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 SNP stamped without the presence of

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TSmana mungkin
post Aug 29 2015, 11:46 AM, updated 11y ago

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Hi All Sifu,

I just receive my SNP stamped, and found the signing page without signature in the presence of ? will this SNP face any issue ? Please Help ?

Thanks


Tavia88
post Aug 29 2015, 05:22 PM

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QUOTE(mana mungkin @ Aug 29 2015, 11:46 AM)
Hi All Sifu,

I just receive my SNP stamped, and found the signing page without signature in the presence of ? will this SNP face any issue ? Please Help ?

Thanks
*
Just sent back to your legal firm and request for a lawyer to witness.
aurora97
post Aug 29 2015, 05:28 PM

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QUOTE(mana mungkin @ Aug 29 2015, 11:46 AM)
Hi All Sifu,

I just receive my SNP stamped, and found the signing page without signature in the presence of ? will this SNP face any issue ? Please Help ?

Thanks
*
Administrative errors like this do happen from time to time.

Straight answer, no it doesn't have an impact on your SNP.

U have to understand the underlying reason why the "signature in the presence of" column is there...

It is there simply to say that the person has witness the parties to the agreement is actually the person who signed the document.

Besides, u have been signing agreements without any witness columns for ages now... What's the difference now and then?

For rectification (foc mode), if the person contracting is you then the signature in presence of, you should ask a relative or friend of yours to witness. If it is the opposing party then ask him to get someone to witness for him.

Alternatively, get a lawyer to witness.

This post has been edited by aurora97: Aug 29 2015, 05:29 PM
TSmana mungkin
post Aug 29 2015, 07:37 PM

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As for now, my loan lawyer said it might have problem in future, if there is anyone trying to dispute it.

As the snp already stamped, the loan lawyer refused to sign under in presence of. However, the loan lawyer said the SNP still valid as it is already stamped.

So, the question now is will I have any issue later on when I try to sell the property or transfer name? Should I return to snp lawyer and get it fixed?
aurora97
post Aug 30 2015, 01:57 AM

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QUOTE(mana mungkin @ Aug 29 2015, 07:37 PM)
As for now, my loan lawyer said it might have problem in future, if there is anyone trying to dispute it.

As the snp already stamped, the loan lawyer refused to sign under in presence of. However, the loan lawyer said the SNP still valid as it is already stamped.

So, the question now is will I have any issue later on when I try to sell the property or transfer name? Should I return to snp lawyer and get it fixed?
*
Unless there is element of fraud than perhaps there will be problem, otherwise your SNP is good.

Many people including lawyers seem to have a view that agreement stamp means its valid, based on case law and my research (if ur interested to know), stamping of agreement has two effects:

First, it enables admission of document into court ( that doesn't mean its valid, it just say OK this fella has observed stamping requirements).

Secondly, court recognize that stamping is a source of revenue for the government. The government is smart enough to add a barrier a force ppl to stamping their agm before it is allowed to be admitted into court.

I don't your loan lawyer will touch it, coz its not a document prepared by them. It's best u go back to your SNP lawyer and ask them to rectify it. It's very negligent of them as the document preparer but did not advise you on the signning requirements.


TSmana mungkin
post Sep 16 2015, 01:11 PM

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QUOTE(aurora97 @ Aug 30 2015, 01:57 AM)
Unless there is element of fraud than perhaps there will be problem, otherwise your SNP is good.

Many people including lawyers seem to have a view that agreement stamp means its valid, based on case law and my research (if ur interested to know), stamping of agreement has two effects:

First, it enables admission of document into court ( that doesn't mean its valid, it just say OK this fella has observed stamping requirements).

Secondly, court recognize that stamping is a source of revenue  for the government. The government is smart enough to add a barrier a force ppl to stamping their agm before it is allowed to be admitted into court.

I don't your loan lawyer will touch it, coz its not a document prepared by them. It's best u go back to your SNP lawyer and ask them to rectify it. It's very negligent of them as the document preparer but did not advise you on the signning requirements.
*
I have managed to resolve by:
1. returning the SNP to SNP lawyer and informed them to collect all the SNP copies to rectify the mistake
2. informing developer about the mistake done by their panel SNP lawyer and get them to return their SNP copy for rectification
3. getting the loan lawyer to return their copy as well for rectification

At last, all 4 copies of SNP had been signed 'on the present of'. So hopefully this might solve the problem and hope no such silly mistake happen again in future. Noted from loan lawyer that if it is not rectified, bank might have a reason to not releasing the money to developer. All these rectifications has further delayed the process by about 2 weeks. Not sure whether would be penalised on this delay by the developer.



 

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