Document Sample
POWER OF ATTORNEY - Download as DOC Powered By Docstoc
					                                POWER OF ATTORNEY

       A POWER OF ATTORNEY granted on the ________ day of __________ by

_______________________ a company incorporated in the Republic of Singapore

and having its registered address at ________________________ (hereinafter

called “the Land Owner”) to ________________________________ a company

incorporated in the Republic of Singapore and having its registered office at

___________________________________ (hereinafter called “the Attorney”).

       WHEREAS :-

       (a)    The Land Owner is the registered proprietor for an estate in fee simple

of the land comprised in Lot(s) __________________ of MK/TS known as and

situated at ________________________________ (hereinafter called “the Land”).

       (b)    By a Joint Venture Agreement dated the _______ day of __________

(hereinafter called “the Agreement”), the Attorney and the Land Owner have agreed

to pursue a joint venture to construct and complete a residential housing

development on the Land (hereinafter called “the Project”).

       (c)    Upon completion of the Project, the Attorney is entitled to certain strata

units therein (hereinafter called “the Units”).

       (d)    Under the terms of the Agreement, the Land Owner was entitled to and

did assign all its rights title interest benefits advantages permits licences and

remedies in under or arising out of the Agreement to the Attorney.

       (e)    Under the terms of the Agreement, the Land Owner has agreed to

execute such agreements or deeds as may be required to procure the development

of the Project. The Land Owner has also agreed to transfer the Units to the Attorney

or such other purchaser of the Units as the Attorney shall direct and pursuant thereto
will enter into any options, agreements, deeds or documents as shall be necessary

to enable the Attorney to market and sell all of the Units.

       Now, the Land Owner HEREBY APPOINTS the Attorney and each of the

authorised officers of the Attorney for the time being to be the true and lawful

attorney of the Land Owner will full power to substitute, appoint and discharge from

time to time one or more attorneys in the name of the Land Owner and on the Land

Owner’s behalf to execute or do all or any of the following acts, deeds and things :-

1.     To make and submit applications and plans to the appropriate government

       departments, local authorities or other competent authorities and execute,

       swear or affirm all documents, deeds, plans, instruments and declarations for

       the purpose of obtaining or securing or renewing any planning permissions,

       building plan approval, Temporary Occupation Permit or Certificate of

       Statutory Completion or any other licences, approvals, permits or exemptions

       in connection with or incidental to or arising from or necessary or advisable

       for the Project and for the construction, erection or affixation of any building

       or fixture thereon (hereinafter called “the Project Building”) or for any

       demolition or earth clearance works thereon or for the removal of any soil

       thereon or therefrom and generally for the construction or earthworks

       affecting in connection with, related to or arising from the Project and to

       collect, receive and retain such licences, approval, permits or exemptions and

       to give a good receipt or acknowledgement therefor.
2.   To enter upon and take possession of the Land and to develop the Land for

     the Project and to carry out all necessary building, engineering and other

     operations on the Land to construct and complete the Project Building in

     accordance with the planning permission, building plan approval and any

     other licences, approvals or permits issued by any relevant competent


3.   In connection with the planning permission referred to in Clause (1) above, to

     surrender to the State such part of the Land as may be required.

4.   To apply for, obtain or secure all necessary governmental approvals, permits

     or licences for the subdivision (including strata subdivision) of the Project


5.   To apply to the Registrar of Titles for the issue of separate Subsidiary Strata

     Certificates of Title to the Project Building and for this purpose to sign,

     execute and lodge the necessary applications at the Singapore Land


6.   To take and accept delivery of the duplicate Subsidiary Strata Certificates of

     Title and/or other documents of title as soon as the same are issued by the

     Registrar of Titles and to give good receipts therefor.

