Power to inspect materials, etc.
Open ↗77.—(1) The Registrar or an authorised person may, for any of the purposes of this Act or in discharging the Registrar’s functions or duties under this Act, exercise all or any of the following powers in relation to a society:(a)
at all reasonable times have full and free access to all materials and information belonging or relating to the society;
(b)
require the following persons to produce or furnish any relevant thing, in relation to the society, within such time and in such manner as the Registrar or authorised person may specify:(i)
any officer, agent, employee or member of the society;
(ii)
any other person whom the Registrar or authorised person reasonably believes has possession or custody of the relevant thing.[3/2018]
(2) The Registrar or an authorised person may, for an enforcement purpose, at all reasonable times and without warrant —(a)
enter and search any of the following premises, if the Registrar reasonably believes that evidence of the commission of an offence under this Act can be found at those premises:(i)
any premises of a society;
(ii)
any other premises at which the Registrar reasonably believes that any relevant thing, in relation to the society, is kept or stored; and
(b)
take any relevant thing, in relation to the society, from those premises, if the Registrar considers it necessary to do so for the purpose of obtaining evidence of an offence under this Act.[3/2018]
(3) For the purposes of subsection (2), an authorised person must act under the Registrar’s supervision, unless the authorised person is a public officer.[3/2018]
(4) The Registrar or authorised person may, without payment —(a)
inspect, copy or make extracts from any material or information produced or furnished pursuant to a requirement under subsection (1)(b); and
(b)
retain the material or information for such period as the Registrar or authorised person determines to be necessary.[3/2018]
(5) Where any material or information produced or furnished pursuant to a requirement under subsection (1)(b) is kept in electronic form —(a)
the power of the Registrar or authorised person under subsection (1)(b) includes the power to require a copy of the material or information to be produced or furnished in legible form; and
(b)
subsection (4) applies to any copy of the material or information produced or furnished in legible form.[3/2018]
(6) In this section and sections 79, 80 and 81 —“computer” has the meaning given by section 2(1) of the Computer Misuse Act 1993;
“enforcement purpose” means —(a)
ensuring that this Act, and the terms and conditions imposed or specified by the Registrar under this Act, are being complied with; or
(b)
investigating an offence under this Act, or a contravention of this Act;
“material” means any document or record, whether kept in hard copy form or in electronic form, or any computer or other device;
“relevant thing”, in relation to a society, means —(a)
any moneys, securities or other assets belonging or relating to the society; or
(b)
any material or information —(i)
belonging or relating to the society; or
(ii)
relating to any transaction of the society, or the management of the affairs of the society.[3/2018; 9/2018]
Inquiry by Registrar
Open ↗79.—(1) The Registrar may at any time, on the Registrar’s own motion, institute an inquiry into the constitution, operations, financial condition or affairs of the society.
(2) The Registrar must institute an inquiry into the constitution, operations, financial condition or affairs of the society on the application of at least —(a)
a majority of the committee of management; or
(b)
one-third of the members or 500 members of a society, whichever is the less.
(3) The Registrar may —(a)
conduct an inquiry under subsection (1) or (2) himself or herself;
(b)
direct an authorised person to conduct the inquiry; or
(c)
delegate the exercise of the Registrar’s power to hold an inquiry under this section, partly or totally, to an apex organisation.[3/2018]
(4) For the purposes of an inquiry under subsection (1) or (2), the Registrar or authorised person may by written notice require any person, whom the Registrar or authorised person reasonably believes is acquainted with any facts or circumstances concerning any matter in the inquiry, to attend at such place and at such reasonable time as the Registrar or authorised person may specify —(a)
to be examined, to answer any question to the best of the person’s knowledge, information and belief, and to provide a signed statement of the matters on which the person is examined containing a declaration by the person of the truth of the statement; and
(b)
to produce or furnish any material or information in the person’s possession or custody.[3/2018]
(5) The Registrar or authorised person may, without payment —(a)
inspect, copy or make extracts from any material or information produced or furnished pursuant to a requirement under subsection (4); and
(b)
retain the material or information for such period as the Registrar or authorised person determines to be necessary.[3/2018]
(6) Where any material or information is kept in electronic form —(a)
the power of the Registrar or authorised person under subsection (4)(b) includes the power to require a copy of the material or information to be produced or furnished in legible form; and
(b)
subsection (5) applies to any copy of the material or information produced or furnished in legible form.[3/2018]
(7) Where the exercise of any inquiry power has been delegated to an apex organisation under subsection (3)(c), the Registrar has power to do all things necessary to ensure that the inquiry is effectively held and in accordance with the provisions of this Act.
(8) The Registrar must communicate the results of any inquiry held under this section to the society concerned.
