# legal_provisions

document_id: cpfa-1953
provision_ref: s36
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 36
title: Amount payable by Board on death or incapacity of member of Scheme
content:
36. —(1) Where a member of the Scheme dies at any time during the period he or she is insured under the Scheme, the Board must, upon proof of death, pay such amount deducted from the Scheme member’s insured sum as may be prescribed by regulations made under this Part — ( a ) in any case where there exist such circumstances as may be prescribed by those regulations — (i) to such person or persons (other than the Housing Authority or the approved mortgagee) and in such manner as may be prescribed by those regulations; and (ii) if that amount is payable to 2 or more persons, in such proportion as may be determined by the Board; or ( b ) in any other case, to the Housing Authority or the approved mortgagee. [24/2013; 6/2016] (2) Subject to subsections (3), (4) and (5), where there is a claim made to the Board by a member of the Scheme on the ground of incapacity at any time during the period he or she is insured under the Scheme, the Board must, upon proof of incapacity — ( a ) in any case where there exist such circumstances as may be prescribed by regulations made under this Part, pay such amount deducted from the Scheme member’s insured sum as may be prescribed by those regulations to be payable at the time of incapacity of the member — (i) to such person or persons (other than the Housing Authority or the approved mortgagee) and in such manner as may be prescribed by those regulations; and (ii) if that amount is payable to 2 or more persons, in such proportion as may be determined by the Board; or ( b ) in any other case, pay to the Housing Authority or the approved mortgagee the monthly or other periodic loan instalments which the member of the Scheme is liable to pay to the Housing Authority or the approved mortgagee under the housing loan for a period not exceeding 2 years, by deducting the amount from the Scheme member’s insured sum. [24/2013; 6/2016] (3) To avoid doubt, where the housing loan is taken from a Housing Authority or an approved mortgagee by 2 or more members of the Scheme in respect of property purchased jointly by the members, the monthly or other periodic loan instalments payable by the Board under subsection (2)( b ) on account of the incapacity of a member are in proportion to that member’s liability for the repayment of the housing loan as declared by that member to, and accepted by, the Board. [24/2013] (4) The Board must cease payment to the Housing Authority or the approved mortgagee under subsection (2)( b ) if the member of the Scheme is no longer incapacitated. [24/2013] (5) Where the Board ceases payment to the Housing Authority or the approved mortgagee under subsection (4), the member of the Scheme remains insured under the Scheme for the Scheme member’s insured sum less any amount that the Board has paid under subsection (2)( b ). [24/2013; 6/2016] (6) Despite subsection (2)( b ), if the incapacity of the Scheme member is in the opinion of the Board likely to continue for more than 2 years, the Board must pay the Housing Authority or the approved mortgagee an amount as is prescribed by regulations made under this Part. [6/2016] (7) Where a claim under the Scheme is made in respect of the incapacity of a member of the Scheme, the Board may backdate any payment to be made by the Board to the Housing Authority or the approved mortgagee under this section to the date on which the incapacity occurred. (8) The amount payable by the Board under this section on the death or incapacity of a member of the Scheme is not more than the aggregate of — ( a ) the outstanding amount of any housing loan taken in respect of the immovable property for which the member of the Scheme is insured at the time of that member’s death or incapacity; and ( b ) the amount of interest accrued on the outstanding amount mentioned in paragraph ( a ) up to the date the outstanding amount is paid. [37/2019] (8A) The Board must credit the excess of the Scheme member’s insured sum over the amount payable under this section to the Scheme member’s account in the Fund. [6/2016] (8B) Any payment of interest made by the Board in respect of a Scheme member before 1 January 2020 which, if made on or after that date, would be permitted under subsection (8) is taken to be and always to have been validly made; and no legal proceedings lie or may be instituted or maintained, in any court of law on account of or in respect of any such payment. [37/2019] (9) The Board is not required to make any payment in respect of any member of the Scheme — ( a ) if the death or incapacity of the member — (i) in the case of a member who was insured under the Scheme before 1 March 2001, occurs within one year from the date he or she is insured under the Scheme and the death is the result of suicide or the incapacity is the result of deliberate self‑injury; or (ii) in the case of a member who was insured under the Scheme on or after 1 March 2001, is the result of suicide or deliberate self‑injury committed within one year from the date that he or she is insured under the Scheme; ( b ) if the member suffered capital punishment for any criminal act committed within one year from the date that he or she is insured under the Scheme; ( c ) if the death or incapacity of the member, directly or indirectly, arose out of or is consequent upon or contributed by his or her own intentional criminal act committed within one year from the date that he or she is insured under the Scheme; or ( d ) if the death or incapacity of that member arises from war or any warlike operations or participation in any riot. (10) The Board is not required to make any payment in respect of any member of the Scheme if the member — ( a ) makes or furnishes to the Board any statement or fact that is false or misleading in a material particular; ( b ) fails to disclose to the Board any material fact or circumstance known to the member at the time he or she is required to be insured under the Scheme which might influence the Board as to whether he or she should be insured under the Scheme; or ( c ) was suffering from an illness when the member joined the Scheme, unless the Board permitted the member to join the Scheme when it knew that the member was suffering from that illness. [6/2016] (11) Subsection (9) does not limit the particulars, facts and circumstances which may be taken to be material for the purposes of subsection (10)( a ) or ( b ). [6/2016] (12) Despite subsections (9) and (10), the Board may, on proof of death or incapacity of a Scheme member, pay in any circumstances prescribed by regulations made under this Part the whole or part of the insured sum. [6/2016] (13) Any payment made by the Board in respect of a Scheme member before 1 May 2016, which if made after that date would be permitted under subsection (12), is taken to be and always to have been validly paid, and no legal proceedings lie or may be instituted or maintained in any court of law on account of or in respect of any such payment. [6/2016]


