b ) to acquire and dispose of property, both movable and immovable; and ( c ) to do and perform any other acts that bodies corporate may by law perform. (2) The Board consists of the following members to be appointed by the Minister: ( a ) a president who is to be appointed from among the registered surveyors; ( b ) 3 registered surveyors selected from a list of at least 4 registered surveyors submitted by the Singapore Institute of Surveyors and Valuers; ( c ) not more than 3 other registered surveyors as the Minister may determine. (3) A member of the Board is to be appointed for a term not exceeding 2 years but may be re‑appointed, and may at any time be removed from office by the Minister. (4) A person is not qualified to be appointed as a member of the Board under subsection (2) if the person — ( a ) is not a citizen or a permanent resident of Singapore; ( b ) is an undischarged bankrupt or has made any arrangement or composition with his or her creditors; ( c ) has been convicted of any offence involving fraud, dishonesty or moral turpitude, or of any other offence implying a defect in character which makes him or her unfit for the surveying profession; or ( d ) has a mental disorder and is incapable of managing himself or herself or his or her affairs, or is incapacitated by physical illness. (5) The office of any appointed member of the Board becomes vacant if the member — ( a ) dies; ( b ) resigns or is removed from office; or ( c ) becomes in any manner disqualified for office within the meaning of subsection (4). (6) Any vacancy arising under subsection (5) must, as soon as practicable, be filled in the manner in which the appointment to the vacant office was made; and every person so appointed holds office for the remainder of the term for which his or her predecessor was appointed. (7) The powers of the Board are not affected by any vacancy in its membership. (8) Any question as to whether a person has ceased to be a member of the Board appointed under subsection (2) is to be decided by the Board whose decision is final.


document_id: lsa-1991
provision_ref: s5
chapter: PART 2 - LAND SURVEYORS BOARD
section: 5
title: Meetings and quorum of Board
content:
5. —(1) The Board is to meet at such times and such places as the president may appoint. (2) At any meeting of the Board, 3 members form a quorum and no business may be transacted at any meeting unless a quorum is present. (3) At any meeting of the Board, the president presides and in the president’s absence the members present must elect from among themselves one member to preside over the meeting. (4) The member presiding at any meeting of the Board has a deliberative vote and, in the case of an equality of votes, also has a casting vote. (5) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may determine its own procedure. [5/2018]


document_id: lsa-1991
provision_ref: s6
chapter: PART 2 - LAND SURVEYORS BOARD
section: 6
title: Common seal of Board
content:
6. —(1) The common seal of the Board must bear such device as the Board may approve and the seal may be broken, changed, altered or made anew by the Board as it thinks fit. (2) The common seal must be kept in the custody of the president and must be authenticated by the president or other member acting in the president’s absence. (3) Any document purporting to be sealed and authenticated under subsection (2) is, until the contrary is proved, deemed to be validly executed.


document_id: lsa-1991
provision_ref: s7
chapter: PART 2 - LAND SURVEYORS BOARD
section: 7
title: Functions of Board and committees
content:
7. —(1) The functions of the Board are — ( a ) to keep and maintain a register of surveyors, an annual register of practitioners and an annual register of licensees; ( b ) to hold, or arrange for the holding of, any examinations and professional interviews that the Board considers necessary for the purpose of enabling persons to qualify for registration under this Act; ( c ) to approve or reject applications for registration under section 12 or to approve any such applications subject to any restrictions that it thinks fit to impose; ( d ) to establish, maintain and develop the standard of professional conduct and ethics of the surveying profession; ( e ) to promote learning and education in connection with the profession of surveying; ( f ) to hear and determine disputes relating to professional conduct or ethics of registered surveyors or licensed corporations, partnerships or limited liability partnerships; ( g ) to appoint arbitrators for the purpose of hearing and determining disputes between registered surveyors, licensed corporations, partnerships or limited liability partnerships and other persons; ( h ) to license corporations, partnerships and limited liability partnerships which supply survey services in Singapore; [Act 25 of 2024 wef 01/10/2025] ( ha ) to negotiate and implement any mutual recognition arrangement; and [Act 25 of 2024 wef 01/10/2025] ( i ) generally to do all acts, matters and things that are necessary to be carried out under the provisions of this Act. (2) The Board may appoint such committees from among its members or other persons (whether or not they are registered surveyors) as it thinks fit to assist or advise the Board on such matters arising out of its functions under this Act as are referred to them by the Board.


document_id: lsa-1991
provision_ref: s8
chapter: PART 2 - LAND SURVEYORS BOARD
section: 8
title: Registrar, officers and employees
content:
8. —(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must — ( a ) be under the general direction of the Board; ( b ) sign all certificates of registration, practising certificates and licences; and ( c ) record all entries of registration, cancellations and reinstatements in the register of surveyors, annual register of practitioners and annual register of licensees. [5/2018] (4) The Registrar must — ( a ) attend all meetings of the Board and record the proceedings of those meetings; and ( b ) conduct the correspondence and deal with any matters that the president or the Board may assign to the Registrar. (5) The Registrar must — ( a ) as soon as possible after 1 January each year, prepare and publish in the Gazette a list of the names of all registered surveyors who have in force a practising certificate and the principal business address at which the person practises in Singapore; and ( b ) from time to time publish in the Gazette such supplementary lists of the names of persons added to or removed from the register of practitioners as may be required. (6) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: lsa-1991
provision_ref: s9
chapter: PART 2 - LAND SURVEYORS BOARD
section: 9
title: Registers
content:
9. —(1) The Board must keep and maintain — ( a ) a register of surveyors containing the names of all persons registered under section 12, the qualifications by virtue of which they are so registered and any other particulars in relation thereto that the Board may determine; [Act 25 of 2024 wef 01/10/2025] ( b ) an annual register of practitioners containing the particulars as contained in the declaration delivered under section 15(3)( a ); and ( c ) an annual register of licensees containing the names of all licensed corporations, partnerships and limited liability partnerships and any other particulars in relation thereto that the Board may determine. (2) Any person may, on payment of the prescribed fee, inspect any register mentioned in subsection (1) at any time during the office hours of the Board. (3) A copy of any entry in any register kept and maintained under this section purporting to be certified by the Registrar as a true copy of that entry is in all proceedings prima facie evidence of the matters specified in the copy.


document_id: lsa-1991
provision_ref: s10
chapter: PART 3 - PRIVILEGES OF LAND SURVEYORS
section: 10
title: Illegal practice
content:
10. —(1) Subject to the provisions of this Act, a person must not certify to the correctness or accuracy of any survey unless the person is an authorised surveyor or a registered surveyor who has in force a practising certificate. (2) Subject to the provisions of this Act, a person must not — ( a ) use or cause or permit to be used the abbreviation “RS” as a title before his or her name, or any written words, titles or initials or any abbreviation thereof which are intended to cause or may reasonably cause any person to believe that the person using them is authorised to supply survey services in Singapore; or [Act 25 of 2024 wef 01/10/2025] ( b ) advertise or hold himself, herself or itself out or conduct himself, herself or itself in any way or by any means as a person authorised to supply survey services in Singapore, unless at the time of so doing the person is a registered surveyor who has in force a practising certificate, or is a licensed corporation, a licensed partnership, a licensed limited liability partnership or a partnership consisting wholly of registered surveyors. (3) Subject to the provisions of this Act, a person is not entitled to recover in any court any charge, fee or remuneration for any survey services rendered in Singapore, unless the person rendering such services is — ( a ) a registered surveyor who has in force a practising certificate and is doing so on the person’s own account or as a partner in a licensed partnership, a licensed limited liability partnership or a partnership consisting wholly of registered surveyors; ( b ) an allied professional and is doing so only by reason of being a partner in a licensed partnership or a licensed limited liability partnership; or ( c ) a licensed corporation or a licensed limited liability partnership. (4) Subject to the provisions of this Act, a person must not perform or execute any survey or engage in any survey work in Singapore unless the person is — ( a ) a registered surveyor who has in force a practising certificate; ( b ) an authorised surveyor; or ( c ) under the direction or supervision of any of the persons mentioned in paragraphs ( a ) and ( b ). (5) Any person who contravenes subsection (1), (2) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 25 of 2024 wef 01/10/2025]


document_id: lsa-1991
provision_ref: s11
chapter: PART 3 - PRIVILEGES OF LAND SURVEYORS
section: 11
title: Saving for winding up of corporation or limited liability partnership
content:
11. Nothing in section 10(2)( a ) prevents a corporation or limited liability partnership that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation or limited liability partnership.


document_id: lsa-1991
provision_ref: s12
chapter: PART 4 - REGISTRATION OF SURVEYORS
section: 12
title: Persons entitled to be registered as registered surveyors
content:
12. —(1) Subject to the provisions of this Act, every person who is 21 years of age and above is, on payment of the prescribed fee, entitled to be registered as a registered surveyor under this Act if — ( a ) he or she satisfies the Board that he or she has –– (i) obtained a certificate of competency issued by the Board after passing the prescribed examination; (ii) passed a professional examination recognised by the Board and passed such further examination and had such practical experience in surveying in Singapore as the Board may prescribe; or (iii) had such proper training in surveying recognised by the Board and passed such other examination as the Board may require; and ( b ) he or she has passed a professional interview conducted by the Board to determine whether he or she has the aptitude and knowledge to effectively perform or engage in survey work in Singapore. [Act 25 of 2024 wef 01/10/2025] (2) Despite subsection (1), the Board may refuse to register any person who is not, in the opinion of the Board, of good character and reputation. [Act 25 of 2024 wef 01/10/2025]


document_id: lsa-1991
provision_ref: s13
chapter: PART 4 - REGISTRATION OF SURVEYORS
section: 13
title: Application for registration
content:
13. Every application for registration under this Act must be made to the Board in such form and manner as may be prescribed.


document_id: lsa-1991
provision_ref: s14
chapter: PART 4 - REGISTRATION OF SURVEYORS
section: 14
title: Certificate of registration
content:
14. The Board must issue to each registered surveyor, upon application by the surveyor in the prescribed form and on payment of the prescribed fee, a certificate of registration.


document_id: lsa-1991
provision_ref: s15
chapter: PART 5 - PRACTISING CERTIFICATES
section: 15
title: Practising certificates
content:
15. —(1) Where a registered surveyor desires to engage in survey work in Singapore after 31 December of any year, he or she must, not later than 1 December of that year, apply in the prescribed form and manner for a practising certificate authorising him or her to engage in such survey work in the succeeding year. (2) Despite subsection (1), where a registered surveyor applies for a practising certificate for the first time after registration under section 12, the application must be in the prescribed form and may be made at any time during the year, and the registered surveyor may be issued a practising certificate for the remainder of the year in which the application is made. (3) Any application by a registered surveyor under this section must be addressed to the Board and be accompanied by — ( a ) a written declaration stating — (i) his or her full name; (ii) the name under which he or she practises if different from his or her own name, or the name of the corporation, partnership or limited liability partnership employing him or her; and (iii) the principal and any other address or addresses at which he or she practises in Singapore; ( b ) such evidence as the Board may require that the applicant has complied with or is exempt from the rules relating to — (i) insurance against professional liability; and (ii) continuing professional development; and ( c ) the prescribed fee, and the Board must, subject to subsection (4), thereupon issue to the registered surveyor a practising certificate. (4) The Board may refuse to issue a practising certificate if — ( a ) the applicant is an undischarged bankrupt; ( b ) the applicant has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors; ( c ) the applicant does not intend to practise either on his or her own account or in partnership, or is not or not about to be employed by any person lawfully supplying survey services in Singapore; ( d ) the declaration under subsection (3)( a ) contains a statement that to its knowledge is false in a material particular; or ( e ) the conduct of the applicant provides reasonable grounds for believing that he or she will not engage in survey work in Singapore in accordance with the written law and with honesty and integrity. (5) Any registered surveyor (not being a registered surveyor who is applying for a practising certificate for the first time) who fails to apply for a practising certificate in the manner and within the period laid down in subsection (1) may, on the making of an application in such form and on payment of such additional fee as may be prescribed, be issued a practising certificate for — ( a ) the succeeding year if the application is made during the month of December of any year; or ( b ) the remainder of the year if the application is made on or after 1 January of that year. (6) Subject to subsection (9), a practising certificate is, unless earlier cancelled, in force from the date of its issue until 31 December of the year in respect of which it is issued. (7) A practising certificate must specify the address of the principal place of practice and all other places of practice of the registered surveyor in respect of whom the practising certificate was issued. (8) Any change in that address must be notified by the registered surveyor concerned to the Registrar within 2 weeks of the change and an endorsement of the change on the practising certificate must be obtained from the Registrar. (9) Where the registration of a registered surveyor is cancelled under section 25, the practising certificate (if any) of that registered surveyor for the time being in force expires immediately and the Registrar must enter the date of the expiry in the register of practitioners. [Act 25 of 2024 wef 01/10/2025] (10) Any person whose application for a practising certificate has been refused by the Board may, within 30 days after being notified of the refusal, appeal to the General Division of the High Court whose decision is final. [40/2019]


document_id: lsa-1991
provision_ref: s16
chapter: PART 5 - PRACTISING CERTIFICATES
section: 16
title: Cancellation of practising certificates
content:
16. —(1) The Board may cancel a practising certificate of any registered surveyor on any ground specified in section 15(4) which applies to the registered surveyor, whether or not that ground existed at the time when the practising certificate was issued. (2) The Board must not cancel any practising certificate under subsection (1) unless an opportunity of being heard either personally or by counsel has been given to the person concerned. (3) Any person whose practising certificate has been cancelled by the Board under this section may, within 30 days after being notified of the cancellation, appeal to the General Division of the High Court whose decision is final. [40/2019]


document_id: lsa-1991
provision_ref: s17
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 17
title: Licence for multidiscipline and corporate practice
content:
17. —(1) Subject to the provisions of this Act, the Board may grant a licence to any limited corporation to supply survey services in Singapore if — ( a ) the memorandum of association of the corporation provides that a primary object of the corporation is to supply survey services; ( b ) it has a paid-up capital of at least $1 million; ( c ) the articles of association of the corporation provide that a prescribed number or proportion of the directors of the corporation must be registered surveyors or allied professionals, who each has in force a practising certificate; ( d ) the business of the corporation, so far as it relates to survey work in Singapore, will be under the control and management of a director of the corporation who — (i) is a registered surveyor who has in force a practising certificate; and (ii) is authorised under a resolution of the board of directors of the corporation to make all final survey decisions on behalf of the corporation with respect to the requirements of this Act or any other law relating to the supply of survey services by the corporation; and ( e ) the corporation is insured against professional liability in accordance with section 21 and the rules made under section 38. (2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply survey services in Singapore if — ( a ) the memorandum of association of the corporation provides that a primary object of the corporation is to supply survey services; ( b ) the articles of association of the corporation provide that — (i) a person must not be a director of the corporation unless the person is either a registered surveyor or an allied professional, who has in force a practising certificate; and (ii) a person must not be registered as a member of the corporation unless the person is — (A) a registered surveyor or an allied professional, or a nominee of such a person; and (B) a director, a manager or an employee of the corporation; and ( c ) the business of the corporation, so far as it relates to survey work in Singapore, will be under the control and management of a director of the corporation who — (i) is a registered surveyor who has in force a practising certificate; (ii) is a member, or a registered owner of at least one share, of the corporation; and (iii) is authorised under a resolution of the board of directors of the corporation to make all final survey decisions on behalf of the corporation with respect to the requirements of this Act or any other law relating to the supply of survey services by the corporation. (3) Subject to the provisions of this Act, the Board may grant a licence to any partnership not consisting wholly of registered surveyors to supply survey services in Singapore if — ( a ) the partnership is one in which only registered surveyors and allied professionals (who each has in force a practising certificate) have a beneficial interest in the capital assets and profits of the partnership; and ( b ) the business of the partnership, so far as it relates to survey work in Singapore, will be under the control and management of a partner who is a registered surveyor and has in force a practising certificate. (4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply survey services in Singapore if — ( a ) the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 19(1) of the Limited Liability Partnerships Act 2005 provides that a primary nature of the business of the limited liability partnership is to supply survey services in Singapore; ( b ) the partners in the limited liability partnership consist only of persons who satisfy any requirements that the Board may, with the approval of the Minister, prescribe; ( c ) at least one of the partners of the limited liability partnership is a registered surveyor who has in force a practising certificate; ( d ) the business of the limited liability partnership, so far as it relates to survey services in Singapore, will be under the control and management of a partner who — (i) is a registered surveyor who has in force a practising certificate; and (ii) is authorised under a resolution of the partners of the limited liability partnership to make all final survey decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of survey services by the limited liability partnership; and ( e ) the limited liability partnership is insured against professional liability in accordance with section 21 and the rules made under section 38. (5) Any application for a licence under this section must be in such form and be made in such manner as may be prescribed. (6) The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not), partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership or limited liability partnership provides reasonable grounds for believing that the corporation, partnership or limited liability partnership (as the case may be) will not supply survey services in accordance with any written law and with honesty and integrity. (7) Every licence granted under this section is, unless earlier revoked, valid for such period as may be specified in the licence. (8) Any person whose application for a licence has been refused by the Board may, within 30 days after being notified of the refusal, appeal to the Minister whose decision is final. (9) In subsection (1), “prescribed number or proportion of the directors” means — ( a ) a majority of the directors, where no number or proportion is specified under paragraph ( b ); or ( b ) such number or proportion of the directors as the Minister may, by notification in the Gazette , specify for the purposes of subsection (1).


document_id: lsa-1991
provision_ref: s18
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 18
title: Conditions of licence
content:
18. —(1) It is a condition of every licence granted to any corporation, partnership or limited liability partnership that the corporation, partnership or limited liability partnership (as the case may be) must supply survey services in Singapore only under the control and management of a registered surveyor who has in force a practising certificate and who is — ( a ) in the case of a limited corporation — a director or an employee of the corporation; ( b ) in the case of an unlimited corporation which has a share capital — either a director or an employee of the corporation who is a registered owner of at least one share of the corporation; ( c ) in the case of an unlimited corporation which does not have any share capital — either a director or an employee of the corporation who is a member of the corporation; ( d ) in the case of a limited liability partnership — a partner or an employee of the limited liability partnership; or ( e ) in the case of a partnership — a partner of the partnership. (2) It is a condition of every licence granted to any corporation (other than an unlimited corporation) or to any limited liability partnership that the corporation or limited liability partnership must not supply survey services in Singapore unless the corporation or limited liability partnership is insured in respect of professional liability in accordance with section 21 and the rules made under section 38. (3) Without affecting subsections (1) and (2), the Board may — ( a ) grant a licence subject to such other conditions as it thinks fit; and ( b ) at any time vary any existing conditions (other than those specified in subsections (1) and (2)) of such a licence or impose additional conditions thereto. (4) Where a licence is granted by the Board to a corporation, partnership or limited liability partnership subject to conditions (other than those specified in subsections (1) and (2)), the corporation, partnership or limited liability partnership may, if aggrieved by the decision of the Board, appeal in the prescribed manner to the Minister whose decision is final.