Examination of materials of indebted society on creditor’s application
Open ↗80.—(1) The Registrar must, on the application of a creditor of the society, examine or direct an authorised person to examine the materials of the society, if the applicant —(a)
proves to the Registrar’s satisfaction that an ascertained sum of money is due to the applicant, and that the applicant has demanded payment of that sum and has not received satisfaction within a reasonable time; and
(b)
deposits with the Registrar, if this is considered necessary, such sum as security for the costs of the proposed examination as the Registrar may require.[3/2018]
(2) The Registrar must communicate the results of the examination to the creditor and to the society the materials of which were examined.[3/2018]
(3) For the purposes of an examination under this section, the Registrar or authorised person may by written notice require any person, whom the Registrar or authorised person reasonably believes is acquainted with any facts or circumstances concerning any matter in the examination, to attend at such place and at such reasonable time as the Registrar or authorised person may specify —(a)
to be examined, to answer any question to the best of the person’s knowledge, information and belief, and to provide a signed statement of the matters on which the person is examined containing a declaration by the person of the truth of the statement; and
(b)
to produce or furnish any material or information in the person’s possession or custody.[3/2018]
(4) The Registrar or authorised person may, without payment —(a)
inspect, copy or make extracts from any material or information produced or furnished pursuant to a requirement under subsection (3); and
(b)
retain the material or information for such period as the Registrar or authorised person determines to be necessary.[3/2018]
(5) Where any material or information is kept in electronic form —(a)
the power of the Registrar or authorised person under subsection (3)(b) includes the power to require a copy of the material or information to be produced or furnished in legible form; and
(b)
subsection (4) applies to any copy of the material or information produced or furnished in legible form.[3/2018]
Communication of findings on working of societies
Open ↗81.—(1) Where any findings on the working of a society are made in any audit, special audit or inquiry under this Act, or any inspection or examination under this Act of any material, the Registrar may bring those findings to the notice of —(a)
the society; and
(b)
if the society is affiliated to a secondary society or an apex organisation, that secondary society or apex organisation.[3/2018]
(2) The Registrar may make an order directing the society or its officer to take such action as may be specified in the order within the time mentioned in the order to address the findings made in the audit, special audit, inquiry, inspection or examination.[3/2018]
Costs of special audit, inquiry and examination
Open ↗82.—(1) Where a special audit is conducted under section 33A, an inquiry is held under section 79 or an examination is made under section 80, the Registrar may, by certificate under his or her hand, make an award apportioning the costs, or such part of the costs, as the Registrar may think right, between the society, any applicant for the inquiry or examination and the officers or past officers of the society; and the Registrar’s decision is final.[3/2018]
(2) A sum awarded by way of costs under subsection (1) is a civil debt recoverable summarily on production of the certificate referred to in that subsection.
Dissolution of societies
Open ↗83.—(1) If the Registrar, after holding an inquiry under section 79 or after making an examination under section 80 or on receipt of an application made by 75% of the members of a society present and voting at an extraordinary general meeting convened for the purpose, is of the opinion that the society ought to be wound up, the Registrar may issue an order directing it to be wound up.
(2) The Registrar may, on the Registrar’s own initiative, issue an order directing a society to be wound up, if the Registrar is satisfied that —(a)
the society has ceased working;
(b)
the membership of the society is reduced —(i)
in the case of a primary society, to less than 5 persons (each of whom qualifies for membership under section 39); or
(ii)
in the case of a secondary society, to less than 2 persons, each being a society, a trade union or a platform work association;[Act 30 of 2024 wef 01/11/2024]
(c)
the society has breached any of its terms and conditions of registration mentioned in section 9(4)(a) or varied or added under section 9A;
(d)
the society has contravened section 16A(1) or 16B(1);
(e)
the society has (whether before, on or after 10 April 2018) failed, for 2 or more consecutive years, to comply with section 34(1);
(f)
the society has failed, for 2 or more consecutive years, to comply with section 53(1);
(g)
the by‑laws of the society are insufficient, or are no longer sufficient, to provide for the proper administration and management of the society;
(h)
the society is or has been used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore;
(i)
it would be contrary to the national security or interest for the society to continue to be registered;
(j)
the society —(i)
is unable to meet its obligations, is insolvent, or suspends payments to its members or creditors; or
(ii)
informs the Registrar that it is or is likely to become insolvent, or to be unable to meet its obligations, or that it has suspended or is about to suspend payments to its members or creditors;
(k)
the society does not have any officer who is capable of doing both of the following:(i)
directing and managing the affairs of the society;
(ii)
keeping the records and accounts of the society; or
(l)
it is not in the interests of the members of the society for the society to continue its operations.[3/2018]
(3) No society may be wound up except by an order of the Registrar.
(4) A member of a society may, within 2 months after the date of a winding up order under subsection (1) or (2), appeal in writing against the order to the Minister and the decision of the Minister is final.[3/2018]
(5) When making a winding up order under subsection (1) or (2), the Registrar may appoint a liquidator for this purpose and fix the liquidator’s remuneration.
