Second Reading Speech for Electronic Conveyancing and Other Matters Bill, Mr Murali Pillai, Senior Minister of State for Law
15 October 2025 Posted in Parliamentary speeches and responses
1. Mr Speaker, Sir, on behalf of the Minister for Law, I beg to move, “That the Bill be now read a Second time.”
Introduction
2. Sir, the conduct of Government business must be trustworthy and efficient. We have a duty, not just to ensure the strength of our services that cater to the public, but to make the access to such services, easy, prompt and making as few demands as possible on the time and attention of the Singaporeans we serve. To do this, I introduce the Electronic Conveyancing and Other Matters Bill which will relate to two of the most consequential decisions many of us will make in our lives.
3. The first is how we buy property – here the government proposes to amend existing legislation to facilitate the digitalisation of the property conveyancing process; the second is how we want decisions to be made for us when we no longer have the mental capacity to make them ourselves. Here, we introduce amendments to the Mental Capacity Act 2008 to further digitalise the end-to-end process of making a Lasting Power of Attorney. The first set of amendments are to facilitate the work of various agencies involved in the conveyancing process, led by the Singapore Land Authority, or SLA. The second set of amendments are proposed by the Ministry of Social & Family Development, or MSF. I will start by first focusing on the amendments relating to property conveyancing.
4. Property conveyancing is the legal process of transferring the title in a property from one party to another.
5. Singapore has a robust property conveyancing framework, which provides a foundation for stable and reliable property rights, and in turn gives certainty to individuals and businesses alike in their dealings.
6. However, anyone who has gone through the process will know that it is largely manual and paper-based. This is in part due to the lack of a fully digital platform, and existing legal requirements for conveyancing transactions.
7. For example, legislation today requires:
a. That contracts for sale of immovable property and deeds of conveyance of immovable property must be in writing.
b. Wet-ink signatures for those documents, which in turn necessitate physical meetings.
8. In addition, payments are primarily made through cashier’s orders that must be purchased and delivered.
9. Physical documentation is therefore still integral to the property transaction process. And considerable time is spent preparing, checking, physically delivering and safekeeping these documents.
10. We understand that such requirements can be a source of frustration to members of public.
a. For example, in October of 2022, a member of public wrote to Minister Josephine Teo - who was then the Minister for Communications and Information - to share his views on what he believed were some anachronistic situations, including having to arrange to make two conveyancing-related payments by cheques.
b. This individual questioned why digital transfers could not be supported, highlighting the inconvenience this posed for individuals like himself who had no chequebook. He also highlighted that even the process of opening an account for the purposes of a new chequebook was so tedious that his bank advised that it would be easier for him to borrow someone else’s chequebook instead.
Implementation of the DCP and HDB Flat Portal
11. Our agencies have been aware of these issues and have been working hard over the years to electronise the conveyancing process.
12. One key plank in the journey to transform the current manual and paper-based process to a fully digitalised, end-to-end conveyancing process is the development of the Digital Conveyancing Portal, or DCP for short, by the Singapore Land Authority (SLA).
a. The DCP, which is a fully electronic end-to-end conveyancing platform for property transactions, was first announced at the Committee of Supply (COS) debate in 2021. I had also provided an update in March at the COS debate earlier this year.
b. With the DCP in development, we have been able to reassure members of public such as the individual I mentioned earlier of our plans to digitalise the conveyancing process, while we carefully continue the development of the DCP, taking the necessary time to account for the scale and complexities involved in digitalising the entire conveyancing process.
c. During this time, SLA has also worked with key stakeholders such as CEA, URA, CPF Board, IRAS, HDB, the Singapore Academy of Law (SAL), the Law Society of Singapore, the Real Estate Developers’ Association of Singapore (REDAS), the Association of Banks in Singapore, banks and financial institutions to ensure their perspectives have been considered.
13. Some of the features of the DCP will include:
a. A streamlined and user-friendly experience, with guided workflows and online transaction milestones to help parties navigate the conveyancing process.
b. Robust authentication and verification measures, to enable parties to sign electronic contracts for sale of immovable property securely.
c. Tools that enable seamless communication, coordination and tracking between lawyers, financial institutions, real estate firms, agents, and government agencies.
14. When fully implemented, the DCP will thus provide increased efficiency, greater convenience, improved coordination and tracking, as well as enhanced transparency and security. This will help to address some of the pain points and feedback which have been raised to us, including those that I had mentioned earlier.
a. For example, facilitating electronic transfers of conveyancing monies will mean buyers no longer have to spend time and effort applying for cheque books which they may otherwise not need, while solicitors no longer need to arrange for physical trips to the bank to arrange for payments to be made by cashier’s order.
b. Property agents can also better track the progress of the property transactions under their charge through the DCP, instead of manually checking in with the seller or buyer, or their solicitors.
c. Solicitors and clients can also save time and effort by applying digital signatures in a secured platform as opposed to making arrangements for wet-ink signatures.