document_id: lsa-1991
provision_ref: s19
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 19
title: Change in composition of board of directors, members, etc.
content:
19. —(1) Any licensed corporation must, within 30 days of the occurrence of — ( a ) any alteration of its memorandum or articles of association to remove the restrictions, limitations or prohibitions of the kind specified in section 17(1), (2) or (4), whichever is applicable; ( b ) any change in the composition of its board of directors, members or shareholders; or ( c ) any revocation of any resolution passed by the board of directors under section 17(1)( d )(ii) or (2)( c )(iii), provide the Board a true written report giving full particulars of the alteration, change or revocation, as the case may be. (2) Any licensed partnership must, within 30 days of the occurrence of any change in the composition of its members, provide the Board a true written report giving full particulars of the change. (3) Any licensed limited liability partnership must, within 30 days of the occurrence of any change in the composition of its partners, provide the Board a true written report giving full particulars of the change.


document_id: lsa-1991
provision_ref: s20
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 20
title: Application of Companies Act 1967
content:
20. —(1) Sections 162, 163 and 197 of the Companies Act 1967 apply to a licensed corporation which is an exempt private company subject to the modification that any reference in those sections to an exempt private company does not include a reference to the licensed corporation. [36/2014] (2) Every such licensed corporation must — ( a ) comply with the prohibitions in sections 162 and 163 of the Companies Act 1967 as if it were not an exempt private company; and ( b ) forward annually to the Registrar of Companies, together with the annual return required by section 197 of the Companies Act 1967, any copies of documents that are required to be included in the annual return and any certificates and particulars in accordance with the prescribed form mentioned in section 197(2) of that Act as if it were not an exempt private company. [36/2014] (3) In this section, “exempt private company” has the meaning given by the Companies Act 1967.


document_id: lsa-1991
provision_ref: s21
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 21
title: Liability insurance
content:
21. Every licensed corporation which is not an unlimited corporation and every licensed limited liability partnership must be insured against liability for any breach of professional duty arising out of the conduct of its business of supplying survey services as a direct result of any negligent act, error or omission committed by — ( a ) in the case of a corporation — the corporation or its directors, managers, secretaries or employees; or ( b ) in the case of a limited liability partnership — the partnership or its partners, managers or employees.


document_id: lsa-1991
provision_ref: s22
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 22
title: Relationship between client and licensed corporation or licensed limited liability partnership
content:
22. A licensed corporation or a licensed limited liability partnership has the same rights and is subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation or limited liability partnership (as the case may be) that exist at law between a registered surveyor and his or her client.


document_id: lsa-1991
provision_ref: s23
chapter: PART 6 - MULTIDISCIPLINE AND CORPORATE PRACTICE
section: 23
title: Professional responsibility of supervising surveyor
content:
23. A registered surveyor who has the control and management of the business of a licensed corporation, licensed partnership or licensed limited liability partnership relating to the supply of survey services in Singapore is subject to the same standards of professional conduct and competence in respect of the business as if the survey services were personally supplied by the registered surveyor.


document_id: lsa-1991
provision_ref: s24
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 24
title: Appointment of Investigation Committees
content:
24. —(1) Without limiting section 7(2), the Board may appoint one or more Investigation Committees, consisting of such number of members (which may include members of the Board) as the Board may determine, for the purpose of investigating any complaint against a registered surveyor or a licensed corporation, partnership or limited liability partnership. (2) An Investigation Committee must, after investigating any complaint, report to the Board on the matter and the report must, among other things, deal with the question of the necessity or otherwise of a hearing by the Board under section 25 or 27. (3) An Investigation Committee must meet from time to time for the despatch of business and, subject to the provisions of this Act, may regulate its own procedure. (4) Any member of the Board who is a member of an Investigation Committee investigating any complaint against a registered surveyor or a licensed corporation, partnership or limited liability partnership — ( a ) must not take part in any deliberation of the Board under section 25 or 27 (as the case may be) with respect to that registered surveyor, corporation, partnership or limited liability partnership; and ( b ) must be disregarded for the purpose of constituting a quorum of the Board for such deliberation or decision.


document_id: lsa-1991
provision_ref: s25
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 25
title: Cancellation of registration or suspension from practice
content:
25. —(1) Subject to this section, the Board may by order cancel the registration of any registered surveyor or suspend him or her from practice for a period not exceeding 12 months under any of the following circumstances: ( a ) if he or she is convicted of any offence involving fraud, dishonesty or moral turpitude; ( b ) if his or her registration under section 12 or practising certificate was obtained by fraud or misrepresentation; ( c ) if his or her qualification for registration under section 12 has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; ( d ) if he or she has been guilty of any improper conduct that renders him or her, in the opinion of the Board, unfit to be a registered surveyor; ( e ) if it appears to the Board that he or she has contravened any provision of the prescribed code of professional conduct and ethics; ( f ) if it appears to the Board that he or she is no longer in a position to carry out the duties of a registered surveyor effectively; ( g ) if it appears to the Board that the registered surveyor, while being a director, manager, or an employee of a corporation, or a partner, manager or an employee of a partnership or limited liability partnership, had failed to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 27(1)( f )) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 27; ( h ) if he or she has been adjudicated a bankrupt; ( i ) if he or she has been convicted of any offence under this Act; ( j ) if he or she refuses or fails to comply with any order of the Board made under subsection (2)( a ) or ( c ); ( k ) if he or she refuses or fails to pay the cost of any correction to his or her cadastral survey within 14 days of the receipt of a statement issued to him or her under section 16(4) of the Boundaries and Survey Maps Act 1998. (2) The Board may, in any case in which it considers that no cause of sufficient gravity for cancellation of registration or suspension from practice exists, exercise one or more of the following powers: ( a ) by order impose on the registered surveyor a penalty not exceeding $20,000; [Act 25 of 2024 wef 01/10/2025] ( b ) by writing under the hand of the president censure the registered surveyor; ( c ) order the registered surveyor to pay the cost of any correction to his or her cadastral survey incurred by the Chief Surveyor. (3) The Board must not exercise its powers under subsection (1) or (2) unless — ( a ) an opportunity of being heard either personally or by counsel has been given to the registered surveyor against whom the Board intends to exercise its powers; and ( b ) there has been a hearing at which at least 3 members of the Board are present. (4) Every penalty imposed by the Board under subsection (2)( a ) is recoverable as a debt due to the Board. (4A) All penalties collected by the Board under subsection (2)( a ) must be paid into the Consolidated Fund. [Act 25 of 2024 wef 01/10/2025] (5) While any order of suspension from practice made under this section remains in force, the person concerned is not for the purposes of this Act to be regarded as having in force a practising certificate, but immediately on the expiry or annulment of such order, his or her privileges as a registered surveyor are revived as from the date of expiry or annulment. (6) Any order of cancellation of registration or suspension from practice does not take effect until the expiry of 30 days after the Board has informed the person concerned, but if within that period the person concerned gives due notice of appeal to the General Division of the High Court, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court. [40/2019] (7) For the purposes of subsection (1)( g ), a registered surveyor is not to be deemed to have taken reasonable steps to prevent the doing of any act by a corporation, partnership or limited liability partnership unless he or she satisfies the Board that — ( a ) the act was done without his or her knowledge; ( b ) he or she was not in a position to influence the conduct of the corporation, partnership or limited liability partnership in relation to its action; or ( c ) he or she, being in such position, exercised all due diligence to prevent the corporation, partnership or limited liability partnership from so acting. (8) In this section, references to acts done include references to omissions to act and to a series of acts or omissions to act.


document_id: lsa-1991
provision_ref: s26
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 26
title: Removal from registers
content:
26. —(1) The name and other particulars of any registered surveyor — ( a ) who has died; ( b ) whose registration has been cancelled under section 25; or ( c ) who has no address in Singapore at which he or she can be contacted or sent any document using his or her particulars in the register, must be removed from the register of surveyors and register of practitioners. (2) Any registered surveyor may apply to the Board to have his or her name removed from the register of surveyors. (3) Every application under subsection (2) must be made in the prescribed form and must be supported by an affidavit served on the Board at least 2 months before the application is heard. (4) The Board may for good cause require the applicant to advertise his or her intention to make the application in such manner as the Board directs. (5) Subject to subsection (6), the Board may after hearing the application direct the Registrar to remove the name of the applicant from the register of surveyors. (6) No order is to be made on an application under subsection (2) if the Board is satisfied that — ( a ) disciplinary action is pending against the applicant; or ( b ) the conduct of the applicant is the subject of an inquiry or investigation by an Investigation Committee.


document_id: lsa-1991
provision_ref: s27
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 27
title: Revocation of licence
content:
27. —(1) Subject to subsection (3), the Board may by order revoke any licence granted to a corporation, partnership or limited liability partnership if in the opinion of the Board — ( a ) the corporation, partnership or limited liability partnership has failed to comply with any of the conditions imposed by the Board under section 18; ( b ) in relation to a corporation, the memorandum or articles of association of the corporation have been so altered that they no longer include the restrictions, limitations or prohibitions of the kind specified in section 17(1) or (2), whichever is applicable; ( c ) in relation to a partnership, a person who is neither — (i) a registered surveyor who has in force a practising certificate; nor (ii) an allied professional who has in force a practising certificate, has a beneficial interest in the capital assets and profits of the partnership; ( d ) in relation to a limited liability partnership, the limited liability partnership no longer satisfies the requirements of section 17(4); ( e ) the licence had been obtained by fraud or misrepresentation; ( f ) the corporation, partnership or limited liability partnership has stopped supplying survey services in Singapore; ( g ) the corporation, partnership or limited liability partnership has contravened section 19, 20 or 21, or has been convicted of an offence under this Act; ( h ) the corporation, partnership or limited liability partnership has contravened any provision of the prescribed code of professional conduct and ethics; ( i ) the conduct of any director, manager or employee of the corporation, or any partner, manager or employee of the partnership or limited liability partnership, provides grounds for believing that the corporation, partnership or limited liability partnership (as the case may be) will not engage in survey work in Singapore in accordance with the written law and with honesty and integrity; ( j ) the corporation, partnership or limited liability partnership has refused or failed to comply with an order of the Board made under subsection (2); or ( k ) the corporation, partnership or limited liability partnership refuses or fails to pay the cost of any correction to its cadastral survey within 14 days of the receipt of a statement issued to it under section 16(4) of the Boundaries and Survey Maps Act 1998. (2) The Board may, in any case in which it considers that no cause of sufficient gravity for revoking a licence exists — ( a ) by order impose on the corporation, partnership or limited liability partnership concerned a penalty not exceeding $50,000 and every such penalty is recoverable as a debt due to the Board; or [Act 25 of 2024 wef 01/10/2025] ( b ) order the corporation, partnership or limited liability partnership to pay the cost of any correction to its cadastral survey incurred by the Chief Surveyor. (2A) All penalties collected by the Board under subsection (2)( a ) must be paid into the Consolidated Fund. [Act 25 of 2024 wef 01/10/2025] (3) The Board must not exercise its powers under subsection (1) or (2) unless — ( a ) an opportunity of being heard by a representative in writing or by counsel has been given to the corporation, partnership or limited liability partnership against which the Board intends to exercise its powers; and ( b ) at least 3 members of the Board are present at the hearing. (4) Where the Board has revoked a licence under this section, it must immediately inform the corporation, partnership or limited liability partnership concerned. (5) Any order of revocation made by the Board does not take effect until the expiry of 30 days after the Board has informed the corporation, partnership or limited liability partnership concerned and if within that period the corporation, partnership or limited liability partnership gives due notice of appeal to the General Division of the High Court, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court. [40/2019] (6) Where an order of revocation becomes effective — ( a ) the Registrar must cause notice of the revocation to be published in the Gazette and must cancel the entry in the register of licensees relating to the corporation, partnership or limited liability partnership concerned; and ( b ) the corporation, partnership or limited liability partnership concerned must, as from the date of the notice, stop supplying survey services in Singapore except as may be approved by the Board for the purpose of winding up its business. (7) Subsection (6)( b ) does not prejudice the enforcement by any person of any right or claim against the corporation, partnership or limited liability partnership or by the corporation, partnership or limited liability partnership of any right or claim against any person.


document_id: lsa-1991
provision_ref: s28
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 28
title: Appeals
content:
28. Where the Board has made — ( a ) an order of cancellation of registration or suspension from practice under section 25 against a registered surveyor; ( b ) an order of revocation of a licence under section 27 against a corporation, partnership or limited liability partnership; or ( c ) an order imposing any pecuniary penalty on a registered surveyor under section 25(2) or on a corporation, partnership or limited liability partnership under section 27(2), the registered surveyor, corporation, partnership or limited liability partnership concerned may, within 30 days after the order or penalty has been communicated to him, her or it, appeal to the General Division of the High Court whose decision is final. [40/2019]


document_id: lsa-1991
provision_ref: s29
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 29
title: Reinstatement of registration
content:
29. The Board may, after the expiry of at least one year from the cancellation of registration of any person, consider any application for registration by that person in accordance with the provisions of Part 4.


document_id: lsa-1991
provision_ref: s30
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 30
title: Powers to require attendance of witnesses, etc.
content:
30. —(1) For the purposes of any investigation by an Investigation Committee or any hearing under section 25 or 27 by the Board, the Investigation Committee or the Board may — ( a ) require evidence to be given on oath and for that purpose the Chairperson of the Investigation Committee or any member of the Board (as the case may be) may administer an oath; and ( b ) require any person to attend and give evidence before it and to produce all books, documents and papers in the custody of that person or under that person’s control relating to the subject matter of the investigation or hearing. (2) Every person who, without lawful excuse, refuses or fails — ( a ) to attend and give evidence when required to do so by the Investigation Committee or the Board; ( b ) to answer truly and fully any question put to the person by a member of the Investigation Committee or the Board; or ( c ) to produce to the Investigation Committee or the Board any book, document or paper required of the person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [Act 25 of 2024 wef 01/10/2025]


document_id: lsa-1991
provision_ref: s31
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 31
title: Board may appoint legal counsel
content:
31. For the purposes of any investigation by an Investigation Committee, any hearing under section 25 or 27 by the Board or any appeal to the General Division of the High Court under section 28, the Investigation Committee or the Board (as the case may be) may appoint an advocate and solicitor and pay him or her such remuneration as the Board may determine. [40/2019]


document_id: lsa-1991
provision_ref: s32
chapter: PART 7 - DISCIPLINARY PROCEEDINGS AND REVOCATION
section: 32
title: Costs and expenses
content:
32. —(1) Where the Board has made — ( a ) an order of cancellation of registration or suspension from practice under section 25 against a registered surveyor; ( b ) an order of revocation of a licence under section 27 against a corporation, partnership or limited liability partnership; or ( c ) an order imposing any pecuniary penalty on a registered surveyor under section 25(2) or on a corporation, partnership or limited liability partnership under section 27(2), the Board may order the registered surveyor, corporation, partnership or limited liability partnership (as the case may be) to pay to the Board such sum as it thinks fit in respect of costs and expenses incurred by the Board. (2) The General Division of the High Court has jurisdiction to tax any sum ordered by the Board under subsection (1), and such order is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court. [40/2019] (3) The costs and expenses mentioned in subsection (1) include — ( a ) the costs and expenses of any advocate and solicitor appointed under section 31; ( b ) such reasonable expenses as the Board may pay to witnesses; and ( c ) such reasonable expenses as may be incurred by the Board in respect of the investigation by the Investigation Committee or in the conduct of proceedings before the Board or any appeal to the General Division of the High Court. [40/2019]


document_id: lsa-1991
provision_ref: s33
chapter: PART 8 - GENERAL
section: 33
title: Application of fees, etc., received by Board
content:
33. —(1) All fees, penalties and other moneys payable under this Act, unless otherwise provided, must be paid to the Board to be applied — ( a ) first, to defraying the expenses incurred by the Board in the administration of this Act, including the remuneration of the Registrar and other officers and employees of the Board; and ( b ) thereafter, to providing scholarships and the promotion of learning and education in connection with the surveying profession. [Act 25 of 2024 wef 01/10/2025] (2) The Registrar must take and receive all moneys payable to the Board under this Act. (3) All fees and other moneys payable to the Board under this Act must be paid immediately into a bank account approved by the Minister. (4) The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: lsa-1991
provision_ref: s34
chapter: PART 8 - GENERAL
section: 34
title: Penalty for wilful falsification of register and for wrongfully procuring registration, etc.
content:
34. Any person who — ( a ) wilfully makes or causes to be made any false entry in or falsification of any register kept and maintained under this Act; ( b ) wilfully procures or attempts to procure — (i) for any corporation, partnership or limited liability partnership any licence; or (ii) for himself or herself or any other person a practising certificate or to be registered as a registered surveyor or registered foreign surveyor under this Act, [Act 25 of 2024 wef 01/10/2025] by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or by intentionally suppressing any material fact and providing information which is misleading; or ( c ) knowingly aids or assists in any of the acts mentioned in paragraph ( a ) or ( b ), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [Act 25 of 2024 wef 01/10/2025]


document_id: lsa-1991
provision_ref: s35
chapter: PART 8 - GENERAL
section: 35
title: Offences by bodies corporate, etc.
content:
35. Where a corporation, partnership, limited liability partnership or an unincorporated association of persons is guilty of an offence under this Act and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, partner, secretary or other similar officer of the corporation, partnership, limited liability partnership or association or any person who was purporting to act in any such capacity, he or she, as well as the corporation, partnership, limited liability partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: lsa-1991
provision_ref: s36
chapter: PART 8 - GENERAL
section: 36
title: No action or proceedings in absence of bad faith or malice
content:
36. No action or proceedings shall lie against the Board, an Investigation Committee or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.