(6) A liquidator must not wind up a society until any appeal instituted under subsection (4) has been determined or until 2 months after the date of the winding up order, as the case may be.[3/2018]
Powers of liquidator
Open ↗84.—(1) Subject to any order made by the Registrar under section 85, a liquidator appointed by the Registrar has power to —(a)
take immediate possession of all assets belonging to the society and of all books, records and other documents pertaining to the business thereof;
(b)
carry on the business of the society so far as may be necessary for winding up beneficially, except that the liquidator is not for this purpose entitled to issue any loan;
(c)
fix by notice in the Gazette a day before which creditors must state their claims for admission or be excluded from any distribution made before they have proved them;
(d)
refer a dispute to arbitration and institute and defend suits and other legal proceedings on behalf of the society by the liquidator’s name or office;
(e)
give such directions in regard to the collection and realisation of assets as may be necessary in the course of winding up the society;
(f)
investigate all claims against the society and, subject to the provisions of this Act, decide by order questions of priority arising between claimants;
(g)
pay claims against the society (including interest payable up to the date of the winding up order) according to the respective priorities (if any) in full or to such extent as the assets of the society permit;
(h)
compromise any claim by or against the society, provided that the Registrar’s approval has first been obtained;
(i)
call such meetings of members as may be necessary for the proper conduct of the liquidation, giving at least 15 clear days’ notice of every such meeting;
(j)
decide by order subject to any by-law limiting the liability of members and subject to sections 46 and 47 the contributions to be made by members, past members or by the estates of deceased members of the society to its assets;
(k)
arrange for the distribution of the assets of the society in a convenient manner when a scheme of distribution has been approved by the Registrar; and
(l)
order by what persons and in what proportions the costs of the liquidation are to be borne.
(2) Any person aggrieved by any order of the liquidator made under subsection (1)(f), (j) or (l) may appeal in writing to the Registrar within 30 days after the date of the order.[3/2018]
(3) A person aggrieved by a decision of the Registrar under subsection (2) may appeal in writing to the Minister within 30 days after the decision and the decision of the Minister is final and conclusive.[3/2018]
(4) A liquidator must deposit the funds and other assets of a dissolved society which are collected by the liquidator or which come into the liquidator’s possession as liquidator in such manner and in such place as may from time to time be determined by the Registrar.
(5) A liquidator must, once in every 3 months, submit to the Registrar a report stating the progress made in winding up the affairs of the society, and must, on completion of the liquidation proceedings, submit a final report and hand over to the Registrar all books, registers and accounts relating to the proceedings kept by the liquidator.
(6) A liquidator appointed under this Act, insofar as such powers are necessary for carrying out the purposes of this section, has power to summon and enforce the attendance of parties and witnesses and to compel the production of documents by the means and, so far as may be, in the same manner as is provided in the case of a District Court.
Powers of Registrar to control liquidation
Open ↗85. A liquidator must exercise the liquidator’s powers subject to the control and supervision of the Registrar, who may —(a)
rescind or vary an order made by a liquidator and make whatever new order is required;
(b)
remove a liquidator from office or take such other action as the Registrar may think fit;
(c)
call for all books, documents and assets of the society;
(d)
by written order limit the powers of a liquidator under section 84;
(e)
require accounts to be rendered to the Registrar by the liquidator;
(f)
procure the auditing of the liquidator’s accounts and authorise the distribution of the assets of the society;
(g)
make an order for the remuneration of the liquidator, which remuneration must be included in the costs of liquidation and is payable out of the assets in priority to all other claims; and
(h)
refer any subject of dispute between a liquidator and a third party to arbitration if that party has consented in writing to be bound by the decision of the arbitrator.
Enforcement of order
Open ↗86.—(1) The award of an arbitrator on a matter referred to the arbitrator under section 85 is binding upon the parties and is enforceable in like manner as an order made by the Registrar under that section.
(2) An order made by a liquidator or by the Registrar under section 84 or 85 is to be enforced by any District Court in like manner as a decree of that Court.
Limitation of jurisdiction of civil court
Open ↗87. Subject to this Act, no civil court has any jurisdiction in respect of a matter concerned with the dissolution of a society under this Act, and an appeal cannot be made to a civil court against an order of the liquidator.[3/2018]
Disposal of assets on liquidation
Open ↗88. Upon winding up of a society, the assets must be applied first to the costs of liquidation, then to the discharge of the liabilities of the society, then to the payment of the share capital or subscription capital, and then, provided that the by‑laws permit, to the payment of a dividend or patronage refund at a rate not exceeding that laid down in the Rules or in the by‑laws for any period during which no dividend or patronage refund was in fact paid.