15. The DCP is developed in phases. In early 2026, a pilot will be launched to cover the Option-to-Purchase stage of the resale phase of private residential property transactions.
a. SLA has been providing extensive support to parties that wish to start transacting over the DCP, with 14 training workshops held for 28 law firms, 67 lawyers and 112 conveyancing executives who will be participating in the pilot. At present, an estimated 38% of law firms by market share have been onboarded.
16. New functionalities will be added in each phase. The DCP will also expand the types of property transactions – private residential, commercial and industrial property transactions – in phases.
17. Another enabler in the digitalisation of the conveyancing process is the HDB Flat Portal, which covers the processes relating to the sale and purchase of HDB flats.
18. Launched in Jan 2021, this integrated online portal streamlines the process of buying and selling HDB flats through features such as the customised financial calculators, HDB Flat Eligibility, or HFE, letter applications, integrated loan application service, and flat listing services.
19. Currently, the portal already enables HDB to digitalise the processing and approval of resale flat applications. It will be enhanced progressively with more features, such as the use of digital signatures for signing of documents for HDB transactions.
a. Where HDB is appointed to act in the conveyance of an HDB flat, the portal will also enable parties to conduct flat transactions through the use of secure electronic records and electronic payments of conveyancing monies, which will be developed in tandem with the DCP.
b. Where the flat transaction involves private lawyers, the portal will interface with the DCP to enable data transmission and cross-platform conveyancing functions.
Key amendments
20. For conveyancing transactions to be carried out electronically on the DCP and the HDB Flat Portal, existing laws must be updated to create the legal framework for digital conveyancing transactions. This will be done through this Bill.
[Section 1: Amendments to the Electronic Transactions Act 2010 (ETA)]
21. The first set of amendments involve the Electronic Transactions Act 2010, or the ETA for short.
22. The ETA will be amended by adding a new Part 2B to enable conveyancing transactions to be executed electronically through the Prescribed Electronic Transaction Systems, or PETS. The PETS will be set out in a new Fifth Schedule to the ETA and will initially be confined to two portals – the DCP and the HDB Flat Portal.
23. The First Schedule to the ETA will also be amended so that Part 2 of the ETA, which contains the enabling legal framework for electronic records, electronic signatures and electronic contracts, will apply to contracts for the sale or other disposition of immovable property, disposition of an equitable interest with respect to immovable property, and conveyances of immovable property executed in a PETS mentioned in sections 16U, 16V and 16W.
[Section 1A: Amendments to Introduce New Part 2B of the ETA]
24. The new Part 2B (containing new sections 16T to 16Y) will also provide a framework that will allow contracts and deeds executed electronically through the PETS to meet certain legal form requirements needed for legal validity of equivalent documents executed in writing today.
a. The new section 16U will enable a requirement under the law (including s 6(d) of the Civil Law Act 1909) that contracts for the sale or other disposition of immovable property are to be in writing and signed, to be met by a secure electronic record signed with a prescribed secure electronic signature in a PETS. The new section 16V similarly enables a requirement under the law (including in s 7(2) of the Civil Law Act 1909) that a disposition of an equitable interest respecting any immovable property or interest in such property is to be in writing and signed, to be met by a secure electronic record signed with a prescribed secure electronic signature in a PETS.
b. The new section 16W will enable deeds for the conveyance or transfer of any estate or interest in immovable property, and deeds of security for payment of monies under a mortgage, to be electronically executed validly in a PETS if conditions in new section 16W(3) are met.
c. The new section 16X will allow for remote witnessing as a means to satisfy any legal witnessing requirement in respect of the execution of a conveyancing document, but only under specific conditions. Section 16X only applies to the witnessing of the execution of a conveyancing document in a PETS. In addition, the technology used to enable the witnessing must fulfil certain technical requirements, and witnesses and signatories must both be in Singapore at the time of the remote witnessing.
[Section 1B: Electronic equivalents for common law legal formalities and requirements for electronic execution of deeds]
25. Deeds which are executed physically today must meet common law legal formalities and requirements that include (i) being in writing on paper or parchment, (ii) being sealed; and (iii) being delivered.
26. As part of the new section 16W, subsection (3) introduces requirements that must be satisfied in order for an electronic record to meet the requirements of a deed under a rule of law that requires a conveyance or transfer of immovable property or an instrument to secure moneys payable under a mortgage to be in the form of a deed.
a. First, the electronic record must be a secure electronic record that is generated, communicated or received, and stored, in a PETS. It must also be delivered by the person executing it via the PETS. This ensures that such electronic deeds can benefit from the enhanced security mechanisms that PETS afford.
b. Second, the electronic record must clearly state, on its face, that it is a document intended to be a deed, so that there is no ambiguity as to parties’ intentions.
c. Third, where the deed is being executed by an individual, the electronic record must be signed in the PETS using a secure electronic signature, and the signing must be in the presence of a witness. Currently, the DCP is designed such that parties may only sign using “Sign with Singpass”.