document_id: lsa-1991
provision_ref: s37
chapter: PART 8 - GENERAL
section: 37
title: Exemption
content:
37. —(1) The Minister may, by order and subject to any conditions that the Minister thinks fit, exempt any person or class of persons from all or any of the provisions of this Act. (2) Any order made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: lsa-1991
provision_ref: s38
chapter: PART 8 - GENERAL
section: 38
title: Rules
content:
38. —(1) The Board may, with the approval of the Minister, make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make rules — ( a ) prescribing forms of applications under this Act and certificates of registration, practising certificates and licences; ( b ) prescribing the requirements relating to continuing professional development to be satisfied under this Act; ( c ) prescribing the fees payable to the Board under this Act; ( d ) prescribing the subject matter of examinations to be conducted by or under the direction of the Board in the case of any applicant or class of applicants for registration; ( e ) prescribing the form of the register of surveyors, register of practitioners and register of licensees to be kept and the particulars to be entered therein; ( f ) prescribing a code of professional conduct and ethics; ( g ) requiring all or any of the following to take out and maintain insurance against liability for breach of professional duty in the course of supplying survey services: (i) any partnership consisting wholly of registered surveyors applying for a licence; (ii) any partnership or unlimited corporation applying for a licence; (iii) any registered surveyor applying for a practising certificate for the purpose of engaging in survey practice on his or her own account; (iv) any registered surveyor applying for a practising certificate who is employed or about to be employed by any person or body referred to in sub-paragraphs (i), (ii) and (iii); (v) any other registered surveyor applying for a practising certificate; ( h ) prescribing the terms and conditions of insurance against professional liability under this Act, including a minimum limit of indemnity; and ( i ) regulating the proceedings of an Investigation Committee. (3) All rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: lspo-1957
provision_ref: s2
section: 2
title: Reverend Mother Superior of the Little Sisters of the Poor to be a body corporate
content:
2. —(1) The said Reverend Mother Hedwige and her successors for the time being in office of the Reverend Mother Superior of the Little Sisters of the Poor in Malaya, duly authorised and appointed as hereinafter provided, shall be a body corporate, hereinafter in this Ordinance called the “Corporation” and shall hereafter for the purposes of this Ordinance have the name of the “Reverend Mother Superior of the Little Sisters of the Poor in Malaya”, and by that name have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, convey, assign, surrender and yield up, mortgage, demise, re‑assign, transfer or otherwise dispose of any movable and immovable property vested in the Corporation upon such terms as the Corporation shall think fit.


document_id: lspo-1957
provision_ref: s4
section: 4
title: Notification of appointment of Reverend Mother Superior
content:
4. A notification in the Gazette of the appointment of any person to exercise the office of Reverend Mother Superior of the Little Sisters of the Poor in Malaya shall be conclusive evidence that such person was duly authorised to exercise the said office.


document_id: lspo-1957
provision_ref: s5
section: 5
title: Saving of Government and other rights
content:
5. Nothing in this Ordinance shall affect the rights of the Government, all bodies politic and corporate, and all others except such as are expressly mentioned in this Ordinance, and those claiming by, from or under them. [7/97]


document_id: lta-1993
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Division into Parts
content:
2. This Act is divided into Parts, as follows: PART 1 ... sections 1-4 PART 2 ... sections 5-7 PART 3 Division 1 ... sections 8-18 Division 2 ... sections 19-24A Division 3 ... sections 25-27 PART 4 ... sections 28-44 PART 5 Division 1 ... sections 45-49 Division 2 ... section 50 PART 6 ... sections 51-62 PART 7 ... sections 63-67 PART 8 Division 1 ... sections 68-80 Division 2 ... sections 81-85 PART 9 ... sections 86-93 PART 10 ... sections 94-106 PART 11 ... sections 107-114 PART 12 ... sections 115-130 PART 13 ... sections 131-137 PART 14 ... sections 138-141 PART 15 ... sections 142-145 PART 16 ... sections 146-150 PART 17 ... sections 151-160 PART 18 ... sections 161-164 PART 19 ... sections 165-176.


document_id: lta-1993
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Reconciliation with existing laws
content:
3. —(1) Except as provided in this Act, all Acts, regulations, rules, and other laws, and all practices, relating to estates and interests in land and operative at 1 March 1994, so far as they are inconsistent with the provisions of this Act in their application to registered land, are repealed. (2) Nothing in this Act affects the right of the Collector of Land Revenue, or of any other person or authority empowered by any written law, to enter on registered land pursuant to such a power. (3) Except as otherwise expressly provided in this Act, the Registration of Deeds Act 1988 does not apply to registered land. (4) This Act binds the Government.


document_id: lta-1993
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Interpretation
content:
4. —(1) In this Act, unless the context otherwise requires — “approved form” means any form approved by the Registrar for the purposes of any of the provisions of this Act and includes an electronic form produced by making an electronic copy, image or reproduction of a written instrument; “assurance”, in relation to unregistered land, has the meaning given by the Registration of Deeds Act 1988; “assurance fund” means the assurance fund constituted under section 151; “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “caveatee” means the proprietor or other owner of land described in a caveat and to whom notice of the caveat is required to be given; “caveator” means the person by whom or on whose behalf a caveat has been lodged; “certificate of title” — ( a ) in relation to a manual folio, includes a duplicate certificate of title issued by the Registrar before or after 1 March 1994; and ( b ) in relation to a computer folio, includes a print‑out of that folio bearing a facsimile of the Registrar’s seal; “Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act 1998; “Collector” has the meaning given by the Land Revenue Collection Act 1940; “competent authority”, in relation to any development or subdivision of land, means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development or subdivision of land, as the case may be; “computer folio” means a folio that is not a manual folio; “dealing” means any instrument other than a certificate of title or caveat which is registrable or capable of being made registrable under the provisions of this Act or in respect of which any entry or notification in the land‑register is by this Act required or permitted to be made; “electronic instrument” means an instrument in an electronic form; “executor” means the executor to whom probate has been granted, and includes an executor by right of representation; “folio” means a folio of the land‑register, whether qualified or unqualified as to title; “instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land; “interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land; “land” means — ( a ) the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or ( b ) any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto, and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts; “land‑register” means the land‑register that is maintained under section 28; “Land Titles Registry” means the Land Titles Registry of the Authority; “limited liability partnership” means any limited liability partnership whether registered in Singapore under the Limited Liability Partnerships Act 2005 or otherwise; “manual folio” means a folio maintained by the Registrar wholly in the form of a document in writing; “microfilm”, in relation to a document, includes storing a reproduction of the document on magnetic, optical or other medium in a computer from which a facsimile of the document may be perceived or further reproduced with the aid of a machine or other device; “proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee; “purchaser” means a person who, in good faith and for valuable consideration, acquires an estate or interest in land, and includes a mortgagee, chargee and lessee; and “purchase” shall have a corresponding meaning; “qualified folio” means a folio qualified as to title; “registered land” means land which has been brought under the provisions of this Act by being included in a folio; “Registrar” means the Registrar of Titles appointed under section 5; “Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988; “relevant authority” means any Government department or authority or statutory authority empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building under the Planning Act 1998 or under any other written law and includes the competent authority; “State title” means any grant or lease issued under the State Lands Act 1920 or State Lands Ordinance 1886 and includes a Crown grant or lease issued under the Crown Lands Ordinance 1886 at any time prior to 16 September 1963; “subdivided building” has the meaning given by the Land Titles (Strata) Act 1967; “unregistered land” means any land which has not yet been brought under the provisions of this Act. [8/2014; 11/2015] (2) [ Deleted by Act 8 of 2014 ] (3) A reference to land alienated by the State includes a reference to land alienated by the Crown at any time prior to 16 September 1963. (4) A reference in this Act to a facsimile of the Registrar’s seal is a reference to an official seal which is a facsimile of the seal of office mentioned in section 6(1). (5) A reference in this Act to subdivision of land (whether registered or unregistered) permitted, approved or granted by the competent authority includes, where applicable, a reference to subdivision of land that is authorised by the Minister under a notification made under section 21(6) of the Planning Act 1998. (6) Where by reason of any notification made by the Minister under section 21(6) of the Planning Act 1998 — ( a ) the strata subdivision of any building or class of buildings as specified in that notification is authorised; and ( b ) the approval by the competent authority of a strata subdivision plan for that building or class of buildings is not required under the Planning Act 1998, then for the purposes of this Act, any reference to a subdivision plan issued or approved by the competent authority is, where applicable, to be construed to mean a reference to building plans approved by the relevant authority — ( c ) which are endorsed with a certificate by a registered surveyor under the Land Surveyors Act 1991 who has in force a practising certificate issued under that Act certifying that the boundaries of all the strata lots which the surveyor has delineated on the approved building plans have been endorsed by the proprietor of the development to be correct and in accordance with what was sold or agreed to be sold by the proprietor; and [Act 25 of 2024 wef 01/10/2025] ( d ) which contain such other certifications and particulars as may be required by the Registrar or the Chief Surveyor.


document_id: lta-1993
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT OF LAND TITLES REGISTRY
section: 5
title: Appointment of Registrar, Deputy Registrars, Assistant Registrars and other officers
content:
5. —(1) This Act is to be administered by the Registrar of Titles who is appointed by the Minister and who is to carry into execution the provisions of this Act and be responsible for the general administration of the Land Titles Registry. (2) The Minister may also appoint such number of Deputy Registrars and Assistant Registrars of Titles and other officers of the Registry as may be necessary for the carrying out of the provisions of this Act. (3) The Minister may create different grades for Deputy Registrars and Assistant Registrars of Titles. (4) Whenever by law anything is appointed or authorised to be done by the Registrar of Titles, that thing may lawfully be done by a Deputy Registrar or an Assistant Registrar of Titles. (5) Where any other officer is appointed to carry out the provisions of this Act — ( a ) the officer has to, subject to the general or special directions of the Registrar or any Deputy Registrar of Titles authorised by the Registrar to act on his or her behalf, carry out the provisions of this Act; and ( b ) any person dealing with or making any inquiry on any matter or fact registered or notified in the records maintained under this Act is exonerated from inquiring whether such officer who has purportedly carried out lawfully the provisions of this Act has the power to do so.


document_id: lta-1993
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT OF LAND TITLES REGISTRY
section: 6
title: Seal of office
content:
6. —(1) The Registrar is to have and use a seal of office having inscribed in the margin thereof the words “Registrar of Titles, Singapore”. (2) Every certificate of title, dealing or any other document in writing relating to the disposition or acquisition of, or claim to, any estate or interest in land or evidencing title thereto, bearing the Registrar’s seal or the facsimile of that seal and purporting to be issued by the Registrar — ( a ) shall be received in evidence; and ( b ) is, unless the contrary is shown, deemed without further proof to be issued by or under the direction of the Registrar.


document_id: lta-1993
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT OF LAND TITLES REGISTRY
section: 7
title: General powers of Registrar
content:
7. —(1) The Registrar may exercise the following powers: ( a ) to administer oaths and take statutory declarations; ( b ) to enter caveats for the prevention of fraud or improper dealing whenever the Registrar has reason to think that fraud or improper dealing may occur, or for the prevention of any dealing with any registered land which has been found to be erroneous; ( c ) to — (i) require any person who may have possession or control of an instrument relating to land which is the subject of a dealing, or relating to title to any such land, to produce that instrument; and (ii) retain any such instrument, whether produced pursuant to this paragraph or otherwise, until it is no longer required for the action in accordance with a dealing lodged with the Registrar provided that the Registrar must permit the person who is entitled to the custody of that instrument to inspect the instrument; ( d ) to summon any person referred to in paragraph ( c ) or any person who from the land‑register or a dealing appears to have or is entitled to or acquires or divests an estate or interest in any land to appear and give an explanation with respect to that land or instrument. [8/2014] (2) For the purpose of verifying the proprietorship of any land, whether registered or unregistered, and of establishing the limits of boundaries in relation to the proprietorship of such land where there is no modern survey or where the plans filed with the Authority are not sufficiently clear to establish such boundaries, the Registrar may require — ( a ) any person who may have possession of any title deed relating to any unregistered land and any relevant document pertaining to any estate or interest in such land other than documents relating to trusts to produce such documents; and ( b ) any person who owns any estate or interest in land, to furnish any information pertaining to the use or any other matter relating to the land. [8/2014] (3) Where a person — ( a ) required to produce an instrument under subsection (1)( c ) or (2) fails to produce the instrument or to allow it to be inspected; or ( b ) on being summoned under paragraph ( d ) of subsection (1), refuses or neglects to give an explanation which the person is pursuant to that paragraph required to give, or knowingly misleads or deceives any person authorised to demand any such explanation, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000; and if the instrument or information withheld appears to the Registrar to be material in relation to an instrument lodged for registration under this Act, the Registrar may refuse to register the instrument lodged for registration.


document_id: lta-1993
provision_ref: s8
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 8
title: Alienation by State
content:
8. —(1) Where at any time, whether before or after 1 March 1994, the State alienates or has alienated — ( a ) an estate in fee simple; ( b ) an estate in perpetuity; or ( c ) a leasehold estate, in any land, the Collector must furnish to the Registrar such particulars of the alienation in such manner as may be required by the Registrar to enable the Registrar to bring the land under the provisions of this Act by creating one or more folios for that land. (2) Any land brought under the provisions of this Act under subsection (1) is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the relevant State title. (3) Pending the issue of a State title, the land brought under the provisions of this Act under this section is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the State title executed in escrow by the grantee or lessee of the land. (4) Where any land has been brought under the provisions of this Act pursuant to any certificate issued by the Collector before 1 March 1994, the Collector must upon the issue of the relevant State title deliver the full particulars of the State title to the Registrar who must create a new edition of the relevant folio or make necessary alterations to the land‑register to show the particulars of the State title and the boundaries and dimensions of the land and indicate whether the boundaries and dimensions are conclusive.


document_id: lta-1993
provision_ref: s9
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 9
title: Surrender and reissue of title to land
content:
9. —(1) Where the President agrees to accept the surrender of the title to land (whether registered or unregistered, and whether of the same or different tenure), for the reissue of one or more fresh State titles of one type of tenure, the President may accept the surrender of title to land, subject to all or any of the following: ( a ) any subsisting mortgage with the consent of the mortgagee, the Collector, and the Registrar of Deeds or the Registrar, as the case may be; ( b ) any subsisting statutory charge in favour of the Central Provident Fund Board or any caveat notified under this Act or registered under the Registration of Deeds Act 1988 with the consent of the Collector, and the Registrar of Deeds or the Registrar, as the case may be. [8/2014] (2) Upon the acceptance by the President under subsection (1), the surrender may be lodged with the Registry of Deeds or Land Titles Registry, as the case may be. [8/2014] (3) The fresh State title or titles in respect of the whole or part of the land surrendered may be issued by the President only when the Registrar of Deeds or the Registrar (as the case may be) has notified the Collector that the surrender has been finally registered. [8/2014] (4) Upon the creation of one or more folios for the land, the Registrar must, where applicable, notify any subsisting mortgage, statutory charge or caveat mentioned in subsection (1)( a ) and ( b ), and cancel the previously existing folio or folios for the land. [8/2014] (5) Any subsisting mortgage, statutory charge or caveat mentioned in subsection (4) and notified on one or more folios for the land comprised in the fresh State title or titles issued by the President is deemed to be registered or notified against the estate and interest of the proprietor of land in whose name the folio or folios are issued. [8/2014] 10. [ Repealed by Act 8 of 2014 ] 11. [ Repealed by Act 8 of 2014 ]


document_id: lta-1993
provision_ref: s12
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 12
title:
Restriction on registration or notification of assurance, instrument or caveat pending issue of fresh State title

content:
12. After the surrender of the title to land is lodged with the Registry of Deeds or the Land Titles Registry (as the case may be) under section 9, and pending the issuance of a fresh State title or titles by the President — ( a ) except for a discharge of a statutory charge in favour of the Central Provident Fund Board or a withdrawal of a subsisting caveat registered under the Registration of Deeds Act 1988 — (i) no assurance or caveat in respect of the unregistered land surrendered is capable of being registered under the provisions of that Act; and (ii) where such assurance or caveat has been registered, the Registrar of Deeds has the power to cancel the registration of such assurance or caveat and any entries relating thereto from the records kept by the Registry of Deeds; and ( b ) except for a discharge of a statutory charge in favour of the Central Provident Fund Board or an extension or withdrawal of a subsisting caveat notified under this Act — (i) no dealing or caveat in respect of the registered land surrendered is capable of being registered or notified under the provisions of this Act; and (ii) where such dealing or caveat has been registered or notified, the Registrar has the power to cancel the registration or notification of such dealing or caveat and any entries relating thereto from the records kept by the Land Titles Registry. [8/2014]


document_id: lta-1993
provision_ref: s13
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 13
title: Collector to furnish Registrar with particulars of fresh State title
content:
13. —(1) Where at the time of the lodgment of any surrender of the title to land under section 9, the land is subject to any subsisting mortgage, statutory charge or caveat, the fresh State title or titles to be issued by the President under section 9 must be endorsed with a statement by the Collector that the fresh State title or titles are subject to any subsisting mortgage, statutory charge or caveat mentioned in that section. [8/2014] (2) Upon the issue of the fresh State title by the President for the land surrendered under section 9, the Collector must furnish to the Registrar such particulars of the fresh State title in such manner as may be required by the Registrar to enable the Registrar — ( a ) to bring the land under the provisions of this Act by creating one or more new folios for the land; and ( b ) to notify the subsisting mortgage, statutory charge or caveat on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land. [8/2014] (3) Section 27(5) and (6) applies, with the necessary modifications, to the mortgage, statutory charge or caveat notified on the relevant folio under subsection (2).


document_id: lta-1993
provision_ref: s14
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 14
title: Power of Registrar of Deeds to refuse registration of assurances
content:
14. Where an assurance which requires the prior written consent of either the Collector or the Registrar or both of them (as the case may be) has been made without the endorsement of his or her or their written consent thereon — ( a ) the Registrar of Deeds must not accept that assurance for registration or, in the case where that assurance has been registered under the provisions of the Registration of Deeds Act 1988, must cancel the registration of that assurance and any entries relating thereto; and ( b ) the Collector must disregard that assurance and may issue one or more fresh State titles as if that assurance had not been made. [8/2014]


document_id: lta-1993
provision_ref: s15
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 15
title: Application of section 8
content:
15. —(1) Section 8(2) and (3) applies to any land brought under the provisions of this Act pursuant to the issue of fresh State title after the surrender of an existing title. [8/2014] (2) Section 8(4) applies to any land brought under the provisions of this Act pursuant to the surrender of an existing title and the issue of a certificate by the Collector before 1 March 1994.