document_id: cpfa-1953
provision_ref: s37
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 37
title: Housing Authority or approved mortgagee to send notice to Board on payment of premium
content:
37. —(1) Where a member of the Scheme is required to pay a premium to the Home Protection Fund under section 32, the Housing Authority or the approved mortgagee (as the case may be) must send a written notice thereof to the Board within 14 days from the date the premium is payable by the member of the Scheme. (2) Every notice under subsection (1) must be in such form as the Board may require.


document_id: cpfa-1953
provision_ref: s39
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 39
title: Regulations for purposes of this Part
content:
39. The Minister may make such regulations as are necessary or expedient for the purpose of carrying out the provisions of this Part and, in particular, such regulations may — ( a ) provide for the different classes of members of the Scheme and the rates of premium payable by such members; ( aa ) provide for the maximum amount of premium loading payable by members; [Act 33 of 2024 wef 26/05/2025] ( b ) provide for the manner and time for payment of premiums and premium loading by the different classes of members of the Scheme; [Act 33 of 2024 wef 26/05/2025] ( c ) provide for the period and commencement of cover under the Scheme; ( ca ) prescribe the insured sum in respect of each class of Scheme members; ( d ) provide, in respect of each class of members of the Scheme, for the amount of money payable by the Board to the Housing Authority or the approved mortgagee in the event of the death or incapacity of a member of the Scheme; ( da ) prescribe the circumstances referred to in section 36(1)( a ) and (2)( a ) under which the Board may make payment to any person other than the Housing Authority or the approved mortgagee, the person or persons to whom such payment may be made and the manner in which such payment may be made; ( e ) provide, in respect of each class of members of the Scheme, for the amount of money payable by the Board under the Scheme where the prescribed premium has not been fully paid; ( ea ) [ Deleted by Act 6 of 2016 ] ( f ) provide the circumstances for the refund of any premium or premium loading (and the whole or such part, as the Board may determine, of any interest that would have been payable on the amount of the premium or premium loading if that amount had been standing to a person’s credit in the person’s account in the Fund), and the manner and rate of such refunds; [Act 33 of 2024 wef 26/05/2025] ( g ) prescribe the evidence to be produced and the person, officer or authority to whom that evidence is to be produced for the purposes of this Part; ( h ) provide for the manner in which money in the Home Protection Fund may be invested; ( i ) provide for the premium payable by members of the Scheme in cases where the immovable property is purchased in joint names; ( j ) provide for such information, evidence and documents that the Board may require a member of the Scheme to furnish for the purposes of this Part; and ( k ) prescribe anything which the Minister may prescribe under this Part. [23/2012; 24/2013; 6/2016]


document_id: cpfa-1953
provision_ref: s40
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 40
title: Interpretation of this Part
content:
40. In this Part — “appointed insurer” means any person who is licensed under the Insurance Act 1966 to carry on insurance business in Singapore and who is appointed by the Board to take over the whole or any part of the Board’s liabilities under the Scheme or to provide insurance cover to any person under the Scheme; “incapacitated” has the meaning given by section 28; “insured person” means a person who is insured under the Scheme; “insured sum” means the sum prescribed in regulations made under this Part which is payable on the incapacity or death of the insured person; “premium” means the annual premium payable by an insured person; “Scheme” means the Dependants’ Protection Insurance Scheme established and maintained by the Board under section 41; “serious illness”, in relation to an insured person, means any illness that — ( a ) is likely to result in a claim under that insured person’s insurance cover under the Scheme; and ( b ) the Board has specified for the purposes of section 43(1), in a manner accessible to the insured person, as a serious illness which the insured person must disclose to the Board. [11/2013; 6/2016]


document_id: cpfa-1953
provision_ref: s41
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 41
title: Establishment of Dependants’ Protection Insurance Scheme
content:
41. The Board may establish and maintain a Dependants’ Protection Insurance Scheme for the purpose of providing that, on the incapacity or death of an insured person at any time during the period in which he or she is insured under the Scheme, the insured sum is paid in respect of that insured person in accordance with the provisions of this Part.


document_id: cpfa-1953
provision_ref: s42
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 42
title: Persons insured under Scheme
content:
42. —(1) Subject to the provisions of this Part, every member of the Fund for whom any contribution has been paid into the Fund on or after 14 May 1989 is insured under the Scheme. (2) Subsection (1) does not apply to — ( a ) any member of the Fund who has not attained the age of 16 years or who has attained the age of 60 years or such other age as the Minister may in either case prescribe; ( b ) any member of the Fund who is neither a citizen nor a permanent resident of Singapore; ( c ) any member of the Fund who has lodged a written notice under subsection (3) stating that he or she does not wish to be insured under the Scheme; and ( d ) any member or class of members of the Fund whom the Minister may, by notification in the Gazette , specify. (3) Any person referred to in subsection (1) who does not wish to be insured under the Scheme may lodge a written notice in the prescribed manner stating that he or she does not wish to be insured under the Scheme. (4) Despite subsection (2) but without affecting section 43A, any member of the Fund who is not insured under the Scheme may apply in the prescribed manner to be insured under the Scheme. [6/2016] (5) The Board or an appointed insurer (as the case may be) may approve any application under subsection (4) in the prescribed manner. (6) The Board or an appointed insurer (as the case may be) may, in such circumstances as may be prescribed by regulations made under this Part — ( a ) refuse to insure, under the Scheme, any person who has made an application under subsection (4); ( b ) insure a person under the Scheme subject to such terms and conditions as the Board or appointed insurer may impose either generally or in a particular case; or ( c ) continue to insure a person referred to in section 43(1), subject to such terms and conditions as the Board or appointed insurer may impose either generally or in a particular case. [6/2016]


document_id: cpfa-1953
provision_ref: s42A
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 42A
title: Application to persons below 21 years of age
content:
42A. —(1) On or after 1 January 2014 — ( a ) where any person has attained the age of 16 years (or such other age as the Minister may prescribe in place thereof) but is below 21 years of age, he or she may do any thing under this Part, or any regulations made under section 51, as if he or she were of full age; and ( b ) the provisions of this Part and any regulations made under section 51 apply to any person who has attained the age of 16 years (or such other age as the Minister may prescribe in place thereof) but is below 21 years of age, as if he or she were of full age. [24/2013] (2) Where, before 1 January 2014, a person below 21 years of age did any thing under this Part, or any regulations made under section 51, which would have been validly done if he or she were of full age, that thing is deemed to be and always to have been validly done by him or her. [24/2013] (3) Section 42(4) and (5) does not apply to any member of the Fund unless he or she has attained the age of 16 years (or such other age as the Minister may prescribe in place thereof). [24/2013] (4) This section applies subject to any contrary age requirement expressly provided under this Act in respect of — ( a ) any thing done under this Part, or any regulations made under section 51; or ( b ) any provision of this Part or of any regulations made under section 51. [24/2013] (5) Section 147 of the Insurance Act 1966 does not apply to — ( a ) any thing done under this Part, or any regulations made under section 51; or ( b ) the application of any provision of this Part and of any regulations made under section 51. [24/2013]


