13. In the principal Rules, after rule 38, insert —“PART IIIA 38A.—(1) An electronic filing and case management system is established for the Court.(2) The purposes of the electronic system are as follows:(a) | to facilitate the submission of forms and documents; | (b) | to facilitate the service, transmission or delivery of documents; | (c) | to facilitate the conduct of proceedings before the Court by electronic means. |
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38B.—(1) Subject to paragraph (3), an individual must authenticate the individual’s identity using Singpass in order to access the electronic system to carry out an online transaction involving the individual.(2) Subject to paragraph (3), a person who is authorised by an entity to carry out through the electronic system an online transaction involving the entity, must authenticate the identity of the entity using Corppass in order to access the electronic system to carry out that transaction for the entity. |
(3) The Registrar may, on application by an individual who is unable to authenticate the individual’s identity using Singpass, issue the individual with SYCPass credentials to enable the individual to access the electronic system using SYCPass to carry out an online transaction involving the individual. |
(4) An individual who is issued SYCPass credentials under paragraph (3) —(a) | must ensure the confidentiality and security of the SYCPass credentials; and | (b) | must not —(i) | divulge the SYCPass credentials to any other person; or | (ii) | permit any other person to use the SYCPass credentials. |
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(5) An individual must not facilitate the use, by any other person, of the individual’s Singpass credentials or SYCPass credentials to access the electronic system. |
(6) An entity must not facilitate the use, by any unauthorised person, of the Corppass credentials of the entity to access the electronic system. |
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38C.—(1) Where an application or a document is required to be filed with, served on, delivered or otherwise conveyed to the Court under these Rules, it must be so filed, served, delivered or otherwise conveyed through the electronic system in accordance with this Part.(2) For the purpose of paragraph (1), any requirement for the filing, service, delivery or conveyance of an application or a document is satisfied by the filing, service, delivery or conveyance of a single copy of the application or document using the electronic system in accordance with these Rules. |
(3) Despite anything in paragraph (1), the Court may allow an application, a document, a part of a document or any class of documents to be filed, served, delivered or otherwise conveyed other than by using the electronic system. |
(4) Every application or document mentioned in paragraph (1) must —(a) | be in such form as set out in the practice directions; or | (b) | where the application or document is composed in the electronic system, in the form made available through the electronic system. |
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(5) Any application or document that is filed, served, delivered or conveyed through the electronic system by an individual authenticated under rule 38B(1) is deemed to have been so filed, served, delivered or conveyed with the individual’s intention to do so. |
(6) Any application or document that is filed, served, delivered or conveyed through the electronic system by a person who authenticated an entity’s identity under rule 38B(2) is deemed to have been so filed, served, delivered or conveyed on behalf and with the authority of the entity for such purpose and with the intention of the entity to do so. |
(7) Any application or document that is filed, served, delivered or conveyed through the electronic system by an individual using SYCPass credentials issued to the individual under rule 38B(3) is presumed until the contrary is proved to have been so filed, served, delivered or conveyed with the individual’s intention to do so. |
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Signing of electronic documents |
38D.—(1) Where any application or document is filed, served, delivered or otherwise conveyed using the electronic system, any requirement under these Rules relating to signing by or the signature of an individual or entity is deemed to be complied with if the identification code of the individual or entity has been applied to or associated with, directly or indirectly, the application or document or the transmission containing the application or document.(2) For the purposes of paragraph (1), where the identification code of an individual or entity is applied to or associated with, directly or indirectly, any application or document, or any transmission containing any application or document, that is in compliance with the security procedures of the electronic system —(a) | the application or document is deemed to be signed by the individual or entity; and | (b) | the content of the application or document is deemed to be endorsed by the individual or entity. |
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(3) To avoid doubt, the application or association of a Singpass credential or a Corppass credential, directly or indirectly, to or with any application or document, or any transmission containing any application or document, that is in compliance with the security procedures of the electronic system is a secure electronic signature within the meaning of the Electronic Transactions Act 2010. |
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38E.—(1) Where an application or a document is filed with, served on, delivered or otherwise conveyed to the Court using the electronic system and is subsequently accepted by the Court, the application or document is deemed to be filed, served, delivered or conveyed on the date and at the time that the first part of the electronic transmission of the application or document is received in the electronic system.(2) Despite paragraph (1), where the filing, service, delivery or conveyance of an application or a document through the electronic system is unsuccessful or delayed because of a failure or inability of the electronic system to transmit or process the application or document, the Court may —(a) | in the case of an unsuccessful transmission — require the individual or entity who filed, served, delivered or conveyed the application or document (called in this rule the relevant individual or entity) to file, serve, deliver or convey the application or document afresh through the electronic system; and | (b) | in the case of a delayed transmission — cause the electronic system to reflect an earlier date and time than the date and time mentioned in paragraph (1) on the application of the relevant individual or entity. |