document_id: lta-1993
provision_ref: s16
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 16
title: Registrar to make an entry on folio as to conclusiveness of boundaries, etc.
content:
16. —(1) Where any land alienated by the President is brought under the provisions of this Act and a folio has been created for the land, the Registrar must — ( a ) where the boundaries and dimensions as shown in the plan filed with and approved by the Chief Surveyor are inconclusive, make an entry in the folio to show — (i) that the boundaries and dimensions are inconclusive; and (ii) the reference number of the plan; or ( b ) where in the plan filed with and approved by the Chief Surveyor the boundaries and dimensions have been approved as conclusive, make an entry in the folio of the reference number of the plan. (2) Where the Registrar has entered a caution on the folio created for the land as to the inconclusiveness of its boundaries and dimensions under subsection (1), the Registrar must cancel that caution when the boundaries and dimensions shown in the plan filed with the Chief Surveyor have been approved as conclusive by the Chief Surveyor. (3) Upon the cancellation of the caution mentioned in subsection (2), the Registrar must make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions.


document_id: lta-1993
provision_ref: s17
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 17
title:
Priority of interests protected by mortgages, statutory charges and caveats registered or notified on land‑register

content:
17. —(1) Where any land has been surrendered to the President under section 9, with subsisting mortgages, statutory charges and caveats registered or notified on the land‑register, the priority of these mortgages, statutory charges and caveats are to be determined as follows: ( a ) the priority for caveats lodged under section 115 and notified in the land‑register are to be determined in accordance with section 119; and ( b ) the priority for mortgages, statutory charges or caveats (including those registered under the Registration of Deeds Act 1988 and subsequently notified on the folio or folios when created) are to be determined in accordance with section 48. [8/2014] (2) Where any instrument (including a mortgage, statutory charge or caveat) was materially amended pending its final registration or notification in the land‑register (as the case may be), section 48(2) applies, with the necessary modifications, to the determination of its priority in accordance with this section. (3) The respective priorities of mortgages, statutory charges and caveats as determined in subsection (1) apply only to those mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh State title to the land or part thereof. [8/2014]


document_id: lta-1993
provision_ref: s18
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 18
title: Collector may refuse to accept surrender of title to land for reissue of title
content:
18. The Collector may refuse to accept the surrender of any title to land for the reissue of title where the Collector is satisfied that the proprietor or owner of the land intended for surrender has not complied with any existing law or the lawful requirements of any Government authority. Division 2 &#x2014; Applications and schemes to bring land under this Act


document_id: lta-1993
provision_ref: s19
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 19
title: Bringing lands under this Act
content:
19. —(1) Unregistered land of whatever tenure may be brought under the provisions of this Act upon any primary application or at the instance of the Registrar in accordance with this Division. (2) The Registrar may bring unregistered land under the provisions of this Act by the creation of one or more folios for the land which are either qualified or unqualified as to title, and must notify on the folio, in such manner as to preserve their priority, such particulars as the Registrar thinks fit of all subsisting mortgages or other encumbrances to which the land is subject at the time of bringing the land under the provisions of this Act. (3) Any folio, qualified or unqualified as to title, created under this Division for any land may, if the circumstances so require, be qualified as to the boundaries and dimensions of the land, and section 165 applies with such modifications as are necessary to that land.


document_id: lta-1993
provision_ref: s20
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 20
title: Primary applications
content:
20. —(1) A person entitled to bring unregistered land under the provisions of this Act may lodge a primary application with the Registrar to bring the land under this Act together with any deed, conveyance or instrument affecting the land. (2) The following persons are entitled to have unregistered land brought under the provisions of this Act: ( a ) the person claiming to be the owner (either at law or in equity) or persons who collectively claim to be the owners (either at law or in equity) of the fee simple, an estate in perpetuity or leasehold estate; or ( b ) trustees for the sale of the fee simple, an estate in perpetuity or leasehold estate where the application to bring the land under the provisions of this Act has been consented to by a majority in number of persons required to give that consent. (3) A primary application to bring land under the provisions of this Act must — ( a ) be in the approved form; and ( b ) be accompanied by such documents of title or other evidence as the Registrar may require, including but not limited to a statutory declaration (in a form acceptable to the Registrar) executed by an applicant who is unable to produce any such documents of title or other evidence to substantiate the applicant’s claim or from any person connected with the loss of those documents. (4) Despite subsection (2), a mortgagor is not entitled to apply to bring land under the provisions of this Act unless the mortgagee consents to the primary application. (5) Unless expressly prohibited by the terms of its memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document (as the case may be) a corporation (whether sole or aggregate) or a limited liability partnership is deemed to have power to apply to the Registrar to bring land under the provisions of this Act. [8/2014] (6) Any primary application under subsection (5) may be made — ( a ) on behalf of a corporation (other than a limited liability partnership), by its director, manager or secretary; or ( b ) on behalf of a limited liability partnership, by its partner or manager, or an attorney appointed in that behalf by the limited liability partnership, under its common seal in accordance with the memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document, as the case may be. [8/2014] (7) The Registrar may refer any primary application to any legally qualified person for investigation of and report on the applicant’s title. (8) On the creation of a folio for the land, the Registrar must cancel — ( a ) all assurances lodged to support the primary application if the folio is unqualified as to title; or ( b ) in any other case, the last deed lodged with the Registry of Deeds prior to the creation of the folio.


document_id: lta-1993
provision_ref: s21
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 21
title:
Unregistered land may be brought under this Act at instance of Registrar or on registration of conveyance

content:
21. —(1) The Registrar may, if he or she thinks fit, bring under the provisions of this Act any unregistered land comprised in any conveyance registered under the Registration of Deeds Act 1988. (2) If the Registrar intends to bring any unregistered land under the provisions of this Act in accordance with subsection (1), the Registrar must — ( a ) give notice of the Registrar’s intention to do so to the owner of the land (as shown from the records in the Registry of Deeds); and ( b ) require the owner to produce for cancellation, within the time specified in the notice, the owner’s documents of title or any other evidence substantiating the owner’s ownership of the land. (3) Where the owner of the land fails, neglects or refuses to comply with the notice under subsection (2), the Registrar must insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to bring the unregistered land under the provisions of this Act, including particulars of the owner of the land as shown from the records in the Registry of Deeds or such other particulars as the Registrar may in his or her discretion deem appropriate. (4) After the Registrar has given notice under subsection (2) or (3) (as the case may be) the Registrar must bring the land specified in the notice under the provisions of this Act by creating one or more folios for that land. (5) Where a person entitled to the unregistered land does not or is unable to produce the documents of title or any other evidence substantiating that person’s claim, the Registrar may, in his or her discretion, issue a certificate of title to that person if a statutory declaration (in a form acceptable to the Registrar) has been executed by that person, that person’s successor‑in‑title, that person’s mortgagee or any person who has possession or control of the documents of title, and produced to the Registrar for his or her inspection and, if the Registrar so requires, retention. [8/2014] (6) On registering a conveyance in accordance with section 7(2) and (3) of the Registration of Deeds Act 1988, the Registrar of Deeds must forward the conveyance to the Registrar who may, if he or she thinks fit, bring the land comprised in the conveyance under the provisions of this Act. (7) The Registrar must cancel the last deed pertaining to any land brought under the provisions of this Act in accordance with this section.


document_id: lta-1993
provision_ref: s22
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 22
title: Land may be brought under this Act upon subdivision
content:
22. —(1) Where permission has been granted to develop or subdivide any unregistered land, the owner is not entitled to deal with the land or any part thereof whether under the Registration of Deeds Act 1988 or under this Act, unless the entire parcel is brought under the provisions of this Act in accordance with Division 1 or this Division. [8/2014] (2) Despite subsection (1), the Registrar of Deeds may register any assurance of the land or part thereof under the Registration of Deeds Act 1988 where the Registrar has issued to the owner a certificate exempting the land from the application of subsection (1). [8/2014] (3) Subject to subsection (4), subsection (2) does not apply to unregistered land where permission for the subdivision of any building erected thereon was previously granted and an assurance of part of that subdivided building was registered under the Registration of Deeds Act 1988 before 15 May 1968. (4) Where the whole of the estate in an unregistered land mentioned in subsection (3) comprising the subdivided building has wholly become vested or subsequently vests in the same proprietor at any time on or after 15 May 1968, subsection (2) applies to that unregistered land.


document_id: lta-1993
provision_ref: s23
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 23
title: In whose name title to issue
content:
23. —(1) A folio created under this Division must be in the name of — ( a ) the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the fee simple, estate in perpetuity or leasehold estate in land; or ( b ) the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the equity of redemption if conversion is based on the delivery of a document which is a conveyance of the land by way of mortgage. [8/2014] (2) If before a folio is created, the person who is entitled to be recorded as the registered proprietor on the folio dies, the folio may be created recording the deceased person as the registered proprietor as if the folio was created before the person died.


document_id: lta-1993
provision_ref: s24
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 24
title: Mortgages and leases
content:
24. —(1) Where land has been brought under the provisions of this Act by the creation of a folio (whether qualified or unqualified as to title), any subsisting mortgage registered under the Registration of Deeds Act 1988 in respect of land comprised in the folio is, when notified on the folio, deemed to be a mortgage registered under the provisions of this Act and the provisions of this Act applicable to registered mortgages apply to that mortgage. (2) Any second or subsequent conveyance by mortgage of the land in any such folio is deemed to be a second or subsequent mortgage registered under the provisions of this Act. (3) Where a folio has been created under this Division for any land — ( a ) subject to paragraph ( b ), the Registration of Deeds Act 1988 ceases to apply to the land; ( b ) the Registration of Deeds Act 1988 continues to apply to any document relating to any trust, probate and letters of administration and any settlement created under any instrument for that land which was subsisting immediately before the date on which the folio was created, not being a document purporting to convey, mortgage or discharge any estate or interest in the land comprised in the folio. (4) Every folio created for any leasehold estate in land is subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant on the term. (5) Where the Registrar is unable to determine when the term of any leasehold estate in any unregistered land commences, he or she is, for the purposes of bringing the land under the provisions of this Act, entitled to assume that the term of the lease commences on the date of the lease.


document_id: lta-1993
provision_ref: s24A
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 24A
title: Leases of flats erected on unregistered land
content:
24A. —(1) Where there is a subsisting lease for a flat in a building erected on unregistered land and the lease for such a flat has been registered under the Registration of Deeds Act 1988, the Registrar may issue a subsidiary certificate of title to the owner (as it appears from the records kept by the Registry of Deeds) of the flat without requiring the owner to produce the lease or any other documents of title in the owner’s possession for cancellation. (2) If the Registrar intends to issue a subsidiary certificate of title in accordance with subsection (1), the Registrar must — ( a ) insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to issue the subsidiary certificate of title to the owner of the flat after the expiry of 21 days from the date of publication of the notice; and ( b ) send by registered post, a notice to the owner informing the owner of the Registrar’s decision to issue a subsidiary certificate of title for the flat. (3) A subsidiary certificate of title issued under this section must, where applicable, be endorsed with a notice — ( a ) stating that the area and plan reference of the flat are not stated as no survey has been carried out and approved by the Chief Surveyor; and ( b ) stating the owner’s share in the land on which the flat stands or the owner’s share in the land appurtenant to the flat which forms part of the development. (4) Where the Registrar determines from the records in the Registry of Deeds that it was intended that the owner of the flat should — ( a ) own a share in the land on which the flat stands; or ( b ) own a share in the land appurtenant to the flat which forms part of the development, the Registrar may, despite any earlier failure or omission to transfer the relevant share in land to the owner of the flat, endorse on the subsidiary certificate of title — ( c ) the share in land owned by the owner; or ( d ) the share in land appurtenant to the flat, as the case may be. [8/2014] (5) A share in the land appurtenant to a flat comprised in a subsidiary certificate of title must not be dealt with except as appurtenant to the flat and any dealing of that flat operates to deal with the share in the land. [8/2014] (6) Where the owner of the land has granted leases for some but not all of the flats in the building, the owner is deemed to be a proprietor of the flats which are still owned by that owner. (7) Where the owners of the flats are also the owners of the land on which the flats stand or which form part of the development, the Registrar must, except upon request, retain the certificate of title issued for the land. [8/2014] (8) For the purposes of this section — ( a ) it is deemed that the planning approval for subdivision of the building had been granted by the relevant authority; ( b ) in the event of a conflict between this section and the provisions of the Land Titles (Strata) Act 1967, this section prevails; and ( c ) “flat” has the meaning given by section 3 of the Land Titles (Strata) Act 1967. (9) This section also applies with the necessary modifications where — ( a ) subsisting leases for flats are registered under the Registration of Deeds Act 1988 and the flats are in a building erected on registered land; and ( b ) the land is vested in the owners of the flats as tenants‑in‑common in their respective shares reflected in the land‑register. Division 3 &#x2014; Qualified titles and caveats


document_id: lta-1993
provision_ref: s25
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 25
title: Cautions and lapsing of cautions
content:
25. —(1) Upon the creation of a qualified folio, the Registrar must enter thereon a caution warning persons dealing with the registered proprietor therein named that the land comprised therein is held subject to any interest which affected it at the date of the creation of that folio, and so long as the caution remains on that folio that land is so held. (2) A caution recorded on any qualified folio (whether created under this Act or the repealed Land Titles Act (Cap. 157, 1985 Revised Edition)) lapses in one of the following ways: ( a ) if, after the creation of the qualified folio, a purchaser for valuable consideration and without fraud becomes registered as proprietor of an estate or interest in the land comprised in the folio, the caution lapses as regards the estate or interest on the expiry of 5 years after the date of the last deed which was cancelled by the Registrar on the creation of the folio; ( b ) if, immediately before the expiry of 10 years after the creation of the qualified folio, the caution affecting the folio has not lapsed as regards all estates and interests in the land comprised in the folio or has not been cancelled, the caution lapses — (i) on the expiry of that period; or (ii) on the expiry of 24 months after 20 August 2001, whichever is the later. (3) A mortgagee or chargee is not regarded as a purchaser for the purposes of subsection (2). (4) When a caution lapses under subsection (2), the lapsed caution constitutes a defunct entry and the Registrar must, of his or her own motion, cause an entry to be made in respect of the lapsing of the caution. [8/2014] (5) Upon the lapsing of a caution under subsection (2), the folio ceases to be qualified and the land comprised therein is as from that time held subject only to such interests as are registered or notified on the folio and to such interests as are otherwise excepted by section 46. (6) Any person deprived of land by the operation of this section does not by reason of that deprivation have any claim against the assurance fund.


document_id: lta-1993
provision_ref: s26
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 26
title: Cancellation of cautions
content:
26. —(1) Where the Registrar has entered a caution on a qualified folio under section 25, the proprietor of the land comprised in that folio may apply to the Registrar in the approved form together with any deed, conveyance or instrument affecting the land for the cancellation of the caution if the proprietor is able to — ( a ) deduce a title for a continuous period of not less than 12 years at the date of the proprietor’s application; and ( b ) satisfy the Registrar that there are no outstanding interests which are not notified on that folio. (2) Upon proof to the Registrar’s satisfaction that subsection (1) has been complied with, the Registrar must enter on the qualified folio a notification cancelling the caution. (3) For the purposes of section 155, the person upon whose application a caution is cancelled is deemed to be the person upon whose application the land was brought under this Act.


document_id: lta-1993
provision_ref: s27
chapter: PART 3 - INITIAL REGISTRATION OF TITLES
section: 27
title: Prior encumbrances to be notified on folio
content:
27. —(1) The Registrar must enter on a folio a notification of any caveat or other subsisting encumbrance — ( a ) which is apparent to him or her from the records maintained at the Land Titles Registry (including the Caveat Index) at the time of the creation of that folio; and ( b ) which is subsequently brought to his or her attention as in this section provided. (2) Any person claiming an interest in land which was subsisting at the date of the creation of a folio for that land other than an interest excepted by section 46 may, so long as the folio remains qualified as to title, protect that interest by lodging a caveat under section 115, and the Registrar must enter a notification of such a caveat in that folio. (3) The proprietor in whose name a folio has been created must lodge with the Registrar a statement setting out particulars of any subsisting interest affecting the land therein comprised which is known to the proprietor and which is not already notified under subsection (1) other than an interest excepted by section 46. (3A) Where any unregistered land has been brought under the provisions of this Act with one or more subsisting caveats for an estate or interest in the land lodged in accordance with the Registration of Deeds Act 1988, the Registrar may, on being satisfied that the caveat has not been withdrawn, cancelled or lapsed, enter a notification of the caveat in that folio as if the caveator had also lodged a caveat under section 115 and in the manner specified in section 115(2)( b ) for the same estate or interest in the land when lodging the caveat under the Registration of Deeds Act 1988. (4) The proprietor named in a folio who — ( a ) has knowledge of an encumbrance or interest affecting the land comprised therein which is not notified on the relevant folio; and ( b ) disposes of or otherwise deals with or creates any interest in that land without having lodged a statement under subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (5) An interest notified on the folio under this section is an interest within the meaning of section 46, but its notification does not give the interest to which it relates any greater operation or effect than it has under the instrument creating it. (6) Any interest notified on the folio under this section does not, by reason of any provision of this Act, lose any priority which that interest would otherwise have had.


document_id: lta-1993
provision_ref: s28
chapter: PART 4 - REGISTRATION
section: 28
title: Land-register
content:
28. —(1) The Registrar must cause a register (called in this Act the land‑register) to be maintained for the purposes of this Act. (2) The land-register comprises — ( a ) folios; ( b ) dealings registered therein under this Act; and ( c ) instruments and other documents in the approved form registered or notified under this Act. (3) The land-register may be maintained in or upon any medium or combination of mediums capable of having information recorded in or upon it or them. (4) The Registrar may, from time to time, vary the manner or form in which the whole or part of the land‑register is maintained.


