Knowledge Highlights 1 September 2025
Feedback from public consultation on framework for remote witnessing and electronic signing of statutory declarations: MinLaw issues response
On 25 July 2025, the Ministry of Law (“MinLaw”) published its response to feedback received from the public consultation on the framework for remote witnessing and electronic signing of statutory declarations (“Response”).
The proposed framework seeks, among other things, to provide individuals, businesses, and service providers who execute statutory declarations with the option of remote witnessing in place of an in-person meeting, and electronic signing in place of wet-ink signing, if both the declarant and service provider are physically present in Singapore.
The public consultation was from 5 July 2024 to 2 August 2024. More information is in our article “Public consultation on remote witnessing and e-signing of statutory declarations”.
MinLaw reported that the respondents to the public consultation were generally supportive of the proposals for remote witnessing and included suggestions to adjust the proposed safeguards.
Responses to the proposed “hybrid” approach to electronic signing, where declarants could use any electronic signature but the service provider would be required to use “Sign with Singpass”, were mixed.
MinLaw and the Singapore Academy of Law (“SAL”) will work to implement both proposals on remote witnessing and electronic signing in a manner that takes into consideration the feedback received.
Remote witnessing
Prior to operationalisation, SAL will update the manuals applicable to the various service providers (“Manuals”), e.g. the Notaries Public Manual and the Commissioner for Oaths Manual, to:
- include guidance on the videoconferencing platform
- set out how service providers may:
- verify the identity of the declarant;
- ensure that the declarant is not acting under duress or undue influence;
- ensure the declarant has the mental capacity to make a declaration;
- ensure the integrity of the document witnessed; and
- verify the physical location of the declarant; and
- reflect the importance of proper record keeping by the service provider.
MinLaw clarified that remote witnessing will be an option for service providers and their clients and will not replace in-person witnessing.
Declarants may continue to opt to travel to the offices of the service provider for in-person witnessing, as is currently practised.
The overarching duty of service providers to exercise due care, skill, and diligence remains unaffected by their use of any electronic means of communication.
If service providers assess that remote witnessing is unsuitable in the circumstances of the case, such as when the declarant appears to have difficulty understanding the nature of his declaration or when the video link is not sufficiently clear, they can immediately stop the remote witnessing and require in-person witnessing instead.
The framework is intended to be enabling and not unduly prescriptive. Service providers should not be obliged to adopt any particular electronic option.
MinLaw will work with SAL on a sample jurat for use during remote witnessing.
Electronic signing
On the proposed “hybrid” approach, respondents who were supportive noted that it will strike a balance by leveraging the flexibility of electronic signatures while maintaining robust security measures through the use of Singpass which should enhance efficiency and trust in the process. This approach is inclusive especially for the older declarants.
Some respondents expressed a preference for both declarants and service providers to sign the statutory declaration using “Sign with Singpass” to reduce the risk of fraud.
MinLaw, in consultation with SAL, will adopt the “hybrid” approach for the following key reasons:
- This approach is more inclusive, given that declarants may come from a variety of backgrounds. For instance, a declarant may be a foreigner without a Singpass account or may be less technologically savvy and face difficulties using Singpass.
- Service providers are bound by an overarching duty to exercise due care, skill, and diligence. Where they have doubts as to the authenticity of the document or have reason to suspect fraud, they should put a stop to the remote witnessing and request in-person witnessing instead. This duty will be reinforced by the respective Manuals, so that service providers are aware of and equipped to mitigate these risks.
- There is little risk of fraud or document tampering/integrity after the service provider signs the document, because the service provider is required to use “Sign with Singpass”. Once the document has been signed with Singpass, the document will be “locked” and it will be clear if the document is subsequently altered.
As with remote witnessing, after implementation, MinLaw will continue to monitor the situation to ensure the framework and safeguards are kept up to date and continue to strike an appropriate balance between convenience and efficiency versus the need to safeguard the integrity of the process.
Electronic “stamp” as part of the electronic signature of Commissioners for Oaths
MinLaw clarified that Commissioners for Oaths will be required to affix an electronic “stamp” as part of their electronic signature. SAL will be developing an electronic “stamp” which will be issued to all Commissioners for Oaths.
Reference materials
The following materials are available on the MinLaw website www.mlaw.gov.sg and REACH website www.reach.gov.sg:
