Power of Minister to make rules
95.—(1) The Minister may make rules for the purpose of carrying out and giving effect to the provisions of this Act.
(2) Without limiting subsection (1), such rules may be made for or with respect to —(a)
any form to be used for any purpose under this Act;
(b)
the books, accounts and other documents to be kept by societies, including the preparation and submission of documents or information in compliance with governance requirements or best practices, and the disclosure of the level of such compliance by societies to the Registrar or an apex organisation;
(c)
the preparation, submission or audit of financial statements of societies, including the procedure for applying for relief from compliance with any requirement of the accounting standards or requirements referred to in section 34(7);
(d)
the conduct of a special audit of a society;
(e)
the administration and use of the Central Co‑operative Fund and the Co‑operative Societies Liquidation Account;
(f)
the making and collection of contributions to the Central Co‑operative Fund and the Singapore Labour Foundation, including the payment of any shortfall in contributions paid, the imposition of a prescribed penalty for late payment of contributions, the waiver, refund or remission (whether wholly or in part) of any penalty, and the appointment of agents to collect contributions and late payment penalties;
(g)
the maximum rate of dividend on share capital or subscription capital which may be paid by a society;
(h)
the governance of societies, and the appointment and removal of officers of societies;
(i)
any officer of a society who may be required to undergo such training, or comply with such other requirements, as the Registrar may specify, and any matter relating to such training or such other requirements;
(j)
other documents and information to be submitted by societies to the Registrar or an apex organisation;
(k)
the fees to be paid in respect of any document required to be submitted to, registered with or issued by the Registrar under this Act, for the inspection of any such document or for any other matter or thing required for the purposes of this Act, and the refund or remission, whether wholly or in part, of such fees;
(l)
the management of credit societies, the restrictions on advertising, and the regulation or control of activities and affairs of credit societies; and
(m)
any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.[3/2018]
(3) The rules made under subsection (1) —(a)
may be of general or specific application;
(b)
may provide that a contravention of any specified provision thereof shall be an offence; and
(c)
may provide for penalties not exceeding a fine of $10,000 for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $500 for every day or part of a day during which the offence continues after conviction.
Foreign co-operative societies
95A.—(1) The Minister may make rules for or with respect to the registration or regulation of co-operative societies which are registered, incorporated or formed outside Singapore, or a class thereof, and which carry on business in Singapore.
(2) Without limiting subsection (1), the Minister may, in making rules under subsection (1) in respect of co-operative societies which are registered, incorporated or formed outside Singapore, or a class thereof —(a)
specify the circumstances under which such co-operative societies or any class thereof is or is not regarded as carrying on business in Singapore; and
(b)
specify the provisions of this Act that apply to the co‑operative societies and the modifications subject to which they apply.
(3) The rules made under subsection (1) —(a)
may provide that a contravention of any specified provision thereof shall be an offence; and
(b)
may provide for penalties not exceeding a fine of $10,000 for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $500 for every day or part of a day during which the offence continues after conviction.
Special power of Minister to grant exemption from requirements as to registration
96. Despite anything in this Act, the Minister may, by special order in the Gazette in each case and subject to such conditions (if any) as the Minister may impose, exempt a proposed society from any of the requirements of this Act as to registration.[3/2018]
Special power of Minister to exempt societies from provisions of this Act
97. The Minister may, by general or special order in the Gazette and subject to such conditions (if any) as the Minister may impose, exempt a society or class of societies from any of the provisions of this Act or the Rules, or may direct that those provisions apply to a society or class of societies, starting on such date or with such modifications as may be specified in the order.[3/2018]
General exemption
97A. Despite anything in this Act, the Minister may, by order in the Gazette and subject to such conditions (if any) as the Minister may impose, exempt any person or class of persons from any of the provisions of this Act or the Rules.[3/2018]
Amendment of Schedule
97B.—(1) The Minister may at any time, by order in the Gazette, amend the Schedule.
(2) The Minister may, in any order made under subsection (1), make such saving, transitional, incidental, consequential or supplementary provisions as may be necessary or expedient.[3/2018]
Power to freeze bank accounts
97C.—(1) Where the Minister is satisfied that it is necessary to prevent the loss or misuse of the funds of a society, the Minister may, by order, direct a financial institution not to do either of the following for a specified period not exceeding 3 months:(a)
pay any money out of the account of the society;
(b)
pay any cheque drawn on the account of the society.[3/2018]
(2) A financial institution that complies with an order of the Minister under subsection (1) is not liable to any other person in respect of a payment prohibited by the order.[3/2018]
(3) Any financial institution that contravenes an order of the Minister under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.[3/2018]
(4) In this section, “financial institution” means —(a)
a bank licensed under the Banking Act 1970;
(b)
a finance company licensed under the Finance Companies Act 1967; or
(c)
a society (other than the society mentioned in subsection (1)) that is a credit society.[3/2018]
Recovery of sums due to Government
98.—(1) All sums, due from a society or from an officer or past officer or member or past member of a society as such to the Government, may be recovered in the manner provided for the recovery of debts due to the Government under any written law for the time being in force.[3/2018]
(2) Sums due from a society to the Government and recoverable under subsection (1) may be recovered first, from the property of the society and, secondly, from the members subject to the limit of their liability.
Prohibition on use of word “co-operative”
99.—(1) No person other than a society may trade or carry on business under a name or title of which the word “Co‑operative” or its equivalent in another language is part, without the Registrar’s consent, except that nothing in this section applies to the use by any person or the person’s successor in interest of a name or title under which the person traded or carried on business at 1 January 1980.