document_id: lta-1993
provision_ref: s29
chapter: PART 4 - REGISTRATION
section: 29
title: Folios of land-register
content:
29. —(1) The Registrar must create a folio for any land by making a record of — ( a ) a description of the land and of the estate or interest therein for which it is created; ( b ) a description of the proprietor for the time being of the estate or interest and such other particulars as the Registrar thinks fit; and ( c ) such particulars, as the Registrar thinks fit, of — (i) other estates or interests (if any) affecting the land; (ii) other information (if any) that relates to the land or any estate or interest therein and is included in that record under this Act or any other written law or an instrument made under such written law; [Act 42 of 2022 wef 01/11/2024] (iii) any notice which the Registrar is required to enter on the land-register in respect of the land, any estate or interest therein or any subdivided lot thereof under the Residential Property Act 1976; and [Act 42 of 2022 wef 01/11/2024] (iv) any encroachment notice issued under section 12 of the State Lands Protection Act 2022 in respect of the land unless the information specified in the encroachment notice is no longer current, [Act 42 of 2022 wef 01/11/2024] and by allocating a distinctive reference to the record so made. [35/2010] (2) The Registrar may at any time create a new edition of a folio showing only subsisting entries and omitting therefrom all entries that have been determined or have ceased to have any effect. (3) Where a person is registered as proprietor of a lease registered under this Act, the Registrar may — ( a ) if the Registrar thinks fit, create a folio or folios for the estate or interest of that person in some or all of the land leased; and ( b ) for the purposes of this subsection, require the production to the Registrar of the duplicate lease. [8/2014] (4) The Registrar may, if he or she thinks fit, create a new folio or new folios for the whole or any part of the land comprised in one or more of the folios. (5) The Registrar may create a folio in respect of several parcels of land that are not contiguous if, in his or her opinion, the relative positions of those parcels can be sufficiently and conveniently shown on the plan filed with and approved by the Chief Surveyor. (6) The Registrar may create a single folio, qualified or unqualified as to title — ( a ) for 2 or more parcels of land even though they may be of different tenure; or ( b ) for one parcel of land, even if that parcel of land comprises land of different tenure. (7) Except as otherwise provided for in section 43, where, under this Act, the Registrar creates a new folio for land comprised in a previously created folio, he or she must cancel the previously created folio and may, for the purposes of this subsection, require the production to him or her of any certificate of title or duplicate lease. [8/2014] (8) The Registrar has, and is deemed always to have had, power to cancel in such manner as he or she considers proper any entry or notification in the land‑register that he or she is satisfied does not affect the land to which the entry or notification purports to relate. (9) The Registrar must maintain a record of all dealings recorded in, or action taken in respect of, a computer folio and such other information (if any) relating to the folio as he or she thinks fit.


document_id: lta-1993
provision_ref: s30
chapter: PART 4 - REGISTRATION
section: 30
title: New folios of land-register
content:
30. —(1) The Registrar may create a new manual folio in the following cases: ( a ) where, in the Registrar’s opinion, it is impracticable to make further endorsements on an existing manual folio; ( b ) where the certificate of title of the land comprised in an existing manual folio has been mutilated or defaced or is in such condition that, in the Registrar’s opinion, it should not be delivered. (2) Where the land is comprised in a manual or computer folio, the Registrar may create a new folio — ( a ) where, upon registration of a transfer or transmission, the transferee or applicant has become the proprietor of an undivided share as tenant-in-common of the whole of the land in an existing folio; ( b ) where the same proprietor owns 2 or more parcels of land of the same tenure, or in the case of leasehold estates comprised in one or more State titles with the same expiry dates, and the parcels have been amalgamated and allotted with a new survey lot number by the Chief Surveyor; ( c ) where the proprietor of any land comprised in one or more existing folios has lodged the certificates of title thereof and has requested the Registrar — (i) to create a new folio for the land comprised therein; (ii) to create new folios for separate parts of the land therein comprised in accordance with any lawful subdivision or layout, and the said parts have been assigned lot numbers as shown on the survey plan approved by the Chief Surveyor; or (iii) to create a new folio comprising contiguous parcels in substitution for 2 or more existing folios; ( d ) in any other case where the Registrar is authorised or considers it practicable to create a new folio. [8/2014] (3) Upon the creation of a new folio, the Registrar must cancel the previous folio and must indicate thereon the serial number of the new folio or folios and the reason for its cancellation. (4) Subject to any agreement to the contrary, the proprietor in whose name a new folio is to be issued is, as between the proprietor and any person with whom the proprietor has dealt, liable for the cost of creating that folio. (5) A new folio created under this section may, if the circumstances so require, be qualified as to boundaries and dimensions and section 165 applies, with the necessary modifications, thereto.


document_id: lta-1993
provision_ref: s31
chapter: PART 4 - REGISTRATION
section: 31
title: Covenants restricting subdivision of land in State titles not to apply to registered land
content:
31. The provisions of the State Lands Act 1920 and the covenants or conditions under that Act prohibiting or restricting the division or partition of land do not apply to registered land. [8/2014]


document_id: lta-1993
provision_ref: s32
chapter: PART 4 - REGISTRATION
section: 32
title: Creation of new folios of land-register on application of mortgagee or chargee
content:
32. —(1) Where the competent authority, or any other authority controlling or supervising the lawful subdivision of land, has granted subdivision approval for any land comprised in one or more folios which has been mortgaged or charged, any registered mortgagee or chargee (hereinafter called the applicant) may — ( a ) with the written consent of the applicant’s registered mortgagor; or ( b ) where default is made in the payment of the interest, principal or other moneys secured by the mortgage or charge or in payment of any part thereof, make an application together with the certificate of title for the creation of new folios for the separate subdivided lots. [8/2014] (2) Where the registered mortgagor has given consent for the application made by the registered mortgagee, the consent must be endorsed on the application form lodged with the Registrar for creation of the new folios in accordance with subsection (1). (3) Where the applicant is not the first registered mortgagee or chargee, the consent of mortgagees and chargees having priority to the applicant’s mortgage or charge must be endorsed on the application. (4) The Registrar need not be concerned to inquire whether — ( a ) any default mentioned in subsection (1)( b ) has occurred; ( b ) notice has been given of the application for new folios under this section; or ( c ) the right conferred upon the mortgagee or chargee under this section is otherwise properly or regularly exercised.


document_id: lta-1993
provision_ref: s33
chapter: PART 4 - REGISTRATION
section: 33
title: Contingent interests
content:
33. —(1) A new folio must not be created in favour of — ( a ) a person entitled to a bare power of appointment over land; or ( b ) a person or class of persons entitled only to a contingent interest in land. (2) Any instrument creating an interest mentioned in subsection (1) must be registered by entering a memorial thereof on the current folio evidencing the title to the land in question. (3) For the purposes of this section, persons entitled in default of execution of a power of appointment, or who are unascertained at the date of entry of such a memorial, are deemed to have contingent interests.


document_id: lta-1993
provision_ref: s34
chapter: PART 4 - REGISTRATION
section: 34
title: Certificates of title
content:
34. —(1) The Registrar may, if he or she thinks fit, from time to time issue a certificate of title for the land comprised in any folio and may, for the purposes of subsection (4), require the production of any existing certificate of title or other registered instruments. (2) A certificate of title must be in an approved form. (3) Every certificate of title must bear a serial number which shows clearly the distinctive reference allocated to the folio. (4) When the Registrar issues a certificate of title, he or she must cancel any certificate of title thereby superseded and produced or is otherwise available to him or her. (5) Despite subsection (1) but subject to subsection (6), the Registrar must issue a certificate of title for the land comprised in a folio upon the written request of — ( a ) the registered proprietor of that land; or ( b ) any registered mortgagee or chargee of that land. (6) A request made under subsection (5) does not require the Registrar to issue a certificate of title for the land comprised in a folio if a certificate of title for the land has been issued but has not been lodged with the Registrar.


document_id: lta-1993
provision_ref: s35
chapter: PART 4 - REGISTRATION
section: 35
title: Delivery of certificates of title, etc., after registration
content:
35. The Registrar may — ( a ) deliver a certificate of title or any registered instrument and related documents in the Registrar’s custody to the person who lodged the documents unless that person has lodged an approved form with the Registrar authorising the Registrar to deliver the documents to some other person; and ( b ) where the Registrar is unable to determine to whom the certificate of title or registered instrument and related documents should be delivered, deliver it to the person he or she considers best entitled to the certificate of title or registered instrument or document or may retain them in the Land Titles Registry, and thereafter deliver them to the party adjudged by a court to be entitled to them or to a firm of solicitors authorised in writing by the Law Society of Singapore by its authorised officer.


document_id: lta-1993
provision_ref: s36
chapter: PART 4 - REGISTRATION
section: 36
title: Land-register as evidence
content:
36. —(1) Every manual folio duly authenticated under the hand and seal of the Registrar — ( a ) shall be received in all courts as evidence of the particulars therein set forth and that the land therein comprised has been duly brought under the provisions of this Act; and ( b ) is conclusive evidence that the person named as proprietor therein or in any memorial thereon is, or was at the relevant time, entitled to the estate or interest in the land therein specified and described. (2) A print-out of a computer folio issued by the Registrar and bearing a facsimile of the Registrar’s seal — ( a ) shall be received in all courts as evidence of the particulars therein set forth; and ( b ) is conclusive evidence that the land therein comprised has been duly brought under the provisions of this Act and that the person named as proprietor therein or in any memorial thereon is, or was at the relevant time, entitled to the estate or interest in the land therein specified and described. [4/2012] (3) Where, in a manual folio or a print-out of a computer folio, the estate or interest of a registered proprietor is expressed to be subject to — ( a ) an estate or interest evidenced by an instrument; ( b ) a provision of an instrument; or ( c ) an enumerated provision of any Act, the whole of the contents of that instrument, provision or enumerated provision (as the case may be) is deemed to be set forth at length in the folio or print‑out. (4) Where a copy of a manual folio duly certified by the Registrar as a true copy or a print‑out of a computer folio issued by the Registrar and bearing a facsimile of the Registrar’s seal is before a court in any action or suit, it has the same value in evidence as the original folio. (5) Where the Registrar is required by law to produce at any place or to any person a computer folio, the Registrar must comply with that requirement by issuing a print‑out of the computer folio and by causing the print‑out to be produced at that place or to that person.


document_id: lta-1993
provision_ref: s37
chapter: PART 4 - REGISTRATION
section: 37
title: Registration and priority of instruments
content:
37. —(1) The Registrar must register an instrument in the following manner: ( a ) where the relevant folio is a manual folio — by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio and duly signed and sealed and dated by the Registrar; ( b ) where the relevant folio is a computer folio — by entering a memorial in the computer folio containing the essential particulars of the instrument registered, including the date of registration, except that where an instrument affects only a registered lease and no folio has been created for the land leased, it is sufficient for the purposes of this Act if the particulars of the instrument are recorded on that registered lease. (2) Where 2 or more instruments which affect the same land have been lodged for registration at the same time by the same person and are awaiting registration, the Registrar must register the instruments in the order in which the Registrar is requested in the lodgment application to do so by the person lodging the instruments. (3) Where 2 or more instruments which affect the same land have been lodged by different persons or by the same person at different times and are awaiting registration, the Registrar must, subject to subsection (4), register them in the order which would give effect to the intentions of the parties as expressed in, or apparent to the Registrar from, the instruments. (4) Where the intentions of the parties mentioned in subsection (3) appear to the Registrar to conflict, the Registrar must register the instruments in the order in which they were lodged in registrable form, or were made registrable, as the case may be. (5) When instruments affecting the same estate or interest in any land have been registered, they are, despite any express, implied or constructive notice, entitled to priority according to the order in which they are registered and not according to the date of the respective instruments. (6) For a manual folio, the memorial must bear the signature and seal of the Registrar or a facsimile thereof and the date of registration. (7) For a computer folio, the memorial need not bear the signature of the Registrar but must show the date of registration and must be authenticated in such manner as the Registrar considers appropriate. (8) Where registration has been effected under subsection (1)( a ) or ( b ), the person who is named therein as taking an estate or interest becomes the proprietor of that estate or interest. (9) The Registrar, on being satisfied that any entry in the land‑register has ceased to affect the land to which it purports to relate, may of his or her own motion cancel that entry.


document_id: lta-1993
provision_ref: s38
chapter: PART 4 - REGISTRATION
section: 38
title: Restrictions on Registrar’s powers of registration
content:
38. —(1) The Registrar must not register any instrument purporting to transfer or otherwise to deal with or affect registered land except in the manner herein provided, nor unless the instrument is substantially in accordance with the provisions of this Act. (2) The Registrar must not enter in the land‑register a notification of any transaction the legal effect of which is personal only or which does not create a recognised interest in land. [8/2014] (3) The Registrar must not register as proprietor any person or body other than a natural person, or a corporation, or a limited liability partnership, or a foreign state in the name of that state, or a body expressly empowered by statute to hold land. [8/2014] (4) The Registrar must not accept for registration any instrument unless the fees prescribed in respect thereof have been deposited or partially paid or arrangements have been made for payment through the inter‑bank GIRO or other electronic means.


document_id: lta-1993
provision_ref: s39
chapter: PART 4 - REGISTRATION
section: 39
title: Proprietors under disability
content:
39. —(1) Where it appears to the Registrar that a person acquiring title under any instrument is an infant or is suffering from any other legal disability, the Registrar must notify the disability in the memorial of registration and in any new folio which may be created in favour of that person. (2) Where a disability has been so notified, the Registrar must not register any instrument executed by the person under disability unless the instrument gives effect to a transaction approved by the court or otherwise proved to the satisfaction of the Registrar to be within the capacity of that person.


document_id: lta-1993
provision_ref: s40
chapter: PART 4 - REGISTRATION
section: 40
title: Corporations and limited liability partnerships
content:
40. —(1) In favour of any purchaser of registered land, a corporation or a limited liability partnership is deemed to have the same powers of acquisition and disposition as a natural person of full age and legal capacity. [8/2014] (2) This section applies to all corporations whether sole or aggregate, whether created by any written law or otherwise, and to all limited liability partnerships, and despite any stipulation, restriction, or qualification imposed in the constitution of the corporation or limited liability partnership (as the case may be) or elsewhere. [8/2014] (3) Nothing in this section shall be held to diminish the personal liability of any individual or group of individuals controlling or responsible for the management of a corporation or a limited liability partnership for acting in excess of its corporate powers. [8/2014] (4) Where a corporation or a limited liability partnership holds land in a fiduciary capacity, this section shall not be held to extend the powers of the corporation or the limited liability partnership in respect of that land nor otherwise to affect the liability of the corporation or the limited liability partnership to the beneficiaries for acting in excess of those powers. [8/2014]


document_id: lta-1993
provision_ref: s41
chapter: PART 4 - REGISTRATION
section: 41
title: Death of party
content:
41. Where a party entitled to registration under an instrument dies before registration of the instrument, the Registrar may nevertheless register the instrument in the name of that party.


document_id: lta-1993
provision_ref: s42
chapter: PART 4 - REGISTRATION
section: 42
title: Entries on documents of title
content:
42. —(1) Where the Registrar has issued a certificate of title in respect of any registered land comprised in any folio, that document must be produced for the purpose of effecting registration of any instrument lodged in the Land Titles Registry and for the purpose of entering endorsements of the memorial of registration in that folio. [8/2014] (2) The Registrar may dispense with production of a certificate of title mentioned in subsection (1) or a duplicate lease for any of the following purposes or in any of the following cases: ( a ) for the entry of a caveat; ( b ) for the registration of an enforcement order or order of court; [Act 25 of 2021 wef 01/04/2022] ( c ) for the registration of a statutory charge including a charge in favour of the Central Provident Fund Board; ( d ) in any case where express provision to do so is made by this Act or any other written law; ( e ) where satisfactory evidence has been furnished to show that the certificate of title or duplicate lease has been lost, mislaid, destroyed or is being improperly or wrongfully withheld; ( f ) for the registration of any transfer or other instrument pursuant to a writ or order of court as defined in section 131; ( g ) for the cancellation of an easement under section 106. [8/2014] (3) In any case under subsection (2)( e ), the Registrar may require the person seeking registration to — ( a ) furnish evidence that the certificate of title or duplicate lease has not been deposited as security for a loan; and ( b ) advertise (in such manner as the Registrar may direct) the application to dispense with production or the application for a new certificate of title under section 43. [8/2014]


document_id: lta-1993
provision_ref: s43
chapter: PART 4 - REGISTRATION
section: 43
title: Replacement of certificates of title, etc.
content:
43. —(1) The Registrar may issue a new certificate of title or a new subsidiary certificate of title to replace — ( a ) any certificate of title; or ( b ) any subsidiary certificate of title or duplicate lease, which has been lost, mislaid, destroyed or is being improperly or wrongfully withheld. [8/2014] (2) Every new certificate of title or new subsidiary certificate of title issued under subsection (1) — ( a ) must bear a new serial number allocated by the Registrar and only subsisting instruments and entries are to be shown on the folio; ( b ) is as valid as the certificate of title, subsidiary certificate of title or duplicate lease (as the case may be) it replaces; and ( c ) is usable for any purpose for which that certificate of title, subsidiary certificate of title or duplicate lease it replaces might have been used. [8/2014] (3) An application for a new certificate of title or a subsidiary certificate of title may be made by the proprietor of the land comprised therein, or by any person claiming through the proprietor, to the Registrar in the approved form, and must be supported by such evidence as the Registrar may require. [8/2014] (4) The Registrar may require an applicant to give notice of the applicant’s application by publishing, within 14 days after the date of that application, at the applicant’s cost, a copy of the application in one or more local daily newspapers circulating in Singapore. [8/2014] (5) The Registrar may issue a new certificate of title or a new subsidiary certificate of title only upon being satisfied that the application is in order and there are no valid objections to the application. [8/2014] (6) Upon the issuance of the new certificate of title or the new subsidiary certificate of title under subsection (1), the Registrar must cancel the previous folio and enter in that folio a notification of the issue of the new certificate of title or subsidiary certificate of title (as the case may be), and that notification cancels the certificate of title or subsidiary certificate of title which the new certificate of title or subsidiary certificate of title replaces for all purposes even though the replaced certificate of title or subsidiary certificate of title (as the case may be) may subsequently be recovered. [8/2014] (7) Where a new folio has been created for a duplicate lease which has been lost, mislaid, destroyed, or is being improperly or wrongfully withheld, the Registrar must enter a notification in the original lease of the issue of the new folio, and that notification cancels the duplicate lease even though the duplicate lease may subsequently be recovered. [8/2014]


document_id: lta-1993
provision_ref: s43A
chapter: PART 4 - REGISTRATION
section: 43A
title: Surrender of earlier certificate of title, etc., upon replacement
content:
43A. —(1) Where a certificate of title, subsidiary certificate of title or duplicate lease is declared to be lost, mislaid, destroyed or is being improperly or wrongfully withheld, and in place thereof a new certificate of title or a new subsidiary certificate of title is issued by the Registrar under section 43(1), any person having possession or custody of the certificate of title, subsidiary certificate of title or duplicate lease so replaced must surrender it to the Registrar for custody. [8/2014] (2) Any person who fails to surrender to the Registrar any certificate of title, subsidiary certificate of title or duplicate lease mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [8/2014]


document_id: lta-1993
provision_ref: s44
chapter: PART 4 - REGISTRATION
section: 44
title: Disposal of antecedent documents or instruments following creation of folio
content:
44. —(1) Upon creating a folio for any land under the provisions of this Act, or where, in the Registrar’s opinion, documents or instruments lodged with the Land Titles Registry need no longer be retained, the Registrar — ( a ) must return or deliver to the person from whom the Registrar received the documents or instruments or to any other person entitled thereto any documents or instruments lodged or deposited with the Registrar; and ( b ) may, in relation to the documents or instruments that are retained — (i) transfer them to the National Archives of Singapore to be preserved for historical purposes; or (ii) subject to subsection (2), dispose or destroy them after having them microfilmed or imaged. [8/2014] (2) The Registrar must not destroy any document or instrument unless with the authorisation of the National Library Board under section 17 of the National Library Board Act 1995. [25/2012; 8/2014]


document_id: lta-1993
provision_ref: s45
chapter: PART 5 - EFFECT OF REGISTRATION
section: 45
title: Instruments ineffectual until registered
content:
45. —(1) No instrument until registered as in this Act provided is effectual to pass any estate or interest in land under the provisions of this Act. (2) Upon registration of an instrument the estate or interest therein specified passes, or the land becomes liable as security for the payment of money (as the case may be), subject to the covenants and conditions set forth in the instrument and capable of taking effect, and subject to such covenants and conditions as are by law declared to be implied in instruments of a like nature. (3) Nothing in this section is to be construed as preventing any unregistered instrument from operating as a contract. (4) This section applies despite the provisions of any written law for the compulsory acquisition or other statutory vesting of land.


