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 SPA & Loan Agreement, Signature for these documents

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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.
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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
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.
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A lawyer should personally know what best method to execute the agreement albeit those guidelines from the Bar.
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?
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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.

 

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