Cancellation of registration
Open ↗89.—(1) When the affairs of a society, in respect of which a liquidator has been appointed, have been wound up or, where no liquidator has been appointed, either 2 months after the making of a winding up order under section 83 by the Registrar or after confirmation of the order on appeal, the Registrar must make an order cancelling the registration of the society and the society is dissolved and ceases to exist as a body corporate starting on the date of the order.[3/2018]
(2) The claim of a creditor or a member of the society who has not received what is due to the creditor or the member of the society (as the case may be) under the approved scheme of distribution is proscribed 2 years after the date of cancellation of registration, and a notice of closure of liquidation and cancellation of registration must be published in the Gazette.[3/2018]
(3) Any moneys remaining after the application of the funds to the purposes specified in section 88 and any sums unclaimed after 2 years under subsection (2) must not be divided among the members, except in the case of the liquidation of a secondary society or a co-operative apex organisation, but must be carried to the Co-operative Societies Liquidation Account kept by the Registrar.
(4) Despite subsection (3) —(a)
where the members of a society have approved at a general meeting prior to the winding up of the society that all or any part of the remaining moneys of the society and unclaimed sums (if any) mentioned in that subsection (collectively called the relevant surplus) be applied to one or more charitable purposes or donated to one or more charities; and
(b)
the Registrar has approved that the whole or part of the relevant surplus be applied to all or any of those charitable purposes or donated to all or any of those charities, as the case may be,
the whole or part of the relevant surplus approved by the Registrar is not to be transferred to the Co‑operative Societies Liquidation Account, but must be applied or donated in accordance with the Registrar’s approval.
[3/2018]
(5) Any moneys or sums transferred to the Co‑operative Societies Liquidation Account may be utilised for all or any of the following purposes as the Minister may from time to time direct:(a)
for transfer to the Central Co‑operative Fund;
(b)
for the costs of engaging a statutory manager or statutory adviser appointed under section 94(1) or 94A(1), including (but not limited to) the remuneration or fee of the statutory manager or statutory adviser, and any disbursements reasonably incurred in the performance of the duties of the statutory manager or statutory adviser;
(c)
for the resolution of financial instability in, or an imminent serious threat to the financial stability of, a credit society or a class of credit societies;
(d)
for the costs of and in relation to the liquidation of a society in a particular case;
(e)
generally for the furtherance of co‑operative principles in such manner as the Minister may determine.[3/2018]
(6) The interest accruing in respect of any sum carried to the Co‑operative Societies Liquidation Account in accordance with subsection (3) may be applied for such of the purposes specified in subsection (5) as the Minister may from time to time direct.
(7) In this section —“charitable purpose” means a purpose which is exclusively charitable according to the law of Singapore;
“charity” means a charity as defined in section 2(1) of the Charities Act 1994, whether or not registered under that Act.[3/2018]
Surcharge and attachment
Open ↗90.—(1) The Registrar may, on the Registrar’s own motion, or on the application of the liquidator, or any creditor or member, of a society —(a)
examine the conduct of a person who —(i)
has taken part in the organisation and management of the society, or is a past or present officer of the society; and
(ii)
appears, from the course of any relevant proceeding —(A)
to have misapplied, retained or become liable or accountable for any money or property of the society; or
(B)
to be guilty of misfeasance or breach of trust in relation to the society; and
(b)
make an order requiring that person —(i)
to repay or restore the whole or any part of the money or property, with interest at such rate as the Registrar thinks just; or
(ii)
to contribute such sum to the assets of the society by way of compensation for any matter mentioned in paragraph (a)(ii)(A) or (B).[3/2018]
(2) An order of the Registrar made under subsection (1) is enforceable in the same manner as a judgment of a District Court.[3/2018]
(3) This section applies even if the act is one for which the offender may be criminally responsible.
(4) Where the Registrar is satisfied that a person with intent to delay the execution or enforcement of any order or award which may be made against the person under subsection (1) and section 85 —(a)
is about to dispose of the whole or any part of the person’s property; or
(b)
is about to remove the whole or any part of the person’s property out of Singapore,
the Registrar may, unless adequate security is furnished, direct the interim attachment of that property or such part thereof as the Registrar thinks necessary and the attachment has the same effect as if it has been made by a District Court.
[Act 25 of 2021 wef 01/04/2022]
(5) A person aggrieved by an order of the Registrar made under subsection (1) or (4) may appeal to the Minister within 2 months after the date of the order and the decision of the Minister is final and conclusive.[3/2018]
(6) In this section, “relevant proceeding” means —(a)
an audit of a society held under this Act (including a special audit under section 33A);
(b)
an inquiry held under section 79;
(c)
an examination of materials under section 80; or
(d)
the winding up of a society.[3/2018]
Settlement of disputes
Open ↗91.—(1) If a dispute arises concerning requirements of this Act relating to the constitution, election of officers or conduct of general meetings —(a)
among members, past members and persons claiming through members, past members and deceased members;
(b)
between a member, past member or deceased member, and the society, its committee of management or any officer of the society;
(c)
between the society or its committee of management and any officer of the society; or
(d)
between the society and any other society,
the dispute may be referred to the Registrar for decision in accordance with subsection (2).
