A Power of Attorney (POA) is needed if you wish to appoint a person to act on your behalf. This article outlines some essential information about POAs, such as who may act as your Power of Attorney and what power he or she may have.
When it comes to a Housing and Development Board (HDB) flat, there are many situations wherein you might need an HDB POA:
Build-to-Order (BTO) Flats
For BTO flats, there are three primary elements:
- The flat selection;
- The signing of the sales agreement; and
- Keys handling.
When a BTO buyer is not available to attend to any of these three matters, he or she may appoint someone else to do it. In this case, a buyer will need to use a HDB POA.
Buying and selling of HDB flats
When buying and selling HDB flats, the buyer typically must be present to sign some important documents. However, he or she may also authorise an HDB POA to do it on his or her behalf.
Examples of such documents include:
- Option to Purchase;
- Agreement for Lease;
- Lease-in-Escrow;
- Mortgage-in-Escrow; and
- Deed of Assignment.
How do I obtain an HDB Power of Attorney?
A standard procedure must be followed to acquire an HDB POA. The three main types of HDB POA are:
- Purchase, sub-letting and general management;
- Sale, sub-letting and general management; and
- Sub-letting and general management.
A lawyer will prepare the specific kind of HDB POA you need. Each HDB POA should be able to meet the needs of the client giving the authorisation.
The HDB POA should contain the following details:
- The owner’s full name as stated in their NRIC;
- The full name of the attorney, as indicated in the NRIC; and
- The full address where the HDB flat in question is situated.
It is the lawyer’s role to draft the POA and witness the client’s signature. If the client is leaving Singapore, he or she must first sign the document before leaving. This needs to be done before a notary public in the country that he or she resides in.
The client then couriers the original document to his or her lawyer, and the lawyer may file the POA with the Supreme Court.
When registering the POA, the client and lawyer must submit at least one of the following documents to the HDB:
- The original Power of Attorney, including one photocopy;
- The certified true copy from the high court and one photocopy;
- Two Advocate’s and Solicitor’s certified true copies of the POA;
- A letter from the solicitor confirming that the standard format for POA provided by HDB was used;
- An Advocate’s and Solicitor’s certified true copy, along with the computer printout sealed by the High Court (in the case where POA has been registered through the Electronic Filing System).