27. Where the deed is being executed by a body corporate, apart from the electronic record being required to be signed by its representative or representatives in the PETS using a secure electronic signature, the new section 16W(3)(e) provides two alternative approaches in respect of the requirement to affix the common seal of the body corporate. Firstly, the body corporate may choose to apply its “electronic seal”, which is an electronic symbol of a seal that is affixed to an electronic record using an appropriately reliable method that identifies the person who affixed the seal. Such an electronic seal will enable a recipient of an electronic deed to more easily verify the authenticity of the electronic deed.
28. Alternatively, the body corporate may execute the deed in accordance with other statutory requirements in lieu of sealing as provided for under other relevant written law. For example, where the body corporate is a company, it may execute the deed without affixing a common seal in accordance with sections 41B and 41C of the Companies Act 1967, which set out the regime for the execution of deeds without a company seal. Where the body corporate is a limited liability partnership, it may execute the deed in accordance with sections 7 and 8 of the Limited Liability Partnerships Act 2005, which set out a regime that is similar to the one under the Companies Act.
29. In determining these requirements, we considered different factors, such as the technological tools available today, user experience, and developments in other jurisdictions. We also took in feedback from the conveyancing community, including the Conveyancing Practice Committee of the Law Society of Singapore, and we are indebted to all these partners for their feedback.
30. For example, there is no requirement for an electronic version of a seal for deeds executed by individuals via the PETS. This takes into account that an individual executing a deed in a PETS would already be subject to enhanced authentication mechanisms, which serve a cautionary function to the individual about the nature of the instrument being executed. The individual would be required to sign the deed using a secure electronic signature in the PETS, in the presence of a witness who attests the execution by the individual.
31. A similar approach is already adopted in other settings in Singapore, where deeds executed electronically for lasting powers of attorney under the Mental Capacity Act 2008 are recognised as deeds without the need for seals, while the insertion of sections 41B and 41C into the Companies Act 1967 in 2017 enabled Singapore companies to dispense with affixing a company seal when executing deeds.
32. This approach is similar with the requirements in other jurisdictions such as the United Kingdom which has replaced the sealing requirement for deeds with other similar alternative measures. Industry feedback from consultations conducted by SLA have also been supportive of adopting this position.
[Section 1C: Amendments to the First Schedule to the ETA]
33. The Bill will also amend the First Schedule of the ETA to extend the application of Part 2 of the ETA to contracts for the sale or other disposition of immovable property, dispositions of an equitable interest respecting immovable property, conveyances of immovable property, and instruments by deed to secure payment of moneys under a mortgage, that are executed in a PETS.
a. Part 2 of the ETA contains the enabling legal framework for electronic records, electronic signatures, and electronic contracts.
b. Previously, these provisions did not apply to contracts for the sale or other disposition of immovable property, dispositions of an equitable interest respecting immovable property, conveyances of immovable property, and instruments by deed to secure payments of moneys under a mortgage, due to the inadequacy of technological infrastructure and safeguards to ensure the security and integrity of electronic property transactions at that time.
c. However, with the development of the DCP and the HDB Flat Portal, we now have the confidence in the infrastructure that will be put in place to support electronic property transactions. The insertion of the necessary enabling legal framework in the new Part 2B of the ETA now makes it possible to extend the application of Part 2 of the ETA to such conveyancing-related documents.
[Section 2: Amendments to the Singapore Land Authority Act 2001 and Housing and Development Act 1959]
34. In addition to the ETA, amendments to the Singapore Land Authority Act 2001 will be made to empower SLA to establish an electronic transaction system (the DCP) to enable persons to carry out conveyancing transactions using electronic instruments.
a. The new provisions also provide for the prescription of requirements for the use of the DCP, certain processes, evidentiary provisions, as well as the processes for the correction of certain types of errors in the records of the DCP.
b. There will also be appropriate liability protection for the SLA for any loss or damage by any person arising from the person using the DCP in an improper manner, or arising from any malfunction or any cybersecurity incident, if SLA had acted in good faith and with reasonable care.
c. Similar amendments will be made to the Housing and Development Act 1959, or H&D Act, to enable HDB to operate its HDB Flat Portal for public housing transactions.
35. The H&D Act will also be amended to provide for HDB’s execution of electronic deeds using an electronic seal of the Board, instead of a physical common seal, where it is required or permitted under law. An instance of such a law is the new section 16W(3)(e)(i) of the ETA. As an alternative to the common seal, the amended H&D Act will also allow for execution by signature of at least two duly authorised officers, for deeds relating to the conveyancing of HDB flats.