document_id: lta-1993
provision_ref: s46
chapter: PART 5 - EFFECT OF REGISTRATION
section: 46
title: Estate of proprietor paramount
content:
46. —(1) Despite — ( a ) the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority; and ( b ) any failure to observe the procedural requirements of this Act, any person who becomes the proprietor of registered land, whether or not that person dealt with a proprietor, and despite any lack of good faith on the part of the person through whom that person claims, holds that land free from all encumbrances, liens, estates and interests except such as may be registered or notified in the land‑register, but subject to — ( c ) any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State title thereof; ( d ) any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any right on, above or under any land created before or after 1 March 1994 in favour of a public authority under any statute and any statutory easement implied under sections 98, 99, 101, 102 and 104 and section 10 of the State Lands Act 1920; ( e ) any statutory obligation as defined in section 142; ( f ) the power to correct errors conferred on the Registrar by section 159; ( g ) the power to rectify the land-register conferred upon the court by section 160; ( h ) the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, being a tenancy the term of which does not exceed 7 years and could not have been extended by exercise of the option of renewal to exceed an aggregate of 7 years; and ( i ) the power conferred on the court to make a declaration in respect of any transfer or an order to rectify the land‑register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any related instrument by section 24 of the Residential Property Act 1976 in respect of any residential property (the expressions “transfer” and “residential property” having the meanings given by that Act). [8/2014; 11/2015] (2) Nothing in this section shall be held to prejudice the rights and remedies of any person — ( a ) to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or that proprietor’s agent was a party or in which that proprietor or that proprietor’s agent colluded; ( b ) to enforce against a proprietor any contract to which that proprietor was a party; ( c ) to enforce against a proprietor who is a trustee the provisions of the trust; ( d ) to recover from a proprietor land acquired by him or her from a person under a legal disability which was known to the proprietor at the time of dealing; or ( e ) to recover from a proprietor land which has been unlawfully acquired by him or her in purported exercise of a statutory power or authority. (3) Nothing in this section confers on a proprietor claiming otherwise than as a purchaser any better title than was held by the proprietor’s immediate predecessor. (4) For the purposes of subsection (1), “public authority” includes any corporation sole or body corporate incorporated under any written law.


document_id: lta-1993
provision_ref: s47
chapter: PART 5 - EFFECT OF REGISTRATION
section: 47
title: Exoneration from effect of notice
content:
47. —(1) Except in the case of fraud, any person dealing with a proprietor or with a person who is entitled to become a proprietor is not required and need not in any manner be concerned — ( a ) to inquire or ascertain the circumstances in or the consideration for which the current proprietor or any previous proprietor is or was registered; ( b ) to see to the application of the purchase money or any part thereof; or ( c ) to be affected by notice (actual or constructive) of any trust or other unregistered interest, despite any rule of law or equity to the contrary. (2) For the purpose of subsection (1), the knowledge that any unregistered interest is in existence is not of itself imputed as fraud. (3) The protection afforded by this section commences at the date of the contract or other instrument evidencing such dealing. (4) Section 15(2) and (3) of the Trustees Act 1967 does not apply to any dealing by a proprietor of registered land.


document_id: lta-1993
provision_ref: s48
chapter: PART 5 - EFFECT OF REGISTRATION
section: 48
title: Priority determined by order of registration
content:
48. —(1) Except as provided in subsection (2) and section 27(6), interests appearing in the land‑register have priority according to the order of their registration or notification, irrespective of the dates of the instruments by which those interests were created or are evidenced. (2) Where an instrument was materially amended for compliance with the Registrar’s requirements, the priority of that instrument is determined by reference to the date of its rectification and acceptance as being in order for registration in the Land Titles Registry. (3) Interests notified on the folio may include mortgages, charges (including statutory charges) and leases registered in the Registry of Deeds. [8/2014] (4) Any interest registered or notified in the land‑register may, by an instrument of postponement in the approved form, be postponed to any other interest so registered or notified. (5) Upon registration of an instrument of postponement, the interests of the parties concerned rank in priority in the order therein expressed except that no person holding any registered or notified interest is bound by such postponement unless the person is a party or has consented thereto. (6) An instrument of postponement may relate to the whole or any part of the land affected by the interest postponed.


document_id: lta-1993
provision_ref: s49
chapter: PART 5 - EFFECT OF REGISTRATION
section: 49
title: Priority of unregistered interests
content:
49. —(1) Except in the case of fraud, the entry of a caveat protecting an unregistered interest in land under the provisions of this Act gives that interest priority over any other unregistered interest not so protected at the time when the caveat was entered. (2) Knowledge of the existence of an unregistered interest which has not been protected by a caveat is not of itself imputed as fraud. (3) For the purposes of this section, the lodgment of an instrument for registration under the provisions of this Act has the same effect as the entry, on the date of such lodgment, of a caveat protecting the interest claimed under that instrument. (4) Nothing in this section otherwise gives to any unregistered interest any greater effect than it may have under the instrument by which it was created. (5) Any priority conferred by this section on an unregistered interest is lost if the caveat or other instrument in respect of which it is claimed lapses, or is withdrawn, or is otherwise disposed of. Division 2 &#x2014; No title by adverse possession


document_id: lta-1993
provision_ref: s50
chapter: PART 5 - EFFECT OF REGISTRATION
section: 50
title: No title by adverse possession
content:
50. Except as provided in section 174(7) and (8), no title to land adverse to or in derogation of the title of a proprietor of registered land is acquired by any length of possession by virtue of the Limitation Act 1959 or otherwise, nor is the title of any proprietor of registered land extinguished by the operation of that Act.


document_id: lta-1993
provision_ref: s51
chapter: PART 6 - INSTRUMENTS
section: 51
title: Approved forms
content:
51. —(1) The forms from time to time approved by the Registrar must be used for all instruments intended to affect registered land. (2) The Registrar may register any instrument containing departures from an approved form and the instrument is deemed to be in a form approved by the Registrar.


document_id: lta-1993
provision_ref: s51A
chapter: PART 6 - INSTRUMENTS
section: 51A
title: Lodgment of instrument in electronic form
content:
51A. —(1) Subject to this section, an instrument may be lodged in such electronic form as may be approved by the Registrar. (2) A person must not lodge an instrument in electronic form unless the person is authorised by the Registrar to do so. (3) Every instrument lodged in electronic form under this section must be completed in such manner as may be required by the Registrar. (4) Where an instrument is lodged in electronic form under this section — ( a ) it is the duty of the person who certifies the correctness of the instrument under section 59 to ensure that all particulars entered therein are complete and accurate; and ( b ) the Registrar need not be concerned to inquire into the completeness or accuracy of the particulars as entered in the instrument and must, on acceptance of the instrument so lodged, register the instrument in accordance with those particulars.


document_id: lta-1993
provision_ref: s52
chapter: PART 6 - INSTRUMENTS
section: 52
title: Registration of mortgage, charge or lease
content:
52. —(1) Every mortgage, charge or lease presented for registration need not be lodged in duplicate except for a lease to be comprised in a manual folio. (2) Upon registration of any mortgage, charge or lease, the Registrar must enter a statement on the mortgage, charge or lease to the effect that it has been registered and, where such instrument is accompanied by a certificate of title, or lease the Registrar must — ( a ) in the case of a manual folio or lease — endorse a memorial of the date of registration of the mortgage, charge, or lease on the certificate of title or lease, and deliver the duplicate certificate of title or duplicate lease to the person entitled to the custody thereof; and ( b ) in the case of a computer folio — issue a new edition of the certificate of title showing the relevant entry of the memorial of registration of the mortgage, charge or lease and deliver a print-out of the certificate of title with such entry to the person entitled to the custody thereof. (3) In the absence of any express agreement to the contrary, the mortgagee, chargee or lessee is entitled to the custody of the certificate of title or duplicate lease.


document_id: lta-1993
provision_ref: s53
chapter: PART 6 - INSTRUMENTS
section: 53
title: Manner of holding by co-owners
content:
53. —(1) In every instrument affecting registered land, co‑tenants claiming under the instrument hold the land as joint tenants unless they are described as tenants‑in‑common; and if they are described as tenants‑in‑common, the shares in the registered land to be held by them must, subject to subsection (2), be specified in the instrument. (2) Persons described as tenants-in-common are, in the absence of any expression to the contrary, presumed to be entitled in equal shares. (3) Tenants-in-common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by an instrument of declaration in the approved form that they hold the estate or interest in their respective shares in the registered land as joint tenants of the entire estate or interest thereof. (4) Upon the registration of an instrument of declaration referred to in subsection (3) — ( a ) where all the tenants-in-common of the entire estate or interest in the registered land are the declarants — the estate or interest which they held in their respective shares as tenants‑in‑common immediately before such registration vests in them as joint tenants; or ( b ) where not all the tenants-in-common of the entire estate or interest in the registered land are the declarants — (i) the estate or interest which the declarants held in their respective shares as tenants‑in‑common immediately before such registration vests in the declarants as joint tenants; and (ii) the declarants and the other tenants‑in‑common continue to hold their estate or interest in their respective shares as tenants‑in‑common in accordance with subsections (1) and (2). (5) Without prejudice to any rule or principle of law relating to severance of a joint tenancy, any joint tenant may sever a joint tenancy of an estate or interest in registered land by an instrument of declaration in the approved form and by serving a copy of the instrument of declaration personally or by registered post on the other joint tenants. (6) Upon the registration of the instrument of declaration which has been duly served as required by subsection (5), the respective registered estates and interests in the registered land are held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant is deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the registered land as tenants‑in‑common in equal shares prior to the severance. [8/2014] (7) Where a joint tenant holds an estate or interest in registered land on trust, the severance of the joint tenancy does not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust. (8) Where an application to register an instrument of declaration is made under this section, the Registrar may dispense with production of the document of title on such terms as the Registrar thinks fit and register the instrument if the Registrar is satisfied that the applicant is unable to produce the document of title on the basis that the applicant is unable to procure it despite the applicant’s best efforts.


document_id: lta-1993
provision_ref: s54
chapter: PART 6 - INSTRUMENTS
section: 54
title: Description of land
content:
54. —(1) Every instrument lodged for registration must refer to the folio and the lot intended to be dealt with. (2) Subject to section 54A, where a dealing referred to in an instrument affects part of any land comprised in a folio and such dealing does not contravene the provisions of the Planning Act 1998 or require the allocation of a new survey lot number by the Chief Surveyor for that part of the land, the instrument lodged for registration must be accompanied by a plan which will enable the land to be identified with certainty.


document_id: lta-1993
provision_ref: s54A
chapter: PART 6 - INSTRUMENTS
section: 54A
title: Obtaining of lot or strata lot number
content:
54A. —(1) Where a proprietor intends to sell part of a parcel of any land or part of a building, the proprietor must, after obtaining the approval of the relevant authority and before entering into a sale and purchase agreement for such part, either — ( a ) obtain from the Chief Surveyor a lot or strata lot number for the proposed part; or ( b ) deposit with the Registrar a schedule and plan of the proposed subdivision of the parcel or building showing the new property addresses. (2) Despite section 165, the Registrar must refuse to accept any caveat or charge or such other instrument for lodgment unless the proprietor has complied with subsection (1).


document_id: lta-1993
provision_ref: s55
chapter: PART 6 - INSTRUMENTS
section: 55
title: Memorandum of prior encumbrances
content:
55. —(1) Instruments intended to dispose of or to create any interest in registered land must contain in a memorandum of prior encumbrances a brief description of any interest affecting that land which has been registered or notified in the land‑register. (2) Failure to comply with subsection (1) does not prevent registration of the instrument unless, in the Registrar’s opinion, completion of the memorandum is necessary to indicate the order of registration of 2 or more instruments. (3) Any error in or omission from the memorandum of prior encumbrances does not operate to invalidate the registration of an instrument.


document_id: lta-1993
provision_ref: s56
chapter: PART 6 - INSTRUMENTS
section: 56
title: Proprietor must execute instrument
content:
56. —(1) Except as provided in subsection (2), every instrument purporting to dispose of or to create an interest in registered land must be executed by the proprietor or proprietors thereof named in the land‑register at the time of registration of the instrument. (2) This section does not prevent the registration of any instrument executed by — ( a ) the survivor or survivors of joint proprietors; ( b ) the personal representative of a deceased proprietor in severalty; ( c ) the attorney or other agent authorised in accordance with Part 16; ( d ) the sheriff or other officer of a court acting under a writ, order or decree of a court; ( e ) the proprietor under the proprietor’s lawfully altered name where such name is different from that registered in the land-register; or ( f ) any person empowered in that behalf, directly or indirectly, by this Act or any other written law or by an order of court. [8/2014] (3) Before registering any instrument executed by a person other than the proprietor named in the land-register, the Registrar may require production of the instrument, authority or evidence empowering or enabling that person to execute.


document_id: lta-1993
provision_ref: s57
chapter: PART 6 - INSTRUMENTS
section: 57
title: Attestation and proof of execution
content:
57. —(1) Subject to subsection (3), the Registrar must accept as proof of due execution of an instrument intended for registration under this Act if the instrument is presented in the following manner: ( a ) where a person, other than a party to the instrument, attests the instrument; or ( b ) where the execution by a party is not apparently attested, the solicitor has signed the certificate of correctness mentioned in section 59, and — (i) where such instrument is executed in Singapore — the Registrar must presume that it has been duly executed in the presence of the solicitor who has signed the certificate of correctness; or (ii) where such instrument is executed outside Singapore — the Registrar must presume that the solicitor who signed the certificate of correctness is satisfied that the execution of that instrument has been attested. (2) The Registrar may, in any case in which he or she has reason to suspect impropriety or where the instrument is executed by a marksman or by a person who appears to be illiterate, require any of the parties to the instrument or that party’s respective witness to appear before the Registrar or before any person nominated by the Registrar for the purpose of proving the due execution of the instrument. (3) The Registrar may dispense with proof of due execution of an instrument intended for registration under this Act for any of the following purposes: ( a ) for the entry, extension or withdrawal of a caveat; ( b ) for the registration of — (i) an enforcement order or an order of court; or [Act 25 of 2021 wef 01/04/2022] (ii) the withdrawal of an enforcement order or an order of court; [Act 25 of 2021 wef 01/04/2022] ( c ) for the cancellation of an enforcement order or order of court; [Act 25 of 2021 wef 01/04/2022] ( d ) for such other purpose as may be prescribed. [8/2014]


document_id: lta-1993
provision_ref: s58
chapter: PART 6 - INSTRUMENTS
section: 58
title: Execution of instruments by corporations, etc.
content:
58. —(1) Subject to subsection (4), in favour of purchasers, an instrument dealing with registered land is deemed to have been duly executed by a corporation or a limited liability partnership if the seal of the corporation or limited liability partnership is affixed thereto in the presence of and attested by — ( a ) in the case of the corporation (other than a limited liability partnership) — its secretary or other permanent officer, and a member of its board of directors, council or other governing body; or ( b ) in the case of the limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership. [8/2014] (2) Where a seal purporting to be the seal of a corporation or a limited liability partnership appears to have been affixed to an instrument in accordance with subsection (1), the instrument is deemed to have been executed in accordance with the requirements of this section. [8/2014] (3) Any mode of execution or attestation authorised by law or by practice or by the written law, charter, memorandum or articles, deed of settlement or other instrument constituting the corporation or the limited liability partnership or regulating the affairs thereof is, in addition to the modes authorised by this section, effectual as if this section had not been enacted. [8/2014] (4) Where an instrument dealing with land (whether registered or unregistered) is an electronic instrument, it is deemed to have been duly executed by a corporation or a limited liability partnership aggregate if it is executed in such manner and form as may be approved by the Registrar. [8/2014]


document_id: lta-1993
provision_ref: s59
chapter: PART 6 - INSTRUMENTS
section: 59
title: Certificate of correctness
content:
59. —(1) The Registrar may reject any application to bring land under the provisions of this Act, or any other instrument purporting to deal with or to affect land (whether registered or unregistered), unless there is endorsed thereon a certificate by the parties to the instrument that it is correct for the purposes of this Act. (2) The certificate by any party to the instrument implies representations that to the best of the signatory’s knowledge and belief and insofar as he or she has any reasonable means of ascertaining — ( a ) the instrument is made in good faith; ( b ) the matters set forth therein are substantially correct; and ( c ) in the case of — (i) a person acquiring title — the person acquiring title thereunder accepts proprietorship and (unless otherwise expressed in the instrument) is of full age and legal capacity; or (ii) a person divesting title — the person divesting title thereunder is the party entitled to divest the interest under the instrument and is of full age and legal capacity. (3) Where — ( a ) a solicitor has been employed by a party to the instrument — the certificate mentioned in subsection (2) must be signed by the solicitor; or ( b ) a solicitor has not been employed by a party to the instrument — the party himself or herself must sign the certificate mentioned in subsection (2) and if the party is a corporation or limited liability partnership, the certificate must be signed by a responsible officer of the corporation or limited liability partnership, as the case may be. [8/2014] (3A) Where any instrument is executed by an attorney (within the meaning of Part 16) for a party to the instrument, the certificate by the attorney implies representations that, to the best of the belief of the attorney or (as the case may be) the solicitor employed, the attorney has the authority to act as the agent for and on behalf of the party in respect of that instrument. (4) Each certificate must indicate in legible characters — ( a ) the name and capacity of the signatory; and ( b ) where it is signed by a solicitor employed by the party to the instrument, the solicitor holds a practising certificate which is in force as at the date of the instrument. (5) Where the certificate is signed by any party (including a solicitor who is a party acquiring or divesting title under the instrument), or by a responsible officer of any corporation or limited liability partnership, divesting or acquiring title, the Registrar may require the person to appear before the Registrar and to furnish satisfactory evidence as to the person’s identity, capacity and authority. [8/2014] (6) Any person who falsely certifies to the correctness of any instrument or caveat shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and such penalty does not prevent a person who may have sustained any damage or loss in consequence of errors or mistakes in any such certified instrument or caveat from recovering damages against the person who has certified the same. [8/2014] (7) In any instrument which is registered under the provisions of this Act, any reference to “Certificate of Correctness” is to be construed as a reference to a certificate of correctness given under this section or any corresponding provision in any repealed enactment. (8) In this section — “responsible officer” means — ( a ) in the case of a corporation (other than a limited liability partnership) — its secretary or other permanent officer, or a member of its board of directors, council or other governing body; or ( b ) in the case of a limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership; “solicitor” means a solicitor who has in force a practising certificate issued under the Legal Profession Act 1966. [8/2014]


document_id: lta-1993
provision_ref: s60
chapter: PART 6 - INSTRUMENTS
section: 60
title: Address for service of notices
content:
60. —(1) Every instrument by which a person becomes a proprietor of registered land and every caveat relating to dealings with land (whether registered or unregistered) must contain an address within Singapore to which may be sent any notice concerning the land authorised or required by this Act. (2) The proprietor or caveator may from time to time notify the Registrar in writing of any change of the proprietor’s or caveator’s address in such prescribed manner, and the Registrar must make an appropriate record of the change. (3) Section 72 of the Conveyancing and Law of Property Act 1886 does not apply to the service on a proprietor or on a caveator of any notice authorised or required by this Act.