7.   To deal with the Controller of Housing and all other relevant government

     authorities for the purpose of negotiating and obtaining the approval of the
      Controller of Housing and all other relevant governmental authorities for any

      sale and purchase agreements entered or to be entered into by the Attorney

      with any sub-purchaser in respect of the sale of the Units as may be required

      under the Housing Developers (Control and Licensing) Act (Chapter 130) or

      any other relevant statutory enactment or any statutory re-enactments or

      modification thereof for the time being in force.

8.    To sign any Caveats and Withdrawal of Caveats relating to the Land or

      Project Building as the Attorney shall think fit and to register the said Caveats

      and Withdrawal of Caveats with the Singapore Land Authority.

9.    To warn off and prohibit and if necessary proceed against in due form of law

      all trespassers on the Land and/or the Project Building or any part thereof

      and to take appropriate steps whether by action or otherwise to abate all


10.   To receive and give effectual receipts and discharges for all or any moneys

      which shall or may come to the hands of the Attorney by virtue of the powers

      herein contained which receipts shall exonerate the person or persons or

      corporation paying such moneys from seeing to the application thereof or

      being responsible for the loss or misapplication thereof.

11.   To enter into and to sign, seal, execute and perfect as the Land Owner’s act

      and deed and to deliver any contract, option, Sale and Purchase Agreement,
         conveyance, assignment, transfer, restriction, lease, deed, instrument or

         assurance whatsoever in respect of the Units.

12.      To appear before any Registrar or other official appointed under any Act or

         Ordinance and register any deed, assurance, contract, transfer or other

         document relating to the Project and sale of the Units and to pay such fees

         and to complete any forms and make any declaration which may be

         necessary for the registration thereof.

13.      For the Land Owner and in its name to accept service of any writ of summons,

         summons plaint, motion, petition or other legal process of any kind in respect

         of the Project and sale of the Units and to appear and on the Land Owner’s

         behalf to represent in any court and before all judges, magistrates or other

         judicial quasi-judicial or administrative officers whosoever as the Attorney

         shall think fit.

14.      In connection with any of the foregoing to appoint and engage any Advocate

         and Solicitor to act for the Land Owner on its behalf for any of the purposes of

         these presents.

         IT IS HEREBY FURTHER DECLARED as follows :-

      (1) Unless otherwise so required, terms defined in the Agreement have the same

         meaning where used in this Deed.

      (2) This Power of Attorney shall be irrevocable until the completion of the sale

         and purchase of the Units in accordance with the terms of the Agreement.
(3) The powers and authorities hereinbefore given to the Attorney shall not be

   deemed to be limited to such transactions and matters as are hereinbefore

   expressly mentioned by name but are intended to and shall in all cases

   extend to all other matters or transactions not hereinbefore precisely

   mentioned or defined which may by the Attorney be deemed to be requisite

   and expedient to be done or performed for the purposes of these presents.


PROMISES at all times to allow, ratify and confirm all and whatsoever the

Attorney shall lawfully do or cause to be done by virtue hereof including anything

which shall be done before revocation of this Deed and the Land Owner declares

that as against it and persons claiming under it, anything which the Attorney shall

lawfully do or cause to be done in pursuance of this Deed after such revocation

as aforesaid shall be valid and effectual in favour of any person claiming the

benefit thereof and acting in good faith who before the doing thereof shall not

have had express notice of such revocation and the Land Owner hereby agrees

to indemnify the Attorney against costs, charges, expenses and losses which the

Attorney may incur in the lawful execution of the powers hereby conferred upon

the Attorney.

   IN WITNESS WHEREOF the Common Seal of the Land Owner is hereunto

affixed on this ________ day of ________________

The Common Seal of                         )
was hereunto affixed in the presence of :- )


   I,                              , an Advocate and Solicitor of the Supreme

Court of   the Republic of Singapore practising in the Republic of Singapore

hereby certify that on the _____day of ____________, the Common Seal of

______________________________ was duly affixed to the written instrument

at Singapore in my presence in accordance with the regulations of the said

company (which regulations have been produced and shown to me).

   Witness my hand