Signing Your Power of Attorney Overseas

If you are signing your Power of Attorney (POA) overseas (outside Singapore), you must sign it in the presence of either a Singapore Consular Officer officiating in the country of your stay or a Notary Public duly appointed in that country. You may wish to refer to our specimen of a Power of Attorney signed overseas for reference.

It is our preference that you sign before a Singapore Consular Officer (if one is available), as the authentication of such an officer is easier to verify than that of a foreign Notary Public.

Where can I find a Singapore Consular Officer? #

To locate a Singapore Mission or Embassy in the country of your stay, visit MFA’s Find an Overseas Mission page at mfa.gov.sg/i-need-help-overseas/find-an-overseas-mission/, or if the link is no longer valid, do a Google search on “Singapore Missions”.

What if I am using my CPF funds? #

Based on CPF Board’s circular of 2017 (subject to change), from 1 March 2017, to safeguard the interest of CPF members, for documents and applications sent from overseas, CPF will only accept certification of non-original documents and witnessing of CPF applications by Singapore Overseas Missions, ie. before a Singapore Consular Officer. The documents affected include:

1. The Letter of Authorisation and Declaration (LAD) authorising law firms to submit applications to use CPF savings to buy a private property on behalf of members residing overseas. Please refer to the CPF website for the latest version of the LAD.
2. A Power of Attorney accompanying an application made by an attorney on behalf of a CPF member residing overseas.

Accordingly, if your POA for an HDB flat or private residential property authorises your attorney to apply for usage of your CPF funds, please sign it before a Singapore Consular Officer and not before a Notary Public.

If you face hardship or difficulty finding a Singapore Consular Officer in the country of your stay and wish to sign before a Notary Public, you may write to CPF Board to obtain its written exemption from this requirement. If CPF Board approves your request, please forward a copy of its correspondence to us before engaging our services.

How do I sign my Power of Attorney overseas? #

1. Make full payment. If you have engaged us for your Singapore POA, we require full payment of our charges before sending the POA to you by email. Request a quote at law.com.sg/power-of-attorney-quote/ or law.com.sg/power-of-attorney-hdb-quote/.
2. Print the POA on A4 white paper with a good-quality printer.
3. Review the contents carefully before signing. Ensure that you fully understand the contents and the powers you are giving to your intended attorney. If there are errors in any of the particulars, please inform us immediately.
4. Sign before the Singapore Consular Officer or Notary Public, who must witness your signature.
5. Ensure all particulars are completed. The Notary Public or Consular Officer (as the case may be) must complete all the particulars stated in the POA, and sign and affix his or her official seal. Failure to do so may result in the POA being rejected by the High Court for registration, or being queried in respect of the manner or validity of execution.
6. Return the original signed POA to our Singapore office so that it can be lodged at the High Court.

What extra checks apply if I sign before a Notary Public? #

For a POA executed outside Singapore and witnessed by a Notary Public, the High Court may request further evidence of due execution by you, and/or verify the validity of the Notary Public’s appointment and/or other particulars. In those scenarios, we will require you to obtain such requirements, and if additional work is required, we may charge additional costs and expenses incurred.

You may wish to furnish us copies of the Notary Public’s name card, the official receipt for witnessing the POA, and/or other evidence of his or her due appointment as a Notary Public. It is good practice to attach the Notary Public’s original Certificate of Attestation (or similar certificate) to the POA.

What if the Notary Public’s seal contains non-English words? #

If a Notary Public’s seal, certificate or written or printed words contain non-English words (eg. French, Chinese, Malay, Arabic or German), the Singapore court will require an English translation. Under Order 3 rule 7 of the Rules of Court 2021, all documents filed or used in Court must be in the English language, and a document which is not in the English language must be accompanied by a translation in the English language certified by a court interpreter or verified by an affidavit of a person qualified to translate the document.

In addition, under Order 3 rule 8 of the Rules of Court 2021, a foreign public document with an apostille placed on or attached to it may be received, filed or used in Court. An apostille on the foreign Notary Public’s certificate, issued by the competent authority in the country of signing, may therefore assist the High Court in accepting your POA.

This is another reason it is always preferable to sign before a Singapore Consular Officer in the country of your stay.

What if the identity number in the Certificate differs from my POA? #

The Singapore Consular Officer or Notary Public may issue a Certificate of attestation. In the Certificate, the officer may indicate your Passport number instead of your NRIC number as stated in your POA, which may result in the High Court rejecting your POA.

For example, if the POA states your NRIC No. S1234567A but the Certificate states your Passport No. E234567G without indicating your NRIC No., the High Court may reject your POA. Hence, after signing your POA overseas, check the Certificate to ensure that its stated identity number is consistent with that of your POA.

What if one donor signs in Singapore and another overseas? #

When there are two donors, such as co-owners of an HDB flat, they may sign the POA separately, one in Singapore and the other overseas. For fee purposes, this is treated as signing overseas.

1. Donor A signs in Singapore before our lawyer (book at book.law.com.sg/power-of-attorney/ or, for HDB flats, book.law.com.sg/power-of-attorney-hdb/).
2. The partially signed POA is sent overseas.
3. Donor B signs overseas before a Singapore Consular Officer or a Notary Public.
4. The completed document is returned to us for lodgment at the High Court.

The order can be reversed, with the overseas donor signing first before the POA is sent to Singapore. Fees may vary due to the extra handling and coordination, and both donors should ensure their identity documents are valid and the POA is properly witnessed and consistent.

What happens if the POA is not properly executed? #

If the POA is not properly executed and/or witnessed, the High Court may reject it for registration. In that event, additional costs and/or expenses may be incurred by you for the preparation of a fresh POA and for you to re-sign it.

Ready to proceed? Request a quote at law.com.sg/power-of-attorney-quote/ (or law.com.sg/power-of-attorney-hdb-quote/ for HDB flats). Once payment is made, we will email your POA with signing instructions.