document_id: lta-1993
provision_ref: s60A
chapter: PART 6 - INSTRUMENTS
section: 60A
title: Service of notices, etc.
content:
60A. —(1) Unless otherwise expressly provided in this Act, a notice that is required or authorised by this Act to be given to or served on a person may be given to or served on that person — ( a ) by posting it or sending it by fax to that person’s address for service (within the meaning of this section) or to that person’s last known place of residence or business in Singapore; ( b ) by leaving it at that person’s address for service (within the meaning of this section) or at that person’s last known place of residence or business in Singapore; or ( c ) by publishing a copy of the notice in one or more local daily newspapers circulating in Singapore. [8/2014] (2) The address of a person, specified in — ( a ) any instrument by which that person becomes a registered proprietor; or ( b ) any caveat lodged by or on behalf of that person, may be regarded as that person’s address for service. (3) On being notified through any prescribed method or in writing by a registered proprietor or a caveator of any change of the registered proprietor’s or caveator’s address for service or place of residence or business in Singapore, the Registrar must make an appropriate record of the change of address. [8/2014] (4) Where any notice or other document is — ( a ) sent by fax in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed where there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the address for service or place of residence or business in Singapore, as the case may be; ( b ) 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 notice or document was posted, even if it is returned undelivered; or ( c ) served by publishing a copy of it in one or more local daily newspapers circulating in Singapore, it is deemed to have been duly served on the person to whom it is addressed on the day of the last publication. [8/2014] (5) This section does not apply to notices and documents to be served in proceedings in court.


document_id: lta-1993
provision_ref: s61
chapter: PART 6 - INSTRUMENTS
section: 61
title: Instruments to take effect as deeds
content:
61. —(1) Upon registration, any instrument disposing of or creating an interest in registered land has the effect of a deed. (2) Nothing in this Act prevents a party to an instrument affixing the party’s seal thereto or giving to the instrument any additional form of solemnity not inconsistent with the provisions of this Act.


document_id: lta-1993
provision_ref: s62
chapter: PART 6 - INSTRUMENTS
section: 62
title: Covenants in instruments: Words of succession implied
content:
62. —(1) In instruments registered under the provisions of this Act, unless a contrary intention is expressed, covenants relating to land are deemed to be made by the covenantor and the covenantor’s successors in title with the covenantee and the covenantee’s successors in title and have effect as if such successors were expressly referred to therein. (2) Nothing in this section enlarges or extends the power of a covenantor to burden land in the hands of the covenantor’s successors in title.


document_id: lta-1993
provision_ref: s63
chapter: PART 7 - TRANSFERS
section: 63
title: Form and effect of transfers
content:
63. —(1) The proprietor of an estate in land, or of a lease, mortgage or charge, may transfer the same by an instrument of transfer in the approved form, and upon the registration of such instrument the estate or interest of the transferor as therein set forth, together with all easements, rights and powers belonging or appertaining thereto, pass to and are vested in the transferee thereof as proprietor. (2) On the registration of any transfer of a mortgage or charge, the transferee becomes entitled to all of the rights, powers and remedies of the mortgagee or chargee expressed or implied in the mortgage or charge, including the right to recover any debt, sum of money, annuity or damages (even though the same may be deemed or held to constitute a chose in action), and all interest in any such debt, sum of money, annuity or damages vests at law as well as in equity in that person.


document_id: lta-1993
provision_ref: s64
chapter: PART 7 - TRANSFERS
section: 64
title: Transfers of land subject to mortgage or charge
content:
64. —(1) On the registration of a transfer of land subject to a mortgage or charge, and whether the transfer is executed by the transferee or not, there is implied a covenant by the transferee to — ( a ) pay the moneys and to perform the obligations secured by the mortgage or charge; ( b ) perform and observe the covenants and provisions thereof; and ( c ) indemnify and keep harmless the mortgagor or chargor in respect of those moneys, obligations, covenants and provisions. (2) The covenant implied by this section may be negatived by an express statement in the transfer.


document_id: lta-1993
provision_ref: s65
chapter: PART 7 - TRANSFERS
section: 65
title: Estates for life and in remainder
content:
65. —(1) Registered land may be transferred for an estate for a life or lives (either with or without a power of appointment over the reversion or remainder), or for an estate in remainder expectant upon the determination of a life or lives, by an instrument of transfer in the approved form, modified as the circumstances may require. (2) Upon the registration of such a transfer, the Registrar must create a folio for the particular estate, or for the estate in reversion or remainder, or for both, as the transferee may require.


document_id: lta-1993
provision_ref: s66
chapter: PART 7 - TRANSFERS
section: 66
title: Merger of contract in transfer
content:
66. All obligations created by a contract for the sale of registered land are, upon registration of the transfer giving effect to the contract, deemed to have merged in that transfer unless express provision in writing is made to the contrary.


document_id: lta-1993
provision_ref: s67
chapter: PART 7 - TRANSFERS
section: 67
title: Merger of registered interests
content:
67. Where upon the registration of a transfer or other instrument the interests of — ( a ) lessor and lessee; ( b ) mortgagor and mortgagee; or ( c ) chargor and chargee, vest in the same proprietor, any intention to merge those interests must be evidenced by a surrender of lease, or by a discharge of mortgage or of charge, as the case may be.


document_id: lta-1993
provision_ref: s68
chapter: PART 8 - MORTGAGES AND CHARGES
section: 68
title: Form and effect of mortgages and charges
content:
68. —(1) Registered land may be mortgaged to secure payment of a debt by an instrument of mortgage in the approved form. (2) Registered land may be charged to secure payment of a rentcharge, annuity or other periodical sum, or of any money other than a debt, by an instrument of charge in the approved form. (3) A mortgage does not operate as a transfer of the land mortgaged, but has effect as a security only. (4) There may be included in an instrument of charge such covenants or provisions as the parties think fit for disposing of the moneys which may arise on the exercise by the chargee of the chargee’s power of sale, either by setting aside the proceeds of sale or part thereof on investment to meet future periodical payments, or by payment to the chargee of such proceeds or part thereof being the estimated capital value of the chargee’s interest, or otherwise.


document_id: lta-1993
provision_ref: s69
chapter: PART 8 - MORTGAGES AND CHARGES
section: 69
title: Application of Conveyancing and Law of Property Act 1886
content:
69. —(1) The provisions of Part 4 of the Conveyancing and Law of Property Act 1886 apply, with the necessary modifications, to mortgages and charges registered under the provisions of this Act. (2) In every mortgage of registered land (unless a contrary intention is expressed), there is deemed to be included the covenant and proviso implied by section 31 of the Conveyancing and Law of Property Act 1886. (3) For the purposes of this section, and without in any way limiting its generality, unless the context or subject matter otherwise indicates or requires, where used in the Conveyancing and Law of Property Act 1886 — “conveyance” includes an instrument of transfer of registered land; “deed” includes any instrument registered under this Act; “mortgage” includes a mortgage or a charge registered under this Act, and “mortgagor” and “mortgagee” have corresponding meanings; “reconveyance” includes a discharge in the approved form. (4) To the extent to which any provision of the Conveyancing and Law of Property Act 1886 is inconsistent with any provision of this Act, the provisions of this Act prevail.


document_id: lta-1993
provision_ref: s70
chapter: PART 8 - MORTGAGES AND CHARGES
section: 70
title: Standard covenants and conditions applicable to mortgages
content:
70. Where the Authority, with the approval of the Minister, has under section 172 made rules to prescribe standard covenants and conditions which are to apply to mortgages, the prescribed covenants and conditions are from the date of operation of the relevant rule deemed incorporated in mortgages made on or after that date unless varied or negatived by express provision in the mortgage.


document_id: lta-1993
provision_ref: s71
chapter: PART 8 - MORTGAGES AND CHARGES
section: 71
title: Submortgages
content:
71. —(1) In this section, “submortgage” means the mortgage of a mortgage and the mortgage of a charge. (2) Upon the registration of a submortgage, all acts, powers and rights which might previously have been done or exercised by the mortgagor or chargor thereunder in relation to the land may thereafter be done or exercised by the registered proprietor of the submortgage, and must not be done or exercised by the mortgagor or chargor thereunder during the currency of the submortgage. (3) A submortgage does not affect the rights or liabilities of a proprietor of the land who has not been given notice thereof.


document_id: lta-1993
provision_ref: s72
chapter: PART 8 - MORTGAGES AND CHARGES
section: 72
title: Custody of documents of title
content:
72. A first mortgagee is, as between the mortgagee and the mortgagor, entitled to custody of the documents of title to the mortgaged land so long as any liability under the mortgage subsists, but upon a request by the mortgagor, and upon payment of the mortgagee’s proper costs and expenses, the mortgagee must produce such documents of title at the Land Titles Registry to allow the registration of any subsequent mortgage which is not prohibited by the terms of the prior mortgage, or of any other authorised dealing by the mortgagor. [8/2014]


document_id: lta-1993
provision_ref: s73
chapter: PART 8 - MORTGAGES AND CHARGES
section: 73
title: Transfers made in exercise of power of sale
content:
73. —(1) The Registrar must register in the manner prescribed by section 37 any transfer in the approved form by a mortgagee or chargee made in exercise of a power of sale, without being concerned to inquire whether default has occurred, or whether notice has been given, or whether the power was otherwise properly or regularly exercised. (2) Upon registration of such a transfer, the interest of the mortgagor or chargor as described therein passes to and vests in the transferee freed and discharged from all liability on account of — ( a ) that mortgage or charge; ( b ) any mortgage or charge registered subsequent thereto; ( c ) any lease registered subsequent to the mortgage or charge mentioned in paragraph ( a ) and which is not binding on the transferor; and ( d ) any interest which is registered or notified subsequent to the mortgage or charge mentioned in paragraph ( a ) (including any interest claimed under a caveat) and which is not binding on the transferor.


document_id: lta-1993
provision_ref: s74
chapter: PART 8 - MORTGAGES AND CHARGES
section: 74
title: Application of proceeds of sale
content:
74. —(1) The money received by a mortgagee who has exercised the mortgagee’s power of sale, after discharge of prior encumbrances to which the sale is not made subject (if any), or after payment into court under the Conveyancing and Law of Property Act 1886 of a sum to meet any prior encumbrances, must be held by the mortgagee on trust to be applied — ( a ) firstly, in payment of all costs and expenses properly incurred as incidental to the sale or any attempted sale, or otherwise; ( b ) secondly, in discharge of the mortgage money, interest and costs, other money and liability (if any) secured by the mortgage; and ( c ) thirdly, in payment of subsequent mortgages and charges (if any) in the order of their priority, and the residue of the money so received must be paid to the person who appears from the land‑register to be entitled to the mortgaged property or to be authorised to give receipts for the proceeds of the sale thereof. (2) The money received by a chargee who has exercised the chargee’s power of sale, after discharge of prior encumbrances to which the sale is not made subject (if any), must be held by the chargee on trust to be applied — ( a ) firstly, in payment of all costs and expenses properly incurred by the chargee as incident to the sale or any attempted sale, or otherwise; ( b ) secondly, in accordance with any express provision in the instrument of charge (as authorised by section 68(4)) for disposing of such money and, in the absence of any express provision, in discharge of the money due to the chargee at the date of the sale; and ( c ) thirdly, in payment of subsequent mortgages and charges (if any) in the order of their priority, and the residue of the money so received must be paid to the person who appears from the land‑register to be entitled to the charged property or to be authorised to give receipts for the proceeds of the sale thereof. (3) Where by this section a mortgagee or chargee is required to account to a subsequent chargee for money arising on a sale, such money must be paid or applied in accordance with the express provision (if any) in the instrument of charge for disposing of such money, and, in the absence of express provision, in discharge of the money due to the chargee at the date of the sale.


document_id: lta-1993
provision_ref: s75
chapter: PART 8 - MORTGAGES AND CHARGES
section: 75
title: Entry into possession
content:
75. —(1) If default is made in payment of the interest, principal or other money, secured by a mortgage or charge, or in payment of any part thereof, the mortgagee or chargee is, as against the mortgagor or chargor and those claiming through or under the mortgagor or chargor, entitled to enter into possession of the mortgaged or charged land and to receive the rents and profits thereof. (2) The power of entry into possession conferred by this section must not be exercised until one month’s notice has been given to the mortgagor or chargor. (3) Subject to this section, a mortgagee or chargee has the like remedies for obtaining possession of the mortgaged or charged land as are by law given to a landlord against a lessee or tenant whose term is expired or whose rent is in arrear. (4) Where a mortgagee or chargee has given notice of the mortgagee’s or chargee’s intention to enter into receipt of the rents and profits of the mortgaged or charged land to the tenant or other person liable to pay or account for them, the receipt in writing of the mortgagee or chargee is sufficient discharge for any rents and profits therein expressed to be received, and any person paying them is not bound and need not be concerned to inquire as to any default or other circumstance affecting the right of the mortgagee or chargee to give such notice beyond the fact of the mortgagee or chargee being duly registered as mortgagee or chargee of the land.


document_id: lta-1993
provision_ref: s76
chapter: PART 8 - MORTGAGES AND CHARGES
section: 76
title: Foreclosure of mortgages
content:
76. —(1) In the interpretation of any law relating to foreclosure of mortgage, unless repugnant to the context — ( a ) a mortgagor of registered land who is in default is deemed to have an equity of redemption; and ( b ) a mortgagee of registered land has the same right to apply to the court for an order for foreclosure as if the land were not under the provisions of this Act and the mortgagee held a legal estate therein. (2) Where the court has made an order for foreclosure upon an application made by a mortgagee of registered land, the mortgagee in whose favour the foreclosure order is made must lodge an application in the approved form together with a duly certified copy of the court order with the Registrar for the purpose of registering the court order under this Part. [8/2014] (3) The Registrar upon being satisfied that the court order is in order for registration must register the order by entering a memorial of the court order in the relevant folio. (4) The court order when so entered in the land‑register has the effect of vesting in the applicant mortgagee all the estate and interest of the mortgagor in the land referred to in the court order freed from all right and equity of redemption on the part of the mortgagor, and freed and discharged from all liability on account of any mortgage, charge or other interest, registered subsequently thereto except such leases or other interests as may be binding on the applicant mortgagee.


document_id: lta-1993
provision_ref: s77
chapter: PART 8 - MORTGAGES AND CHARGES
section: 77
title: Right to discharge
content:
77. —(1) Upon fulfilling the obligations under a registered mortgage or charge, a mortgagor or chargor is entitled, subject to section 22 of the Conveyancing and Law of Property Act 1886, to obtain from the mortgagee or chargee a registrable discharge. [8/2014] (2) A mortgagor or chargor is not bound to account to any person who has acquired an interest in the mortgage or charge unless the transfer or other instrument whereby that person became entitled has been registered and the mortgagor or chargor has been notified in writing of its registration. (3) For the purpose of enforcing the right to obtain a discharge conferred by this section, the mortgagor is deemed to have an equity of redemption.


document_id: lta-1993
provision_ref: s78
chapter: PART 8 - MORTGAGES AND CHARGES
section: 78
title: Discharge of mortgages and charges
content:
78. —(1) The parties may agree to the discharge of — ( a ) the whole of the mortgaged or charged land from a specified part of the principal sum or other money thereby secured; ( b ) a part of the mortgaged or charged land from the whole of the principal sum or other money thereby secured; or ( c ) the whole of the mortgaged or charged land from the whole of the principal sum or other money thereby secured, but without discharging the mortgagor or chargor from any personal obligation to pay that money. (2) A discharge of mortgage or charge in an approved form must be registered by entering a memorial thereof on the relevant folio whereupon the land is freed from the mortgage or charge and from all rights and powers of the mortgagee or chargee, either absolutely or to any lesser extent as expressed in the discharge. (3) Where a discharge was executed as a separate instrument in respect of a mortgage registered prior to 1 March 1994, the Registrar shall dispense with the production of the duplicate of the relevant mortgage.