(2) The Registrar must, on receipt of a reference under subsection (1), have regard to the nature and complexity of the dispute, and decide whether —(a)
to settle the dispute himself or herself; or
(b)
to recommend to the parties to the dispute to refer it to arbitration in the same manner and subject to the same terms that an aggrieved party under subsection (3) may refer a dispute to arbitration.
(3) Where the Registrar decides to settle the dispute himself or herself and gives a decision thereon which aggrieves a party to the dispute, that party may, within 30 days after the date of the Registrar’s decision, refer the dispute to arbitration by a referee appointed by the Chief Justice, who must not be an official of any Government department.[3/2018]
(4) The relevant provisions of the Arbitration Act 2001 apply to any dispute referred to arbitration under subsection (2) or (3).
(5) Where a dispute has not been referred to arbitration pursuant to subsection (3), the decision of the Registrar that settles the dispute under subsection (2)(a) may, on the application of the party in whose favour it is given, be enforced by any court which would have jurisdiction in civil suits between the parties to the dispute in the same manner as if the decision had been the decision of a District Court.
Case stated on question of law
Open ↗92.—(1) Despite anything in section 91, the Registrar at any time when proceeding to a decision under this Act, or the Minister at any time when an appeal has been referred to the Minister against a decision of the Registrar under this Act, may refer any question of law arising out of the decision for the opinion of the General Division of the High Court.[40/2019]
(2) Such Judge or Judges sitting in the General Division of the High Court, as the Chief Justice may direct, may consider and determine any question of law so referred, and the opinion given on that question is final and conclusive.[40/2019]
Miscellaneous powers of Registrar
Open ↗93.—(1) The Registrar has power to —(a)
attend, personally or by the Registrar’s representative, general meetings and committee meetings of a society and require by written directions every society to send to the Registrar, at the proper time, notice and agenda of every meeting, and all minutes and communications in respect thereof;
(b)
convene extraordinary general meetings in accordance with the provisions of this Act;
(c)
rescind any resolution or action of an officer or a committee of management or of a general meeting of a society which, in the Registrar’s opinion, is outside the objects of the society as defined in the by-laws;
(d)
require, by written directions, a credit society to —(i)
make provision for bad or doubtful debts or any other matter;
(ii)
secure repayment of any loan;
(iii)
cease to receive any deposit from, or grant any loan to, any person or class of persons or impose such restrictions on the receipt of any deposit or the grant of any loan as the Registrar thinks fit;
(iv)
cease to carry on any partnership, joint venture or other arrangement with any person; or
(v)
otherwise reduce or cease any exposure to any person or class of persons, or impose such restrictions on any exposure to any person or class of persons as the Registrar thinks fit; and
(e)
prohibit or restrict, by written directions, the granting of loans on a mortgage or charge of immovable property by any credit society or class of credit societies.
(2) The Registrar may from time to time issue written directions, either of a general or specific nature, to any society, any class of societies or all societies to comply with such requirements as the Registrar may specify in the written directions.
(3) Without limiting subsection (2), written directions may be issued —(a)
with respect to the standards to be maintained by a society in the conduct of its affairs;
(b)
with respect to the provision of any service by a credit society, including the establishment of any branch of the credit society and facilities for the provision of such service;
(c)
with respect to the investment policies and procedures to be maintained by a society;
(d)
with respect to the prudential requirements to be met by a credit society;
(e)
to require a society to engage, for the purposes of preparing the books and accounts of the society in one or more financial years, a person who is chosen by the society and is approved by the Registrar in writing; or
(f)
for any purpose specified in this Act or the rules made under this Act.[3/2018]
(4) The Registrar may at any time vary, rescind or revoke any written direction issued under subsection (2).
(5) To avoid doubt, any written direction issued under subsection (2) is deemed not to be subsidiary legislation.