[Section 3: Amendments to facilitate remote witnessing in the execution of lasting powers of attorney]
36. Next, I will touch on the portion of the Bill that will introduce amendments to the Mental Capacity Act 2008, or MCA, which is overseen by my colleagues from MSF. These amendments are being introduced to increase the convenience of making a lasting power of attorney, or LPA for short.
37. The LPA is a legal instrument through which a person, called a “donor”, appoints one or more persons, called “donees”, to make decisions on the donor’s personal welfare and/or property and affairs, should the donor lose mental capacity to make such decisions. The execution of an instrument conferring powers of the kind in an LPA has to be witnessed in-person by a Certificate Issuer.
38. In 2021, the MCA was amended to require as a default that an instrument to be registered as an LPA must be executed electronically and electronically submitted for registration with the Public Guardian, or PG, via the Office of the Public Guardian Online, or OPGO. Although this is a default rule, the PG may make an exception if the instrument cannot be executed on the PG’s electronic transaction system, such as for donors who are unable to make or sign the instrument electronically due to a physical disability. Today, more than 95% of LPAs are submitted digitally via the OPGO.
39. The Mental Capacity (Amendment) Act 2021 also included a provision enabling the remote witnessing of execution of an LPA by certain donors, specifically where the PG is satisfied that there is a good reason why the donor cannot appear physically before a Certificate Issuer to execute his instrument to be registered as an LPA. This amendment has not been commenced as we now intend to avail remote witnessing to a wider segment of donors with low risk LPA applications, provided certain legislated criteria are met.
40. The Bill will do this by introducing a new paragraph 1A in the First Schedule to the MCA to provide that the PG may, on the application of a donor, allow him to have the execution of his electronic instrument witnessed remotely if all of the following criteria are satisfied:
a. First, the donor must be under 75 years of age.
b. Second, the proposed donee must belong to a legislated category of persons whose relationship with the donor makes it likely that the person will act in the donor’s best interests, such as family members of the donor.
c. Third, the PG must be satisfied that none of the following risks are significant: (a) that fraud or undue pressure is used to induce the donor to execute the instrument or to execute the instrument to appoint a particular person as the donee; (b) that the donor lacks capacity to execute the instrument; and (c) that any of the proposed donees will not act in the donor’s best interests.
41. Donors who do not fulfil the eligibility criteria will need to have the execution of their instrument witnessed in-person by a Certificate Issuer.
42. We will also put in place robust safeguards to minimise the risk of potential fraud or abuse during the remote witnessing process, including requiring the Certificate Issuer to declare that he had maintained proper records of the session, and will be able to furnish the information to facilitate any future investigations if needed. Certificate Issuers also retain the full discretion not to proceed with certifying the donor’s understanding of the purpose and scope of the LPA and that there is no fraud or undue pressure being used to induce the donor to create an LPA, should they have any concerns that the donor has lost his mental capacity, or is subject to fraud or undue pressure during the remote witnessing session.
43. Finally, the new paragraph 1A(1) to be inserted in the First Schedule to the MCA aligns the key requirements of the remote witnessing method with those under the new section 16X(3) of the ETA. This means that the conditions that must be fulfilled for remote witnessing to satisfy any legal witnessing requirements will be consistent across the MCA and ETA, including the requirement that the witness and signatory must both be in Singapore at the time of remote witnessing.
Conclusion
44. Mr Speaker, to conclude, this Bill will streamline conveyancing in Singapore. Through the DCP and the HDB Flat Portal, property transactions will be transformed significantly from a paper-based process to a secure digital journey that benefits all Singaporeans selling and buying properties.
45. The legislative amendments have been carefully considered with security and integrity at their core. The PETS will incorporate strong and secure safeguards and measures that will ensure that the integrity of property transactions remain uncompromised as we move into the digital age.
46. This Bill will also enable a larger number of donors to benefit from the convenience of remote witnessing of execution of instruments to be registered as LPAs, while ensuring sufficient safeguards.
47. Sir, these amendments present a significant step in Singapore’s digitalisation journey and show how the Government uses technology to protect and advance the interests of Singaporeans. This Bill brings greater convenience and efficiency while maintaining the strong foundations of our property transaction system. It also enhances the ease and convenience of making LPAs, and by so doing, encourages LPA adoption so as to protect the dignity and interests of Singaporeans, who may lose mental capacity later in life.
48. Sir, some of the key amendments in this Bill are being done with the support of my colleagues from MND and MSF. If Honourable Members have queries on the HDB Portal and MND-related issues, SMS Sun Xueling will respond and for LPA, MSF-related issues, SPS Eric Chua will take these queries.
49. Mr Speaker, Sir, I beg to move.
Last updated on 15 October 2025