Characteristics required for registration, etc.
Open ↗4.—(1) Subject to the provisions of this Act, a proposed society may be registered as a society if —(a)
it has as its object the promotion of the economic interests of its members in accordance with co‑operative principles;
(b)
while it has regard to the economic interests of its members in accordance with essential co‑operative principles, it has as its object the promotion of the economic interests of the public generally, or of any section of the public; or
(c)
it is established with the object of facilitating the operations of a society to which either or both of paragraphs (a) and (b) apply.[3/2018]
(2) Every society must have —(a)
the organisational and management structure set out in Part 5; or
(b)
an organisational and management structure providing for both of the following — if the Registrar, when registering that society, considers that it is necessary or desirable for that society, and should be provided for in that society’s by‑laws:(i)
a governing body to be a board of trustees;
(ii)
a committee of management to be a board of directors.[3/2018]
(3) The provisions of Part 5 apply to a board of directors of a society having an organisational and management structure in subsection (2)(b) as they apply to a committee of management of any other society.[3/2018]
Conditions of registration
Open ↗5.—(1) A proposed society cannot be registered as a primary society unless it consists of at least 5 persons, each of whom qualifies for membership under section 39(1).[3/2018]
(2) A proposed society cannot be registered as a secondary society unless it consists of 2 or more persons, each being a society, a trade union or a platform work association.[3/2018]
[Act 30 of 2024 wef 01/11/2024]
Name of society
Open ↗6.—(1) No society may have a name which, in the Registrar’s opinion —(a)
is likely to mislead members of the public as to the true character or purpose of the society;
(b)
is identical to or so nearly resembles the name of some other society as is likely to deceive or confuse members of the public or members of either society;
(c)
so nearly resembles the name of any body corporate as is likely to be mistaken for it or for being related to it; or
(d)
is undesirable or offensive.[3/2018]
(2) Every society must have —(a)
as part of its name, the word “co‑operative” or “cooperative”, or its equivalent in the Malay, Chinese or Tamil language; and
(b)
at the end of its name, the word “limited” or its equivalent in the Malay, Chinese or Tamil language.[3/2018]
Application for registration
Open ↗7.—(1) Every application for registration —(a)
must be submitted to the Registrar in the prescribed manner together with the prescribed information; and
(b)
must be signed by the following (called in this Part the applicants):(i)
in the case of an application for registration as a proposed primary society, by at least 5 persons, each of whom qualifies for membership under section 39(1);
(ii)
in the case of an application for registration as a proposed secondary society, by at least 2 persons, each of whom is duly authorised in that behalf by a society, a trade union or a platform work association.[3/2018]
[Act 30 of 2024 wef 01/11/2024]
(2) The application must be accompanied by —(a)
a copy of the proposed by-laws;
(b)
the minutes of the preliminary meeting, signed by all persons present and willing to become members of the proposed society; and
(c)
such fee as may be prescribed.
Requirements before registration
Open ↗8. The Registrar may require applicants to furnish such additional information in regard to the proposed society as the Registrar thinks fit, including —(a)
the economic or other need for the formation of the proposed society;
(b)
a statement as regards the viability of the activities of the proposed society;
(c)
the availability of sufficient capital for the commencement of operations of the proposed society;
(d)
the availability of officers capable of directing and managing the affairs of the proposed society and of keeping such records and accounts of the society as the Registrar may require; and
(e)
such other information as may be prescribed.