document_id: cpfa-1953
provision_ref: s43
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 43
title: Board may cancel insurance cover
content:
43. —(1) If the Board has reason to believe that an insured person is incapacitated or suffering from serious illness on or before the date of commencement of his or her insurance cover under the Scheme, the Board may cancel the cover of that person under the Scheme and upon such cancellation that person ceases immediately to be insured under the Scheme. [6/2016] (2) All premiums paid by any person whose cover under the Scheme has been cancelled under subsection (1), together with the whole or such part, as the Board may determine, of the interest that would have been payable if the amount of such premiums had been standing to the credit of that person’s account in the Fund, must be refunded in such manner as may be prescribed by regulations made under this Part. [23/2012] (3) No refund is to be made under subsection (2) if the person has made or furnished to the Board any statement or fact that is false or misleading in a material particular. (4) This section applies only in relation to an insured person for whose insurance cover under the Scheme the Board remains liable to pay the insured sum by virtue of section 49A(2)( a ). (5) Subsection (1) applies to a person’s insurance cover under the Scheme which commenced before, on or after 1 May 2016. [6/2016] (6) Where a person’s insurance cover under the Scheme — ( a ) was cancelled before 1 May 2016; and ( b ) could be cancelled under subsection (1) if it were still in force on that date, that cancellation is taken to be and always to have been validly made, and no legal proceedings lie or may be instituted or maintained in any court of law on account of or in respect of that cancellation. [6/2016]


document_id: cpfa-1953
provision_ref: s43A
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 43A
title: Board may reinstate, etc., member’s cover
content:
43A. The Board may reinstate an insured person’s cover under the Scheme or issue a cover to any person, in such circumstances as may be prescribed by regulations made under this Part. [6/2016]


document_id: cpfa-1953
provision_ref: s44
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 44
title: Board may require insured person to furnish information
content:
44. —(1) The Board may require any insured person to furnish to the Board such information as the Board thinks fit regarding the life and health of the insured person or members of his or her family. (2) The Board may also require any insured person to undergo such medical examination as the Board thinks fit. (3) This section applies only in relation to an insured person for whose insurance cover under the Scheme the Board remains liable to pay the insured sum by virtue of section 49A(2)( a ).


document_id: cpfa-1953
provision_ref: s45
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 45
title: Premium
content:
45. —(1) Every insured person must pay a premium of an amount prescribed by regulations made under this Part. (2) Despite anything in this Act but subject to subsection (4), the Board is entitled to deduct the whole or any part of a premium payable by an insured person from the moneys standing to the credit of the insured person in any of his or her accounts in the Fund. [Act 33 of 2024 wef 19/01/2025] (2A) For the purposes of subsection (2), the deduction may be made from different accounts in the Fund for different classes of members or a particular member. [Act 33 of 2024 wef 19/01/2025] (3) Where, by virtue of section 49A, the insurance cover of an insured person under the Scheme is being provided by an appointed insurer, the Board must pay the amount of the premium deducted under subsection (2) to that appointed insurer. (4) Where any premium payable by an insured person under the Scheme is not paid in the manner or within the time prescribed by regulations made under section 51, either or both of the following apply: ( a ) the Board or appointed insurer may deduct the unpaid amount (in whole or in part) from any payment for an insured sum that the Board or appointed insurer (as the case may be) may make under the Scheme under section 49; ( b ) the unpaid amount (in whole or in part) may be paid in such other manner and within such time as the Board may allow. [Act 33 of 2024 wef 19/01/2025] 46. [ Repealed by Act 24 of 2005 ]


document_id: cpfa-1953
provision_ref: s47
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 47
title: Period of cover
content:
47. —(1) On payment of the prescribed premium payable under section 45 for an insured person, the person is covered under the Scheme by the Board or an appointed insurer assigned by the Board (as the case may be) for a period of 12 months beginning on — ( a ) the date of such payment; or ( b ) where the insured person’s insurance cover is issued under section 43A, such other date as may be prescribed under section 51( e ). [6/2016] (2) Subject to the provisions of this Part, the insurance cover under the Scheme must be renewed annually in accordance with the prescribed requirements.


document_id: cpfa-1953
provision_ref: s48
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 48
title: Rights and benefits under Scheme not assignable or transferable
content:
48. The rights and benefits of an insured person arising from his or her insurance cover under the Scheme are not assignable or transferable.


document_id: cpfa-1953
provision_ref: s48A
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 48A
title: Insurance policy under Scheme not to create trust
content:
48A. —(1) A policy of insurance issued under the Scheme is not to be deemed to create any legal or equitable trust. (2) Section 73 of the Conveyancing and Law of Property Act 1886 and section 132 of the Insurance Act 1966 do not apply to any policy of insurance issued under the Scheme.