(2) Every person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
General penalty
100.—(1) Subject to the provisions of this Act, it is an offence if —(a)
a society, or any officer or member of a society, or any other person, neglects or refuses to do an act or furnish information required for the purposes of this Act by the Minister, the Registrar or a person duly authorised in that behalf by the Minister or Registrar, as the case may be;
(b)
a person makes a false return or declaration or furnishes false information under this Act;
(c)
a person (called in this paragraph the provider) provides or furnishes, or causes to be provided or furnished, to the Registrar or a person duly authorised by the Registrar, any return, declaration, document or information that the provider knows, or is reckless as to whether, is false or misleading;
(d)
a person, without reasonable excuse, disobeys any summons, requisition, written direction or written order issued under this Act or does not furnish information required from the person by a person authorised to do so under this Act;
(e)
a person acts or purports to act as a member of the committee of management of a society when not entitled to do so;
(f)
a society, or any officer or member thereof, performs any act which requires the consent or approval of the Registrar without first having obtained the consent or approval;
(g)
a society, or any officer or member thereof, neglects or refuses to do any act or thing which is required by or under this Act to be done;
(h)
a society, or any officer or member thereof, does or causes to be done any act or thing which is prohibited by this Act; or
(i)
a person, without reasonable excuse, hinders, delays or obstructs the Registrar, or a person duly authorised by the Registrar, in the exercise of the Registrar’s powers or the discharge of the Registrar’s duties under this Act, or interferes with the exercise or discharge of the Registrar’s powers or duties.[3/2018]
(2) Any society which fails to comply with a term or condition of its registration, or of any approval granted by the Registrar under section 16A, shall be guilty of an offence.
(3) Every society, officer, agent, employee or member of a society or other person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
False reports made by officer to member of committee of management, auditor or member of society
100A.—(1) Any officer of a society who, with intent to deceive, makes or furnishes, or knowingly and wilfully authorises or permits the making or furnishing of, any false or misleading statement or report —(a)
to a member of the committee of management, an auditor, or a member of the society; or
(b)
in the case of a society that is a subsidiary, to an auditor of the parent society,
relating to the affairs of the society, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
[23/2008]
(2) In subsection (1), “officer” includes a person who at any time has been an officer of the society. [23/2008]
Wilful falsification of book, etc., of society
100AA. Any person who does any of the following shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both:(a)
wilfully make, or cause to be made, a false entry in any book, record or other document of a society;
(b)
wilfully omit, or cause to be omitted, an entry in any book, record or other document of a society;
(c)
wilfully remove, conceal or destroy an entry in any book, record or other document of a society;
(d)
wilfully make, or cause to be made, an alteration, to an entry in any book, record or other document of a society, which causes the entry to be false or misleading in a material particular.[3/2018]
Unlawful alteration, suppression, etc., of documents
100AB. A person shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both, if the person intentionally alters, suppresses, conceals or destroys any document, information or property that the person is required, by or under this Act or the Rules, to produce or furnish to —(a)
the Minister;
(b)
the Registrar; or
(c)
a person duly authorised by the Minister or Registrar to act on behalf of the Minister or Registrar, as the case may be.[3/2018]
Fraudulently inducing persons to invest or deposit money with society
100B. Whoever, being an officer or agent of any society, by any deceitful means or false promise and with intent to defraud, causes or procures any money to be paid to or deposited with that society or himself or herself or any other person for the use or benefit or on account of that society shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 5 years or to both.
False or misleading statement or information to induce person to join society, etc.
100BA. Any member or officer of a society shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both, if that member or officer —(a)
makes or disseminates any statement that is false or misleading in a material particular, with the intention of inducing another person —(i)
to become a member of the society; or
(ii)
to enter into any contract, transaction or arrangement with the society for the benefit of the society or its members; and
(b)
at the time the statement is made or disseminated, knows that, or is reckless as to whether, the statement is false or misleading in a material particular.[3/2018]
Fraud by officers against creditors of societies
100C.—(1) Every person who, while an officer of a society —(a)
has by deceitful or fraudulent or dishonest means or by means of any other fraud induced any person to give credit to the society;
(b)
with intent to defraud creditors of the society, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the execution of any enforcement order against, the property of the society; or[Act 25 of 2021 wef 01/04/2022]
(c)
with intent to defraud creditors of the society, has concealed or removed any part of the property of the society since or within 2 months before the date of any unsatisfied judgment or order for payment of money obtained against the society,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 years or to both.
(2) If, in the course of the winding up of a society or in any proceedings against a society, it appears that an officer of the society who was knowingly a party to the contracting of a debt had, at the time the debt was contracted, no reasonable or probable ground of expectation, after taking into consideration the other liabilities (if any) of the society at the time, of the society being able to pay the debt, the officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
Offences by bodies corporate, etc.
100D.—(1) Where an offence under this Act or the rules made under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act or the rules made thereunder committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act or the rules made thereunder committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes any person purporting to act as a partner.
(6) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Jurisdiction of court
100E. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act or the rules made under this Act and has power to impose the full penalty or punishment in respect of the offence.
Composition of offences
100F.—(1) The Registrar may compound any offence under this Act or the rules made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence.
Certain Acts not to apply
101. The provisions of the Companies Act 1967, the Insolvency, Restructuring and Dissolution Act 2018 and the Societies Act 1966 do not apply to societies registered under this Act.[40/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