Registration
Open ↗9.—(1) The Registrar may register a proposed society and its by‑laws if the Registrar is satisfied that —(a)
the proposed society has complied with the provisions of this Act and the Rules;
(b)
the proposed by-laws of the proposed society are not contrary to this Act and the Rules; and
(c)
the proposed by-laws of the proposed society are sufficient to provide for its proper administration and management.[3/2018]
(2) For the purposes of subsection (1), the Registrar may accept a declaration made by the applicants for registration of the proposed society as to the matters specified in subsection (1)(a), (b) and (c) as sufficient evidence of those matters.[3/2018]
(3) Despite subsection (1), the Registrar may refuse to register a proposed society which proposes to provide any financial service, and its by-laws, if the Registrar is not satisfied that —(a)
the proposed society is to be established in the interests of its members;
(b)
the primary object of the proposed society is to provide the financial service;
(c)
the proposed by‑laws of the proposed society are consistent with the criterion in section 39(4) for membership in a credit society;
(d)
there is available sufficient capital for the commencement and maintenance of the operations of the proposed society;
(e)
the proposed society is able to meet such minimum financial or prudential requirements or such other requirements as may be prescribed, either generally or specifically; or
(f)
there are available officers capable of directing and managing the affairs of the proposed society and keeping the records and accounts of the proposed society, having regard to the reputation, character, financial integrity and reliability of the proposed officers.[3/2018]
(4) The Registrar may —(a)
register any proposed society and its by-laws subject to any terms and conditions of registration that the Registrar thinks fit to impose; and
(b)
where the proposed society is to provide any financial service, register the proposed society as a credit society to provide the financial service.[3/2018]
(5) Despite anything in this section, the Registrar must not register a proposed society if the Registrar is satisfied that —(a)
the proposed society is likely to be used for an unlawful purpose or for any purpose prejudicial to public peace, welfare or good order in Singapore; or
(b)
it would be contrary to the national security or interest for the proposed society to be registered.[3/2018]
(6) Where the Registrar refuses to register a proposed society, the Registrar must inform the applicants of this fact.[3/2018]
(7) An appeal against the Registrar’s refusal to register a proposed society may be made to the Minister within 2 months after the date of the refusal, and the decision of the Minister is final.[3/2018]
Modifying of terms and conditions of registration
Open ↗9A.—(1) The Registrar may at any time modify the terms and conditions of registration of a society imposed under section 9(4).[3/2018]
(2) The Registrar must, before modifying the terms and conditions of registration, give to the society concerned —(a)
notice in writing of the Registrar’s intention to do so; and
(b)
an opportunity to make written representations, within the time specified in the notice (being at least 14 days after the date of service of the notice), as to why the terms and conditions should not be modified.[3/2018]
(3) The Registrar must notify the society in writing of the Registrar’s decision whether to modify the terms and conditions of registration.[3/2018]
(4) Where the Registrar decides to modify the terms and conditions of registration, the written notice in subsection (3) must specify a date (at least 14 days after the date of the notice) when the modification of the terms and conditions is to take effect.[3/2018]
(5) A society that is aggrieved by the Registrar’s decision to modify the terms and conditions of registration may, within 14 days after the decision or such longer period as the Minister may allow in any particular case, appeal in writing to the Minister, whose decision is final.[3/2018]
(6) If a society appeals to the Minister under subsection (5), the decision appealed against does not take effect unless the decision is confirmed by the Minister, or the appeal is withdrawn or is for any reason dismissed by the Minister.[3/2018]
(7) In this section, “modify”, in relation to the terms and conditions of registration of a society, includes deleting or varying and substituting such a term or condition, and adding a term or condition of registration.[3/2018]
Evidence of registration
Open ↗10.—(1) On the registration of a society, the Registrar must issue to the society a notice of registration in the form the Registrar thinks fit stating —(a)
that the society is registered starting on the date specified in the notice; and
(b)
where the society is a credit society, that the society is registered as a credit society to provide such financial service as may be specified in the notice.[3/2018]
(2) Upon the application of a society and payment of such fee as may be prescribed, the Registrar must issue to the society a certificate of registration.
(3) A certificate of registration, or a copy thereof, signed by the Registrar is conclusive evidence that the society therein mentioned is duly registered, unless it is proved that the registration of the society has been cancelled.[Act 17 of 2024 wef 18/07/2024]
Registers
Open ↗10A.—(1) The Registrar must keep and maintain, in the form and manner that the Registrar thinks fit —(a)
a register of societies;
(b)
a register of officers of societies; and
(c)
such other registers as may be prescribed.
(2) Any person may, on payment of such fee as may be prescribed —(a)
inspect such parts of any register as the Registrar may determine and obtain extracts therefrom;
(b)
inspect such documents submitted to or lodged with the Registrar as the Registrar may determine and obtain copies thereof; or
(c)
obtain a copy of the certificate of registration of any society from the Registrar.
(3) An extract from or a copy of an entry in a register is prima facie evidence of the information stated therein if the extract or copy is certified by the Registrar to be a true extract or copy.
(4) An extract from or a copy of any document submitted to or lodged with the Registrar is admissible in evidence in any proceedings as of equal validity with the original document if the extract or copy is certified by the Registrar to be a true extract or copy.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