Conversion of credit society to non-credit society, etc., on failure to comply with prudential requirements
Open ↗93A.—(1) If, in 2 or more consecutive financial years, a credit society fails to comply with any prudential requirement contained in a written direction issued under section 93(2) within the time specified in that direction, the Registrar may —(a)
by a subsequent written direction issued under section 93(2), order the society to stop receiving any new deposits after the expiry of a period specified in that subsequent written direction; and
(b)
cancel the registration of the society as a credit society.[3/2018]
(2) Where the registration of a society as a credit society is cancelled under subsection (1) —(a)
the society becomes a non‑credit society; and
(b)
the Registrar must notify the society in writing that its registration as a credit society is cancelled, starting on a date specified in the notice.[3/2018]
(3) A society that becomes a non‑credit society under this section —(a)
must stop doing any of the following things, starting on such date as the Registrar may determine (being a date that may be different from the date mentioned in subsection (2)(b)):(i)
make any new loan to any person;
(ii)
allow any new credit to any person;
(iii)
receive any new deposit from any person; and
(b)
must return, to every person from whom the society had received a deposit in accordance with section 68(2) while the society was a credit society, the deposit made by the person (including any interest accrued on the deposit) within 12 months after the date on which the registration of the society as a credit society is cancelled, or such shorter or longer period as the Registrar may determine in any particular case.[3/2018]
(4) A society that becomes a non‑credit society may continue to receive repayments of existing loans made and credit allowed in accordance with section 67 while the society was a credit society.[3/2018]
(5) A society that is aggrieved by any decision of the Registrar under subsection (1) may, within 2 months after the date of the Registrar’s decision, appeal in writing to the Minister, whose decision is final.[3/2018]
(6) Any society that contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for each day or part of a day during which the offence continues after conviction.[3/2018]
Codes, guidelines, etc., by Registrar
Open ↗93B.—(1) The Registrar may from time to time issue, and publish in such form and manner as the Registrar considers appropriate, such circulars, codes, guidelines and practice notes as the Registrar deems fit for providing guidance —(a)
in furtherance of the regulatory objectives of this Act;
(b)
in relation to any matter relating to any of the functions or powers of the Registrar under this Act; or
(c)
in relation to the operation of any provision of this Act or the rules made under this Act.
(2) The Registrar may, at any time, amend or revoke the whole or any part of any circular, code, guideline or practice note issued under this section.
(3) Where amendments are made under subsection (2) —(a)
the other provisions of this section apply, with the necessary modifications, to such amendments as they apply to the circular, code, guideline or practice note; and
(b)
any reference in this Act, the rules made under this Act or any other written law to the circular, code, guideline or practice note, however expressed, is, unless the context otherwise requires, a reference to the circular, code, guideline or practice note as so amended.
(4) Failure by any person to comply with any circular, code, guideline or practice note issued under this section that applies to the person does not of itself render that person liable to criminal proceedings, but any such failure may, in any proceedings, whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or negate any liability which is in question in the proceedings.
(5) To avoid doubt, any circular, code, guideline or practice note issued under this section is deemed not to be subsidiary legislation.
Powers of Registrar where committee of management of society not performing duties properly, etc.
Open ↗94.—(1) If the Registrar is satisfied, after due inquiry by a person appointed by the Registrar or for any other reason, that the committee of management of a society, or any member of that committee, is not performing the duties of that committee or member (as the case may be) properly at any time on or after 10 April 2018, or that there has been any misconduct or mismanagement in the administration of a society at any time on or after that date, the Registrar may by order do one or more of the following:(a)
suspend all or any of the activities of the society, for such period as the Registrar may specify;
(b)
in any case where the Registrar is satisfied that the committee of management of the society is not performing its duties properly, or that there has been misconduct or mismanagement in the administration of the society —(i)
remove the committee of management of the society; and
(ii)
order that the affairs and property of the society be managed and administered by a committee of at least 3 individuals, all of whom are appointed by the Registrar, on such terms and conditions and for such period as the Registrar may specify;
(c)
in any case where the Registrar is satisfied that the committee of management of the society is not performing its duties properly, or that there has been misconduct or mismanagement in the administration of the society —(i)
remove the committee of management of the society; and
(ii)
appoint one or more individuals as statutory manager, on such terms and conditions and for such period as the Registrar may specify, to manage and administer the affairs and property of the society;
(d)
remove one or more members of the committee of management of the society;
(e)
appoint one or more individuals as statutory adviser, on such terms and conditions and for such period as the Registrar may specify, to advise the society on the proper management of such of its affairs and property as the Registrar may determine;
(f)
appoint such number of additional individuals to the committee of management of the society as the Registrar considers necessary for the proper management of the society, on such terms and conditions and for such period as the Registrar may specify;
(g)
suspend, for a period not exceeding 24 months, any member of the committee of management of the society.[3/2018]
[Act 5 of 2025 wef 09/03/2025]
(1A) An order under subsection (1) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(2) Where subsection (1) applies, the Registrar may, in addition to the powers under that subsection, order the society to take such action (including refraining from doing any act) within such period as may be specified in the order, being action which the Registrar considers necessary or desirable —(a)