document_id: cpfa-1953
provision_ref: s49
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 49
title: Amount payable on death or incapacity of insured person
content:
49. —(1) Where an insured person dies at any time during the period he or she is insured under the Scheme, the insured sum must, upon proof of death, be paid by the Board or an appointed insurer (as the case may be) in accordance with the prescribed requirements. (2) Where there is a claim made under the Scheme by an insured person on the ground of incapacity at any time during the period he or she is insured under the Scheme, the insured sum must, upon proof of incapacity, be paid to him or her by the Board or an appointed insurer (as the case may be) in accordance with the prescribed requirements.


document_id: cpfa-1953
provision_ref: s49A
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 49A
title: Transfer of Board’s liabilities under Scheme
content:
49A. —(1) The Minister may make regulations to transfer the whole or any part of the Board’s liabilities under the Scheme (including the insurance covers issued under the Scheme that give rise to such liabilities) to one or more appointed insurers. (2) Without limiting subsection (1), regulations made under that subsection may — ( a ) prescribe the cases in which or the circumstances under which the Board continues to be liable to pay the insured sum in respect of insured persons whose insurance covers under the Scheme have been transferred to an appointed insurer; ( b ) provide for such consequential, saving and transitional provisions as are necessary to facilitate the transfer of the Board’s liabilities under the Scheme; ( c ) prescribe the necessary modifications to be made to any other provision of this Act in order to bring such provision into conformity with the transfer of the Board’s liabilities under the Scheme; and ( d ) provide for such other matters as the Minister thinks necessary or expedient for the transfer of the Board’s liabilities under the Scheme. (3) The Board may require any appointed insurer to transfer to another appointed insurer, in such manner and on such terms and conditions as the Board thinks fit, those liabilities of the Board under the Scheme that have been transferred to the firstmentioned appointed insurer under this section. (4) The transfer of any liability under the Scheme — ( a ) by the Board to an appointed insurer under subsection (1); or ( b ) by one appointed insurer to another appointed insurer pursuant to the requirement of the Board under subsection (3), may be made, and is valid and effectual, despite anything to the contrary in any written law or rule of law or the absence of any agreement or consent which would otherwise be necessary. (5) If any question arises as to whether any particular liability of the Board under the Scheme has been transferred to an appointed insurer under this section, a certificate under the hand of the Minister is conclusive evidence that the liability was or was not so transferred. (6) An appointed insurer to whom the whole or any part of the Board’s liabilities under the Scheme have been transferred under this section must provide insurance cover to every transferred insured person in accordance with such requirements as may be specified by the Board, including requirements relating to — ( a ) the minimum benefits and rights that the appointed insurer must confer upon the person; and ( b ) the terms and conditions subject to which the appointed insurer may issue insurance cover to the person.


document_id: cpfa-1953
provision_ref: s49B
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 49B
title: Application of moneys in dissolved Dependants’ Protection Insurance Fund, etc.
content:
49B. —(1) Upon the dissolution of the Dependants’ Protection Insurance Fund (called in this section the dissolved Fund), the Board may — ( a ) subject to such terms or conditions as it thinks fit to impose, pay such part of the moneys of the dissolved Fund as the Board may determine to each of the appointed insurers to which the Board’s liabilities under the Scheme have been transferred under section 49A; and ( b ) retain such part of the moneys of the dissolved Fund as it thinks necessary for meeting — (i) any of its own liabilities under the Scheme that may have arisen prior to the transfer; and (ii) any costs and expenses incurred by it in maintaining the Scheme. (2) Every amount paid by the Board out of the dissolved Fund before the dissolution of that Fund, or out of the moneys of the dissolved Fund upon or after the dissolution of that Fund but before 30 December 2011, to defray the costs and expenses incurred by the Board in establishing and maintaining the Scheme is deemed to be and always to have been validly paid, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such payment. (3) The Board may — ( a ) transfer to the Fund such part of the moneys of the dissolved Fund retained under subsection (1)( b ) as it thinks fit; and ( b ) apply the transferred moneys towards meeting — (i) any of its own liabilities under the Scheme that may have arisen prior to the transfer under section 49A; and (ii) any costs and expenses incurred by it in maintaining the Scheme. [24/2013]


document_id: cpfa-1953
provision_ref: s49C
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 49C
title: Disclosure of information
content:
49C. —(1) The Board may, from time to time, give to an appointed insurer to which its liabilities under the Scheme have been transferred under section 49A such information (including medical information) as is in the Board’s possession that — ( a ) relates to any member; and ( b ) is required by the appointed insurer in order that the appointed insurer may properly fulfill its obligations in relation to that member under the Scheme. (2) An appointed insurer must not use any information given to it by the Board under subsection (1) except for such purposes as may be approved by the Board. (3) For the purposes of ensuring that the provisions of this Part are being complied with, the Board may require an appointed insurer or any member to furnish to the Board such documents or information as the Board thinks necessary.


