When is the Power of Attorney required?
A Power of Attorney (PoA) is a legal document that allows a person ('donor') to appoint another person ('attorney') to act on his behalf and in his name on matters specified in the PoA.
When buying or selling an HDB flat, certain matters must be attended to at different stages of the process. For example, signing of documents, such as:
- Option to Purchase
- Agreement for Lease
- Deed of Assignment
The PoA is required if you are unable to attend to these matters personally. You are advised to consult a private solicitor in Singapore to prepare the PoA.
What must you and your private solicitor do?
Step 1: Preparing the PoA
You must get a solicitor to prepare the PoA.
Step 2: Signing the PoA
The PoA has to be signed by you in the presence of your solicitor. If you are already overseas, you must sign the PoA in the presence of one of the following parties:
- Notary Public*
- Singapore High Commission
- Singapore Ambassador in the country of your stay
*With effect from 1 March 2017, if you are using CPF monies to buy a flat, the CPF Board does not accept PoAs witnessed by overseas Notary Publics. The PoA must be witnessed and sealed/ stamped by an official from a Singapore Overseas Mission instead. You may visit the Ministry of Foreign Affairs' website for more details on the nearest Singapore Overseas Mission.
Step 3: Registering the PoA
After your PoA has been signed, your solicitor will register the PoA with the High Court Registry.
Step 4: Submitting required documents to HDB
Once the PoA has been registered, you need to submit any one of the following documents to us:
- Original PoA + 1 photocopy
- Certified true copy from the High Court + 1 photocopy
- 2 certified true copies of the PoA by an Advocate and Solicitor
- A letter from the solicitor confirming that the standard format for PoA provided by HDB has been used
- Certified true copy by an Advocate and Solicitor together with the computer printout with the High Court seal. This is required in cases where PoA has been registered through the Electronic Filing System
Important points to note:
- If you are going overseas, you are advised to obtain the PoA before leaving the country
- The PoA cannot be used for the signing of the following documents, which you must personally sign:
- Application Form
- Statutory Declarations (you must sign in the presence of a Commissioner of Oaths or Notary Public)
- Any undertakings
- If you have submitted an original PoA or a certified true copy of the PoA from the High Court to us, it will be returned to your solicitor. This is after the Lease & Mortgage document has been registered with the Singapore Land Authority
- However, certified true copies of the PoA by your solicitors will be retained by HDB