to ensure the proper performance of duties by the committee of management or by each member of that committee who has failed to perform that member’s duties properly, as the case may be; or
(b)
to remedy the misconduct or mismanagement in the administration of the society.[3/2018]
(3) The Registrar must, before exercising any power under subsection (1) or (2) —(a)
give to the committee of management of the society or the affected member of the committee (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and
(b)
consider the representations (if any) of the committee of management or that member, as the case may be.[3/2018]
(4) The allowances of an individual appointed to a committee of management under subsection (1), and the remuneration or fee of a statutory manager or statutory adviser appointed under that subsection, are to be paid out of the society’s funds or borne by such person (including, in the case of the remuneration or fee of a statutory manager or statutory adviser, the Co‑operative Societies Liquidation Account) as the Registrar determines.[3/2018]
(5) Subject to the general direction and control of the Registrar, a committee appointed under subsection (1)(b) or statutory manager appointed under subsection (1)(c) for a society has all the duties and powers of the committee of management of the society.[3/2018]
(6) The committee appointed under subsection (1)(b), and every statutory manager appointed under subsection (1)(c), must arrange, before the date on which the appointment ends, for the election of a new committee of management in accordance with the by‑laws of the society.[3/2018]
(7) Where the Registrar appoints 2 or more individuals as statutory manager of a society, the Registrar must specify, in the terms and conditions of the appointment, which of the duties, functions and powers of the statutory manager —(a)
may be discharged or exercised jointly and severally;
(b)
must be discharged or exercised jointly; and
(c)
must be discharged or exercised by one or more specified individuals.[3/2018]
(8) Where the Registrar has exercised the Registrar’s power under subsection (1) to appoint a statutory manager, a statutory adviser or any other individual, the Registrar may, by order, do one or more of the following:(a)
vary or revoke that appointment, on such terms and conditions as the Registrar may specify;
(b)
further exercise the Registrar’s power under subsection (1) to appoint another statutory manager, statutory adviser or individual;
(c)
add to, vary or revoke any term or condition specified by the Registrar for that appointment.[3/2018]
[Act 5 of 2025 wef 09/03/2025]
(8A) An order under subsection (8) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(9) The Registrar must, before exercising any power under subsection (8) —(a)
give the affected statutory manager, statutory adviser or individual (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and
(b)
consider the representations (if any) of that statutory manager, statutory adviser or individual, as the case may be.[3/2018]
(10) However, subsections (3) and (9) do not apply if the Registrar considers, in the circumstances of a particular case, that it is necessary to immediately exercise a power under subsection (1) or (2) and a power under subsection (8), respectively, in order to protect the interests of the members, or to protect the property, of the society.[3/2018]
(11) Where pursuant to subsection (10) the Registrar immediately exercises a power under subsection (1), (2) or (8), the committee of management of the society or the affected person (as the case may be) may, within one month after the Registrar makes the order under subsection (1), (2) or (8), apply to the Registrar to review that order.[3/2018]
(12) The Registrar may, on reviewing an order under subsection (11) —(a)
confirm the order;
(b)
vary the order; or
(c)
rescind the order.[3/2018]
(13) A person aggrieved by any order of the Registrar made under subsection (1), (2) or (8), or by any variation of that order under subsection (12), may appeal in writing to the Minister —(a)
in the case of an order made under subsection (1) after the Registrar complied with subsection (3) — within 2 months after the date of publication of that order in the Gazette;
(b)
in the case of an order made under subsection (2) after the Registrar complied with subsection (3) — within 2 months after the date of that order;
(c)
in the case of an order made under subsection (8) after the Registrar complied with subsection (9) — within 2 months after the date of publication of that order in the Gazette; or
(d)
in the case of an order made under subsection (1), (2) or (8) when, pursuant to subsection (10), the Registrar immediately exercised the power under subsection (1), (2) or (8) (as the case may be), or in the case of any variation of that order under subsection (12) — within 2 months after the date on which that order is confirmed or varied (as the case may be) under subsection (12).[3/2018]
(14) The decision of the Minister on an appeal under subsection (13) is final.[3/2018]
(15) Unless the Registrar directs otherwise in any particular case —(a)
a review under subsection (11) of the Registrar’s order does not affect the operation or implementation of the order; and
(b)
the order must be complied with until it is rescinded by the Registrar.[3/2018]
(16) Unless the Minister directs otherwise in any particular case —(a)
an appeal under subsection (13) against the Registrar’s order does not affect the operation or implementation of the order; and
(b)
the order must be complied with until it is set aside by the Minister.[3/2018]
(17) No liability shall lie personally against any statutory manager, statutory adviser or individual appointed under subsection (1) who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.[3/2018]
Powers of Registrar to protect interests of members or property of society
Open ↗94A.—(1) If the Registrar is satisfied, after due inquiry by a person appointed by the Registrar or for any other reason, that it is necessary or desirable to protect the interests of the members, or to protect the property, of a society, the Registrar may by order do one or more of the following:(a)
suspend all or any of the activities of the society, for such period as the Registrar may specify;
(b)
remove the committee of management of the society, and appoint one or more individuals as statutory manager, on such terms and conditions and for such period as the Registrar may specify, to manage and administer the affairs and property of the society;
(c)
