POWERS OF ATTORNEY
146. In this Part, “attorney” means any person appointed by an instrument under seal to act as the agent for or on behalf of a principal in relation to transactions with registered land, whether the agent is called attorney, receiver, broker, factor or otherwise and, where the context admits, “power” means the instrument by which an attorney is appointed.
—(1) On lodgment for registration of any instrument executed by an attorney, the Registrar may require the original power of attorney or an office copy thereof to be exhibited to him, and in case of doubt, or where he suspects impropriety, may require the execution of the power to be proved.
(2) Where a power of attorney has been deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act (Cap. 61), no further proof of execution shall be required by the Registrar.
(3) Before registering any instrument executed by an attorney, the Registrar may require either —
(4) As between an attorney and any purchaser from him of registered land, and notwithstanding any agreement or stipulation to the contrary, there shall be implied an undertaking by the attorney to comply, at his own expense (or that of his principal), with all reasonable requirements of the Registrar made under this section.
—(1) In favour of a purchaser of registered land claiming through an instrument executed by an attorney, the power under which the attorney purports to act shall be presumed to be in full force and effect at the time of such execution unless the purchaser, prior to completion of the purchase, has received notice of the revocation of the power, and the Registrar shall not be concerned to inquire as to whether or not any such notice was received.
(2) This section shall not operate to prolong the duration of a power which is expressed to terminate on a specified day, nor shall it validate any act of the attorney done after that day.
(3) An attorney who purports to act in exercise of a power after he has received notice of its revocation shall be liable to the same penalties as if he had made a statutory declaration that, at the time of so purporting to act, the power had not been revoked.
(4) Nothing in this section shall prejudice the right of a principal to recover damages from, or to institute other proceedings against, an agent who has exceeded his authority.
—(1) Where in a power the attorney is described as the “general attorney” of the principal, the attorney shall be presumed by purchasers of registered land to have power to do all things the doing of which could lawfully be delegated by the principal.
(2) This section shall apply only —
to powers executed within Singapore; and
to powers executed outside Singapore which are expressed to be made in pursuance of this section.
(3) The generality of the authority of an attorney who has been appointed a “general attorney” shall not be restricted by reason of the fact that the instrument appointing him also confers specific powers.
(4) A general attorney may be appointed in relation to one or more specified items of property, and his authority as general attorney, and the exoneration conferred by this section, shall be restricted to those items.
—(1) Any purchaser of registered land from an attorney who is not a “general attorney” within the meaning of section 149 shall be entitled to be paid by the attorney —
the sum of $100 towards the costs of investigating title; and
any additional registration fee which may be prescribed for instruments executed by attorneys.
(2) Any agreement, condition or stipulation in contravention of this section shall be void.
(3) Where an attorney proves to the satisfaction of the Registrar that the power under which he acts is likely to be used in a series or course of similar transactions, and that complications are not likely to arise in the interpretation of the power, the Registrar may, by an endorsement on the power or a copy thereof, exempt all transactions or any particular kind or kinds of transactions from this section, and thereupon, for the duration and within the limits of that exemption, additional fees or costs as prescribed by this section are not payable.