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 SPA & Loan Agreement, Signature for these documents

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SUSNicklly
post Jul 25 2020, 09:37 AM, updated 6y ago

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Dear sifu expert,

As the usual process, we usually meet lawyer and sign it together.

Does it able to sign via digitally or appoint representative to sign on behalf?


The reasons are
1. Currently not in Malaysia
2. The high commission /embassy of Malaysia at Singapore need to set appointment to witness the signature, but the earliest available date to do is after 2 months
3. Unable to travel back to Malaysia
4. Lawyer unable to travel to Singapore too.

edyek
post Jul 25 2020, 09:59 AM

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QUOTE(Nicklly @ Jul 25 2020, 09:37 AM)
Dear sifu expert,

As the usual process, we usually meet lawyer and sign it together.

Does it able to sign via digitally or appoint representative to sign on behalf?
The reasons are
1. Currently not in Malaysia
2. The high commission /embassy of Malaysia at Singapore need to set appointment to witness the signature, but the earliest available date to do is after 2 months
3. Unable to travel back to Malaysia
4. Lawyer unable to travel to Singapore too.
*
Use notary public.
mini orchard
post Jul 25 2020, 10:07 AM

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QUOTE(Nicklly @ Jul 25 2020, 09:37 AM)
Dear sifu expert,

As the usual process, we usually meet lawyer and sign it together.

Does it able to sign via digitally or appoint representative to sign on behalf?
The reasons are
1. Currently not in Malaysia
2. The high commission /embassy of Malaysia at Singapore need to set appointment to witness the signature, but the earliest available date to do is after 2 months
3. Unable to travel back to Malaysia
4. Lawyer unable to travel to Singapore too.
*
It depends on the lawyer and how close business relationship you have with him ?

My lawyer,... no eye see. Signed on the pages marked 'X' and I returned to him through his runner.


If your lawyer is like mine, ......otherwise ask him if he agrees to this ...

1. Courier document to signatory
2. Do live video signing of document and record.
3. Return documents after signing.

This post has been edited by mini orchard: Jul 25 2020, 10:29 AM
nookie188
post Jul 25 2020, 11:44 AM

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QUOTE(mini orchard @ Jul 25 2020, 10:07 AM)
It depends on the lawyer and how close business relationship you have with him ?

My lawyer,... no eye see. Signed on the pages marked 'X' and I returned to him through his runner.
If your lawyer is like mine, ......otherwise ask him if he agrees to this ...

1. Courier document to signatory
2. Do live video signing of document and record.
3. Return documents after signing.
*
mmm..quite a good idea indeed.. rclxms.gif
shaniandras2787
post Jul 30 2020, 02:07 PM

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the Bar Council did released a press statement during CMCO in respect of clients' execution and amongst the issues raised was "signing via video conference", the verdict was to avoid it at all costs.

appointing a representative to sign is a no-go, if someone wants to sign a contract with A and you get B to sign on your behalf, the contract is void ab initio. This is also the main reason why lawyers NEED to attend personally to all type of execution.

Singapore is part of the Commonwealth therefore a notary public can attest/witness to the execution, get the lawyer to courier the documents to Singapore but be wary though, notary publics can levy exorbitant charges.
mini orchard
post Jul 30 2020, 04:44 PM

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QUOTE(shaniandras2787 @ Jul 30 2020, 02:07 PM)
the Bar Council did released a press statement during CMCO in respect of clients' execution and amongst the issues raised was "signing via video conference", the verdict was to avoid it at all costs.

appointing a representative to sign is a no-go, if someone wants to sign a contract with A and you get B to sign on your behalf, the contract is void ab initio. This is also the main reason why lawyers NEED to attend personally to all type of execution.