appoint one or more individuals as statutory adviser, on such terms and conditions and for such period as the Registrar may specify, to advise the society on the proper management of such of its affairs and property as the Registrar may determine;
(d)
appoint such number of additional individuals to the committee of management of the society as the Registrar considers necessary for the proper administration of the society, on such terms and conditions and for such period as the Registrar may specify;
(e)
suspend, for a period not exceeding 24 months, any officer or employee of the society, and provide for arrangements during the period of suspension of that officer or employee (such as for the execution of any instrument, or the carrying out of any act, on behalf of that officer or employee);
(f)
prohibit the society from parting with the property without the Registrar’s approval.[3/2018]
[Act 5 of 2025 wef 09/03/2025]
(1A) An order under subsection (1) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(2) Where subsection (1) applies, the Registrar may, in addition to the powers under that subsection, order the society to take such action (including refraining from doing any act) within such period as may be specified in the order, being action which the Registrar considers necessary or desirable to protect the interests of the members, or to protect the property, of the society.[3/2018]
(3) The Registrar must, before exercising any power under subsection (1) or (2) —(a)
give to the committee of management of the society or the affected officer or employee (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and
(b)
consider the objections (if any) of the committee of management or that officer or employee, as the case may be.[3/2018]
(4) The allowances of an individual appointed to a committee of management under subsection (1), and the remuneration or fee of a statutory manager or statutory adviser appointed under that subsection, are to be paid out of the society’s funds or borne by such person (including, in the case of the remuneration or fee of a statutory manager or statutory adviser, the Co‑operative Societies Liquidation Account) as the Registrar determines.[3/2018]
(5) Subject to the general direction and control of the Registrar, a statutory manager appointed under subsection (1)(b) for a society has all the duties and powers of the committee of management of the society.[3/2018]
(6) Every statutory manager appointed under subsection (1)(b) must arrange, before the date on which the appointment ends, for the election of a new committee of management in accordance with the by‑laws of the society.[3/2018]
(7) Where the Registrar appoints 2 or more individuals as statutory manager of a society, the Registrar must specify, in the terms and conditions of the appointment, which of the duties, functions and powers of the statutory manager —(a)
may be discharged or exercised jointly and severally;
(b)
must be discharged or exercised jointly; and
(c)
must be discharged or exercised by one or more specified individuals.[3/2018]
(8) Where the Registrar has exercised the Registrar’s power under subsection (1) to appoint a statutory manager, a statutory adviser or any other individual, the Registrar may, by order, do one or more of the following:(a)
vary or revoke that appointment, on such terms and conditions as the Registrar may specify;
(b)
further exercise the Registrar’s power under subsection (1) to appoint another statutory manager, statutory adviser or individual;
(c)
add to, vary or revoke any term or condition specified by the Registrar for that appointment.[3/2018]
[Act 5 of 2025 wef 09/03/2025]
(8A) An order under subsection (8) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(9) The Registrar must, before exercising any power under subsection (8) —(a)
give the affected statutory manager, statutory adviser or individual (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and
(b)
consider the representations (if any) of that statutory manager, statutory adviser or individual, as the case may be.[3/2018]
(10) However, subsections (3) and (9) do not apply if the Registrar considers, in the circumstances of a particular case, that it is necessary to immediately exercise a power under subsection (1) or (2) and a power under subsection (8), respectively, in order to protect the interests of the members, or to protect the property, of the society.[3/2018]
(11) Where pursuant to subsection (10) the Registrar immediately exercises a power under subsection (1), (2) or (8), the committee of management of the society or the affected person (as the case may be) may, within one month after the Registrar makes an order under subsection (1), (2) or (8), apply to the Registrar to review that order.[3/2018]
(12) The Registrar may, on reviewing an order under subsection (11) —(a)
confirm the order;
(b)
vary the order; or
(c)
rescind the order.[3/2018]
(13) A person aggrieved by any order of the Registrar made under subsection (1), (2) or (8), or by any variation of that order under subsection (12), may appeal in writing to the Minister —(a)
in the case of an order made under subsection (1) after the Registrar complied with subsection (3) — within 2 months after the date of publication of that order in the Gazette;
(b)
in the case of an order made under subsection (2) after the Registrar complied with subsection (3) — within 2 months after the date of that order;
(c)
in the case of an order made under subsection (8) after the Registrar complied with subsection (9) — within 2 months after the date of publication of that order in the Gazette; or
(d)
in the case of an order made under subsection (1), (2) or (8) when, pursuant to subsection (10), the Registrar immediately exercised the power under subsection (1), (2) or (8) (as the case may be), or in the case of any variation of that order under subsection (12) — within 2 months after the date on which that order is confirmed or varied (as the case may be) under subsection (12).[3/2018]
(14) The decision of the Minister on an appeal under subsection (13) is final.[3/2018]
(15) Unless the Registrar directs otherwise in any particular case —(a)
a review under subsection (11) of the Registrar’s order does not affect the operation or implementation of the order; and
(b)
the order must be complied with until it is rescinded by the Registrar.[3/2018]
(16) Unless the Minister directs otherwise in any particular case —(a)
an appeal under subsection (13) against the Registrar’s order does not affect the operation or implementation of the order; and
(b)
the order must be complied with until it is set aside by the Minister.[3/2018]
(17) No liability shall lie personally against any statutory manager, statutory adviser or individual appointed under subsection (1) who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.[3/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
