Signatures

What signatures can be done electronically?

Under the Electronics Transaction Act, the following are excluded:

1. The creation or execution of a will

2. The creation, performance or enforcement of an indenture, declaration of trust or power of attorney, with the exception of implied, constructive and resulting trusts and a lasting power of attorney defined under section 2(1) of the Mental Capacity Act 2008

3. Any contract for the sale or other disposition of immovable property, or any interest in such property

4. The conveyance of immovable property or the transfer of any interest in immovable property

(source: Singapore Statutes Online)

Difference between Secure Electronic Signatures and Ordinary Electronic Signatures?

Both options are legally valid. Ordinary Electronic Signatures (OES) is a broad category that refers to electronic signatures that are not SES.

SES are accorded the following presumptions:

• It is the signature of the person to whom it correlates;

• It is affixed by that person with the intention of signing or approving the electronic record; and

• It is authentic and has integrity.

These presumptions are important in disputes over the validity of electronic signatures, as they will automatically apply for secure electronic signatures. The disputing party will then have to adduce evidence to the contrary if it is claiming that the electronic signature is not valid.

As there is need to provide evidence to prove the authenticity of an OES if challenged, Agencies shall put in place risk mitigation features, i.e. steps to help ensure the authenticity of the signature and keep records of the process. For example, where email is used, keep the email trail, verify the recipient’s email address, send any signed document via an official government email address to the recipient’s official email address, and communicate with counterparties on the signing method used.

For this reason, we recommend that agencies utilise the In-System Approval Method in FormSG where possible.

(source: Singapore Legal Advice)

(source 2: PMO (SNDGO) CIRCULAR MINUTE NO. 5/2021) (Government intranet only)

Can I use Sign with Singpass with FormSG?

You can use Singpass login and MyInfo (different from Sign with Singpass) and that will count as OES. FormSG does not have integration with the Sign with Singpass feature at this point.