LAWS OF BRUNEI
12
CAP. 196
Electronic Transactions
2008 Ed.
Application.
4.
(1) Parts II or IV shall not apply to any rule of law requiring writing
or signatures in any of the following matters —
(a) the creation of any legal instrument or document under any
written law relating to Islamic law;
(b) the creation or execution of a will under any written law
relating wills;
(c) negotiable instruments;
(d) the creation, performance or enforcement of an indenture,
declaration of trust or power of attorney with the exception of
constructive and resulting trusts;
(e) any contract for the sale or other disposition of immovable
property, or any interest in such property;
(f) the conveyance of immovable property or the transfer of any
interest in such property;
(g) documents of title relating to immovable property.
(2) The Minister may, with the approval of His Majesty the Sultan
and Yang Di-Pertuan, by order in the Gazette modify the provisions of
subsection (1) by adding, deleting or amending any class of transactions or
matters mentioned therein.
Variation by agreement.
5.
As between parties involved in generating, sending, receiving, storing
or otherwise processing electronic records, any provision of Parts II or IV
may be varied by agreement.