document_id: lta-1993
provision_ref: s79
chapter: PART 8 - MORTGAGES AND CHARGES
section: 79
title: Satisfaction of charges
content:
79. —(1) Upon — ( a ) proof of the death of the annuitant, or of the occurrence of any other event or circumstance upon which the annuity or other money secured by a charge ceases to be payable; and ( b ) lodgment of an application in the approved form with the Registrar for the entry in the relevant folio of a notification of satisfaction of the charge, the Registrar must, upon being satisfied that there are no substantial arrears of the annuity or other money, enter in the land‑register a notification of satisfaction, and the land is thereupon freed from the charge and from all rights and powers of the chargee, but without discharging the chargor from personal liability for any money for the payment of which the chargor has omitted to account. (2) The Registrar may, in his or her discretion, accept a statutory declaration of the chargor, or other person having knowledge of the facts, in proof of the state of accounts between chargor and chargee. (3) The Registrar must not enter a notification of satisfaction of a charge under this section where the money unaccounted for exceeds the sum of $500. [8/2014]


document_id: lta-1993
provision_ref: s80
chapter: PART 8 - MORTGAGES AND CHARGES
section: 80
title: Tacking of further advances
content:
80. —(1) Despite any other provision of this Act, a prior mortgagee of registered land has the right to make further advances or give further credit or accommodation to rank in priority to subsequent mortgages — ( a ) if the prior mortgage expressly authorises the making of further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation; or ( b ) where the prior mortgage does not expressly authorise the making of such further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation, if the subsequent mortgagee agrees to such further advances being made or credit or other accommodation being given. (2) Except as provided in this section, the right to tack does not apply to mortgages of registered land. (3) In this section — “prior mortgage” includes a prior charge or a prior assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be; “prior mortgagee” includes a prior chargee or a prior assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat; “subsequent mortgage” includes a subsequent charge or a subsequent assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be; and “subsequent mortgagee” includes a subsequent chargee or a subsequent assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat. Division 2 &#x2014; Common law mortgages notified on land-register


document_id: lta-1993
provision_ref: s81
chapter: PART 8 - MORTGAGES AND CHARGES
section: 81
title: Application of this Division
content:
81. This Division applies to a mortgage which was registered under the Registration of Deeds Act 1988 before the mortgaged land was brought under the provisions of this Act and the mortgage is notified on the relevant folio created for the land when the land is brought under the provisions of this Act either before or after 1 March 1994.


document_id: lta-1993
provision_ref: s82
chapter: PART 8 - MORTGAGES AND CHARGES
section: 82
title: Application of sections 71 to 75 and 78 to 80
content:
82. Sections 71 to 75 and 78 to 80 apply, with the necessary modifications, to a mortgage to which this Division applies.


document_id: lta-1993
provision_ref: s83
chapter: PART 8 - MORTGAGES AND CHARGES
section: 83
title: Mortgagee to execute transfer
content:
83. —(1) Where the mortgagee of a mortgage to which this Division applies has exercised the mortgagee’s power of sale, the mortgagee must execute a transfer in the approved form for the purpose of transferring all the estate and interest in the land to the purchaser. (2) Despite the provisions of the Registration of Deeds Act 1988, a conveyance of any land executed by a mortgagee of a mortgage to which this Division applies must not be registered under that Act.


document_id: lta-1993
provision_ref: s84
chapter: PART 8 - MORTGAGES AND CHARGES
section: 84
title: Discharge of a mortgage, etc., notified on land-register
content:
84. —(1) An instrument in respect of any future dealing with a mortgage to which this Division applies (including a reconveyance and a conveyance of the mortgagee’s estate or a submortgage), or pursuant to such a mortgage, must not be registered under the Registration of Deeds Act 1988 except in respect of any dealing which has been executed by any party to the relevant instrument prior to 1 March 1994. [8/2014] (2) Where the Registrar of Deeds has inadvertently accepted for registration any instrument for any dealing completed after 1 March 1994, the Registrar of Deeds may cancel the registration of the instrument after having given 21 days’ notice to the person who presented the instrument for registration unless in the case of any provisional registration of the instrument, the person has agreed to withdraw the instrument from registration.


document_id: lta-1993
provision_ref: s85
chapter: PART 8 - MORTGAGES AND CHARGES
section: 85
title: Foreclosure of mortgages notified on land-register
content:
85. —(1) Where before or after 1 March 1994, the court has made an order for foreclosure in respect of a mortgage to which this Division applies, the mortgagee in whose favour the foreclosure order is made must — ( a ) lodge an application in the approved form with the Registrar and not the Registrar of Deeds for the purpose of registering the court order; and ( b ) furnish the Registrar with a duly certified copy of the order. [8/2014] (2) The Registrar, upon being satisfied that the court order is in order for registration, must register the order by entering a memorial of the court order in the relevant folio. (3) A court order entered in the land-register under subsection (2) has the effect of vesting in the applicant mortgagee all the estate and interest of the mortgagor in the land referred to in the court order freed from all right and equity of redemption on the part of the mortgagor, and freed and discharged from all liability on account of any mortgage, charge or other interest registered subsequently thereto except such leases or other interests as may be binding on the applicant mortgagee. (4) The Registrar of Deeds may refuse to accept for registration a court order mentioned in subsection (1) and where the Registrar of Deeds has inadvertently accepted the order for registration, the Registrar of Deeds may cancel the registration of the order after having served 21 days’ notice on the person who presented the order for registration unless in the case of any provisional registration of the order, the person has agreed to withdraw the order from registration.


document_id: lta-1993
provision_ref: s86
chapter: PART 9 - LEASES
section: 86
title: Application of this Part
content:
86. —(1) In the interpretation of this Part, unless the context otherwise indicates or requires, “lease” includes a sublease; but nothing in this Part is to be taken to authorise the breach of a covenant against subletting. (2) Part 3 of the Conveyancing and Law of Property Act 1886 applies, with the necessary modifications, to leases of registered land; but this Part does not apply to leases of land made before that land has been brought under the provisions of this Act except where such leases are to be varied, surrendered or determined under sections 91 and 92. [8/2014] (3) Nothing in this Act affects any rule or principle of law relating to the quiet enjoyment of land by a lessee. (4) Where there are standard terms and conditions applicable to leases, those terms and conditions may be incorporated in a lease by express reference thereto and they will bind the respective lessor and lessee.


document_id: lta-1993
provision_ref: s87
chapter: PART 9 - LEASES
section: 87
title: Form and registration of leases
content:
87. —(1) Registered land may be leased for any term of years exceeding 7 years by an instrument of lease in the approved form. (2) The Registrar must not register any lease unless — ( a ) the term is expressed to exceed 7 years; ( b ) the date of commencement of the term and its maximum duration are certain; and ( c ) the lease purports to confer on the lessee exclusive possession of land. (3) For the purposes of this section — ( a ) the fact that the term of a lease may be extended pursuant to an option must be taken into consideration in determining whether the term of the lease exceeds 7 years; and ( b ) the fact that a lease for a specified period of time is determinable on the happening of an event within that time must not be taken into consideration in determining the term of the lease. (4) A lease is not unregistrable by reason only of the fact that the possession of the lessee is expressed to be non-continuous. (5) Nothing in this Part affects the law relating to tenancies for terms of 7 years or less.


document_id: lta-1993
provision_ref: s88
chapter: PART 9 - LEASES
section: 88
title: Options for renewal and for purchase
content:
88. —(1) Registration of a lease containing an option for renewal or for purchase does not give the option (whether in the form of a covenant or otherwise) any greater effect than it would have had without such registration. (2) The memorial of registration of a lease containing an option must refer to the option. (3) After the determination of a lease containing an option, and whether or not the determination has been registered or notified on the land‑register, a purchaser of land affected by the lease need not be concerned to inquire whether any unregistered interest has been created pursuant to the option. (4) In registering or notifying the determination of a lease containing an option, the Registrar need not be concerned to inquire whether the option has been exercised.


document_id: lta-1993
provision_ref: s89
chapter: PART 9 - LEASES
section: 89
title: Leases of mortgaged land
content:
89. —(1) A lease of registered land which is subject to a mortgage does not bind the mortgagee unless — ( a ) the lease is expressly or impliedly authorised, either by the mortgage or by law; or ( b ) the mortgagee consents to the lease. (2) This section does not entitle a mortgagee to refuse to produce the document of title (if in the mortgagee’s custody) to enable a lease by the mortgagor to be registered, but the production by a mortgagee of the document of title does not imply a consent to the lease. [8/2014] (3) When evidence is furnished to the Registrar that a mortgagee has consented to a lease by the mortgagor, the Registrar must refer to that consent in the memorial of registration of the lease. (4) This section applies, with the necessary modifications, to leases executed by chargors of registered land.


document_id: lta-1993
provision_ref: s90
chapter: PART 9 - LEASES
section: 90
title: Covenants against assigning and subletting
content:
90. The Registrar need not be concerned to consider whether or not any dealing by a lessee is made in breach of a covenant against assigning or subletting.


document_id: lta-1993
provision_ref: s91
chapter: PART 9 - LEASES
section: 91
title: Surrender of leases
content:
91. —(1) A lease of registered land may be surrendered — ( a ) by an instrument of surrender in the approved form; or ( b ) by operation of law. (2) A surrender must be registered by the entry of a memorial on the relevant folio. (3) Registration of the surrender (whether consequent upon merger or otherwise) of a lease which is subject to a sublease does not extinguish the sublease, but the Registrar must enter a memorial of registration of the sublease on the relevant folio, and the estate evidenced by that folio is, to the extent and for the purpose of preserving such incidents and obligations as would otherwise have subsisted, deemed to be the reversion expectant on the sublease. (4) An instrument of surrender must be executed by the lessee and by any mortgagee or chargee of the term and must be accepted by the proprietor and by any mortgagee or chargee of the reversion. (5) A proprietor seeking registration of a surrender by operation of law has to apply to the Registrar in the approved form and must support the application by such evidence as the Registrar may reasonably require. [8/2014]


document_id: lta-1993
provision_ref: s92
chapter: PART 9 - LEASES
section: 92
title: Determination of leases
content:
92. —(1) Where a lease has been determined — ( a ) by effluxion of time; ( b ) by the happening of an event upon which the lease is expressed to determine; or ( c ) by lawful re-entry and recovery of possession, the lessor may apply to the Registrar in the approved form to have a notification of the determination entered on the relevant folio. [8/2014] (2) An application under this section must be supported by evidence of the happening of the event or of the lawful re‑entry. (3) The Registrar may of his or her own motion enter a notification of the determination of a lease which has expired by effluxion of time.


document_id: lta-1993
provision_ref: s93
chapter: PART 9 - LEASES
section: 93
title: Implied powers of lessors
content:
93. —(1) In every lease of registered land made under this Act, there are implied the following powers in the lessor: ( a ) that the lessor or the lessor’s agents, may twice in every year during the term at a reasonable time of the day, upon giving the lessee 2 days’ previous notice, enter upon the leased premises and view the state of repair thereof, and may serve on the lessee a written notice of any defect, requiring the lessee within a reasonable time to repair the same in accordance with any covenant in that behalf expressed or implied in the lease; ( b ) that, in default of the lessee repairing any defect according to notice, the lessor may from time to time enter the premises and effect the required repairs; ( c ) that the lessor or the lessor’s agents, may at all reasonable times during the term, with workmen and others and all necessary materials and appliances, enter upon the leased premises or any part thereof for the purpose of complying with any written law affecting the premises and with any notices served on the lessor or the lessee by any public authority involving the carrying out of repairs or the doing of any work or other act which the lessee may not be bound, or, if bound, may neglect to do, and also for the purpose of exercising the powers and authorities of the lessor under the lease: Provided that such repairs, work or other acts are carried out or done without undue interference with the occupation and use of the premises by the lessee; ( d ) that where — (i) the rent or any part thereof is in arrear for the space of 30 days (although no formal demand therefor has been made); (ii) default is made in the fulfilment of any covenant, condition or stipulation, whether expressed or implied in the lease, and on the part of the lessee to be performed or observed, and such default is continued for the space of 30 days; or (iii) the repairs required by a notice under paragraph ( a ) are not completed within the time therein specified, the lessor may re-enter the leased premises (or on any part thereof in the name of the whole) and thereby determine the estate of the lessee therein, but without releasing the lessee from liability in respect of the breach or non‑observance of any such covenant, condition or stipulation. (2) The powers implied by this section may be varied or negatived by express provision in the lease. (3) This section must be read subject to any written law imposing restrictions or conditions on re‑entry or forfeiture or on ejectment of tenants. (4) Section 10 of the Conveyancing and Law of Property Act 1886 applies to a lease of registered land as if the powers implied by this section had been set forth or contained in the lease.


document_id: lta-1993
provision_ref: s94
chapter: PART 10 - EASEMENTS
section: 94
title: Interpretation of this Part
content:
94. —(1) In this Part, “dominant tenement” and “servient tenement” mean, respectively, the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement. (2) Nothing in this Act is to be construed as altering the law relating to the natural rights to support, light, air, water, or to access to a highway, nor as altering any rule or principle of law which implies in the grant of an easement such ancillary rights as may be necessary for the effective enjoyment of the easement.


document_id: lta-1993
provision_ref: s95
chapter: PART 10 - EASEMENTS
section: 95
title: Licences not to be registered
content:
95. —(1) The Registrar must not register as an easement any instrument purporting to create an interest — ( a ) of a kind which has not been recognised by law as an easement; or ( b ) which is not expressed to be appurtenant to land (whether registered land or otherwise) of a person other than the proprietor or owner of the site of the easement. (2) The Registrar must not notify any licence in the land‑register, but in any case where a licence relating to the use or enjoyment of land is by law binding on assigns of the licensor, the licensee thereunder is deemed to have an interest in the land for the purposes of section 115. (3) An inadvertent contravention of this section does not give to any interest a greater operation or effect than the interest would have had without registration or notification.


document_id: lta-1993
provision_ref: s96
chapter: PART 10 - EASEMENTS
section: 96
title: Easements for installations
content:
96. For the purposes of this Act, the fact that a right to lay or maintain pipes or other installations through the land of a proprietor confers on the person or authority entitled to that right the exclusive possession or occupation of the soil, or of the space occupied by the pipes or other installations, does not of itself prevent the right of passage of matter or energy through the pipes or other installations being registrable as an easement.


document_id: lta-1993
provision_ref: s97
chapter: PART 10 - EASEMENTS
section: 97
title: Registration necessary for creation of easements
content:
97. —(1) An easement is not acquired over registered land by long‑continued user adverse to a proprietor, nor by prescription, nor by any presumption of a lost grant, nor by any implication of law except as may be provided in this Act or section 10 of the State Lands Act 1920; but where an easement is intended to be created, the proprietor may execute an instrument of grant in the approved form, or, if the easement is being created incidentally to a transfer or lease, by appropriate words in the transfer or lease. [11/2015] (2) An instrument of transfer which reserves out of the land transferred an easement appurtenant to other land of the transferor is, upon registration, effective as a regrant of the easement to the transferor without execution of the instrument by the transferee. (3) The instrument creating an easement must indicate clearly — ( a ) the nature of the easement and the extent of the land burdened by the easement; ( b ) the dominant tenement; and ( c ) the conditions, limitations and restrictions (if any) intended to affect the enjoyment of the easement. (4) The servient tenement must be described in accordance with section 54 except that where an easement relates to the passage of matter or energy through underground pipes, cables or other installations, which cannot conveniently be located, the Registrar may accept for registration an instrument in which the servient land is described approximately only. (5) An easement must be registered by the entry of a memorial thereof on the folio for the servient tenement. (6) A notification of the easement must be entered on the folio for the dominant tenement unless the proprietor thereof agrees to dispense with any notification. (7) Where a grant of an easement over registered land is expressed to be appurtenant to land which is not under the provisions of this Act, the Registrar need not be concerned to consider whether the person described therein as grantee is entitled to the land described as the dominant tenement if that person is expressed to be the owner for the time being of that land.


document_id: lta-1993
provision_ref: s97A
chapter: PART 10 - EASEMENTS
section: 97A
title: Power of court to create easements
content:
97A. —(1) The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement. [8/2014] (2) An order under subsection (1) may be made only if the court is satisfied — ( a ) that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest; ( b ) that the proprietor of the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and ( c ) that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the proprietor of the land to be burdened by the easement. [8/2014] (3) An order made under subsection (1) must specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate. [8/2014] (4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders. [8/2014] (5) An easement created under this section does not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered in accordance with section 97. [8/2014] (6) In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant. [8/2014]


document_id: lta-1993
provision_ref: s98
chapter: PART 10 - EASEMENTS
section: 98
title: Implied easements for passage of water, electricity, drainage, gas and sewerage for development
content:
98. —(1) There is implied in respect of each lot of land which forms part of the same development (called hereinafter the lot) as follows: ( a ) in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot; ( b ) as against the proprietor of the lot, and to which the lot is subject, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to every other lot capable of enjoying such easements. (2) All ancillary rights and obligations reasonably necessary to make the easements mentioned in subsection (1) effective are implied. (3) The easements implied by this section entitle the proprietor of the dominant tenement to enter on the servient tenement at all reasonable times to repair, renew or restore any sewers, pipes, cables, wires or ducts as appears necessary but the proprietor of the dominant tenement must make good any damage caused to the servient tenement. (4) In respect of all the easements implied by this section, there is also implied a covenant, binding all parties enjoying the benefit of such easements, to contribute to the cost of construction, maintenance or repair of the sewers, pipes, cables, wires or ducts — the subject of the easements — as if the easements and the covenant to contribute had been created by an instrument registered under this Act and, so long as such easements subsist, the covenant to contribute binds any successor in title enjoying the benefit of the easements except that such a covenant is not implied where the proprietor of any lot is able to show that that proprietor is entitled to enjoy the easements free from the liability to contribute. (5) Subsection (4) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached. (6) Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united. (7) The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto. (8) In this section — “development” means any land subdivided into 2 or more lots under section 12(3) of the Planning Act 1998 where those lots are affected by common easements for the passage or provision of water, electricity, drainage, gas or sewerage that are capable of being created as cross easements by an instrument and enjoyed as such by those lots; “lot” means a parcel of land forming part of a development, to which the Chief Surveyor has allotted a survey lot number. [8/2014]