Singapore is part of the Commonwealth therefore a notary public can attest/witness to the execution, get the lawyer to courier the documents to Singapore but be wary though, notary publics can levy exorbitant charges.
*
A lawyer should personally know what best method to execute the agreement albeit those guidelines from the Bar.
shaniandras2787
post Jul 31 2020, 06:13 PM

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QUOTE(mini orchard @ Jul 30 2020, 04:44 PM)
A lawyer should personally know what best method to execute the agreement albeit those guidelines from the Bar.
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of course.
tiger19
post Sep 9 2020, 09:46 AM

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Did anyone manage to deal with it? Able to advice? As I am having the same situation here have to look for Singapore Notary Public to sign my SPA.
terence999
post Oct 17 2020, 04:14 PM

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Bump. Anyone has any experience so far? I am in a similar situation, but my appointment with Consular of Malaysia is 6 months later. 😦
SUSNicklly
post Oct 17 2020, 04:41 PM

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QUOTE(terence999 @ Oct 17 2020, 04:14 PM)
Bump. Anyone has any experience so far? I am in a similar situation, but my appointment with Consular of Malaysia is 6 months later. 😦
*
https://forum.lowyat.net/index.php?showtopic=5038371&hl=

U can everyday morning and night drop them an email, ask for earlier slot.

68876230
68876231
68876234
68876250

Alternatively, call them every 1 hour 🙃🙃🙃🙃
terence999
post Oct 17 2020, 06:30 PM

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QUOTE(Nicklly @ Oct 17 2020, 04:41 PM)
https://forum.lowyat.net/index.php?showtopic=5038371&hl=

U can everyday morning and night drop them an email, ask for earlier slot.

68876230
68876231
68876234
68876250

Alternatively, call them every 1 hour 🙃🙃🙃🙃
*
Thanks! Most likely go for Notary... I called them the whole day that day, lol and yes, nobody pick up 🙃 Thanks again!
SUSNicklly
post Oct 17 2020, 06:52 PM

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QUOTE(terence999 @ Oct 17 2020, 06:30 PM)
Thanks! Most likely go for Notary... I called them the whole day that day, lol and yes, nobody pick up 🙃 Thanks again!
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If your documents no need too many signature can go notary.. if like mine need 32 attestion would cost 1.5ksgd d..
gavind87
post Oct 18 2020, 12:06 AM

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I went through it through the consular in Singapore about 3 weeks ago.

Got my appointment with a 3 week lead time I believe at the time.
terence999
post Oct 19 2020, 10:22 AM

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My appointment is 6 months in advance... errr...
bankerwannabe
post Nov 10 2020, 10:38 AM

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QUOTE(Nicklly @ Oct 17 2020, 06:52 PM)
If your documents no need too many signature can go notary.. if like mine need 32 attestion would cost 1.5ksgd d..
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May I know how your 32 attestations were only quoted $1.5k? I was quoted more than 3k with 17 copies of documents that require attestation.

These are my documents.
-3 sets of S&P Agreement
-3 sets of Facilities Agreement
-3 sets of Charge Annexure
-3 sets of Charge Form 16A
-2 sets of Memorandum of Transfer 14A
-2 copies of statutory declaration for own occupancy
-2 copies of statutory declaration for non-bankruptcy
Berrylicious
post Nov 25 2020, 11:05 AM

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Hi Sifus,

Appreciate if someone could advise on the following:

May i know is it a must to get my SPA notarised?
Must the witness of the SPA, a certified lawyer?
mini orchard
post Nov 26 2020, 03:22 PM

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QUOTE(Berrylicious @ Nov 25 2020, 11:05 AM)
Hi Sifus,

Appreciate if someone could advise on the following:

May i know is it a must to get my SPA notarised?
Must the witness of the SPA, a certified lawyer?
*
It about 'trust' and competent issues if there are third parties involved like banks.

Many commercial forms that need a witness dont require a lawyer as one. E.g. Tenancy Agreement. The purpose of a witness is to acknowledge that the person who signs the form is the 'right' person and not someone else when he is called to court.

Having said the above, do not simply sign as witness without seeing the person signing the form even if is your friend.
Berrylicious
post Nov 27 2020, 09:58 AM

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QUOTE(mini orchard @ Nov 26 2020, 03:22 PM)
It about 'trust' and competent issues if there are third parties involved like banks.

Many commercial forms that need a witness dont require a lawyer as one. E.g. Tenancy Agreement. The purpose of a witness is to acknowledge that the person who signs the form is the 'right' person and not someone else when he is called to court.

Having said the above, do not simply sign as witness without seeing the person signing the form even if is your friend.
*
Tq for your advise.

 

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