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(3) Where the Court causes the electronic system to reflect an earlier date and time under paragraph (2)(b), that earlier date and time is deemed for all purposes to be the date and time on and at which the relevant application or document was filed, served, delivered or conveyed. |
(4) If the Court is satisfied for any reason that an application or a document should be treated as having been filed with, served on, delivered or otherwise conveyed to the Court at some earlier date and time, rather than the date and time mentioned in paragraph (1) or (2), the application or document is deemed to be filed, served, delivered or conveyed on the date and at the time that the Court accepts the document, as reflected in the Court’s computer system. |
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When time for service begins to run |
38F.—(1) Where an application or a document is filed with, served on, delivered or otherwise conveyed to the Court using the electronic system, the time for service of that application or document only begins to run from the time that the Court sends the notification of acceptance of the application or document through the electronic system.(2) If the Court’s notification mentioned in paragraph (1) is sent on a day that is not a working day, the notification is deemed for the purpose of this rule to have been sent on the next working day. |
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Time of service of documents through electronic system |
38G.—(1) Where a document that is an originating summons or a document accompanying an originating summons is served from one party to another party using the electronic system, the document is treated as served on the party to be served when that party —(a) | is given access to that document in the electronic system; and | (b) | indicates acceptance of the service of that document on the electronic system. |
(2) Where a document other than an originating summons or a document accompanying an originating summons is served by one party to another party using the electronic system, the document is treated as served on the other party when that party is notified, by the party serving or the electronic system, that the document has been served. |
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Issuance of order or document by Court |
38H.—(1) Where the Court is required by these Rules to issue any order or document to a person, the Court may do so using the electronic system.(2) The order or document is presumed to be issued on the date and at the time that it is transmitted or delivered by the electronic system or by electronic mail, as the case may be. |
(3) The execution of the printed form of a warrant has the same legal effect as the execution of an original warrant. |
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Affidavits in electronic form |
38I.—(1) Affidavits that are filed in the Court using the electronic system may be used in all proceedings to the same extent and for the same purposes as paper affidavits filed in the Court.(2) Where an affidavit is to be filed in Court using the electronic system, it must comply with the following requirements:(a) | the affidavit must be affirmed in the usual way in which the deponent signs the original paper affidavit; | (b) | a true and complete electronic image of the original paper affidavit must be created; | (c) | the original paper affidavit must be retained by the party who filed it for a period of 7 years after it is filed. |
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(3) Despite paragraph (2)(c), if the original paper affidavit subsequently becomes unavailable within 7 years after it was filed, the Court may grant permission for the electronic image of the original paper affidavit filed in Court using the electronic system to be used in the proceedings for which it was filed, or in any other proceedings. |
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38J. Where a document was filed using the electronic system, and there is any inconsistency between the information entered into the electronic template of the document and the information contained in the document subsequently generated by the electronic system on the basis of the information entered, the information entered into the electronic template of the document prevails. |
Applications and documents to comply with certain matters |
38K.—(1) Every application or document must —(a) | comply with such requirements as may be imposed by the Court; and | (b) | contain such information and particulars of parties or other persons as may be required by the Court. |
(2) The Court, or any authorised officer or employee of the Court, may reject or return for amendment any application or document if it does not comply with the requirements in this Part or any requirement imposed by the Court. |
(3) Any application or document rejected or returned under this rule is to be treated as having been filed only on the date on which it is subsequently accepted for filing by the Court, or any authorised officer or employee of the Court, and not before. |
(4) Every document, if not in the English or Malay language, must be accompanied by a translation into the English or Malay language verified by the affidavit of a person qualified to translate it, before it may be received, filed or used in the Court. |
(5) An amendment to any document may be effected in such manner as may be determined by the Court. |
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Application for inheritance certificate |
38L.—(1) For the purposes of section 115 of the Act, an application for an inheritance certificate must —(a) | be made through the electronic system; and | (b) | be accompanied by a declaration and any other document that the Court may require. |
(2) The declaration in paragraph (1) must —(a) | provide for a party to declare that the information contained in the application is true, correct and complete; and | (b) | be made by any of the following persons:(i) | where the applicant is an individual claiming to be a beneficiary — by the applicant or a solicitor authorised to act on behalf of the applicant; | (ii) | where the applicant is a court or an authority under a duty to determine the person entitled to an estate or the shares of 2 or more of such persons — by an individual authorised by the court or authority; | (iii) | where the applicant is an entity claiming to be a beneficiary — by an individual authorised by the entity.”. |
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