document_id: cpfa-1953
provision_ref: s50
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 50
title: Non-application of Insurance Act 1966
content:
50. The Insurance Act 1966 does not apply — ( a ) to anything done by the Board under this Part; or ( b ) to the transfer of any of the Board’s liabilities under the Scheme under section 49A(1) or (3).


document_id: cpfa-1953
provision_ref: s51
chapter: PART 5 - DEPENDANTS’ PROTECTION INSURANCE SCHEME
section: 51
title: Regulations for purposes of this Part
content:
51. The Minister may make such regulations as are necessary and expedient for the purpose of carrying out the provisions of this Part and, in particular, such regulations may — ( a ) provide for the rate of premium payable by insured persons; ( b ) provide for the manner and time of payment of premiums; ( c ) prescribe the amount of the insured sum; ( d ) provide for the refund of any premium (and the whole or such part, as the Board may determine, of any interest that would have been payable on the amount of the premium if that amount had been standing to an insured person’s credit in the person’s account in the Fund), the manner in which the premium and interest are to be refunded and the circumstances in which the refund is to be made and at such rates as the Minister may prescribe; ( e ) provide for the commencement of cover under the Scheme; ( f ) prescribe the evidence to be produced and the person, officer or authority to whom that evidence is to be produced for the purposes of this Part; ( g ) provide for the manner in which the insured sum must be paid in respect of any insured person under the Scheme; ( ga ) provide for the cases in which or the circumstances under which the insured sum is not payable in respect of any insured person under the Scheme; ( h ) provide for such information, evidence and documents that the Board may require an insured person to furnish for the purposes of this Part; and ( i ) prescribe anything which the Minister may prescribe under this Part. [23/2012; 6/2016]


document_id: cpfa-1953
provision_ref: s52
chapter: PART 6 - MEDISHIELD SCHEME
section: 52
title: Interpretation of this Part
content:
52. In this Part — “appointed insurer” means any person who is licensed under the Insurance Act 1966 to carry on insurance business in Singapore and who is appointed by the Board to take over any part of the Board’s liabilities under the Scheme or to provide insurance cover to any person under the Scheme; “approved hospital” means any hospital approved by the Minister for Health; “insured person” means a person who is insured under the Scheme; “MediShield Fund” means the fund established and maintained by the Board under section 56 as in force immediately before 1 November 2015; “Scheme” means the medical insurance scheme called the MediShield Scheme established and maintained by the Board under section 53 as in force immediately before 1 November 2015. [11/2013; 4/2015] 53. [ Repealed by Act 4 of 2015 ] 53A. [ Repealed by Act 4 of 2015 ] 54. [ Repealed by Act 4 of 2015 ] 55. [ Repealed by Act 4 of 2015 ] 56. [ Repealed by Act 4 of 2015 ]


document_id: cpfa-1953
provision_ref: s56A
chapter: PART 6 - MEDISHIELD SCHEME
section: 56A
title: Transfer of liabilities under Scheme
content:
56A. —(1) The Minister may make regulations to transfer any part of the Board’s liabilities under the Scheme (including the insurance covers issued under the Scheme that give rise to such liabilities) to one or more appointed insurers. (2) Without limiting subsection (1), regulations made under that subsection may — ( a ) prescribe the cases in which or the circumstances under which the Board continues to be liable to make payments to insured persons whose insurance covers under the Scheme have been transferred to an appointed insurer; ( b ) provide for such consequential, saving and transitional provisions as are necessary to facilitate the transfer of the Board’s liabilities under the Scheme; ( c ) prescribe the necessary modifications to be made to any other provision of this Act in order to bring such provision into conformity with the transfer of the Board’s liabilities under the Scheme; and ( d ) provide for such other matters as the Minister thinks necessary or expedient for the transfer of the Board’s liabilities under the Scheme. (3) The Board may require any appointed insurer to transfer to another appointed insurer, in such manner and on such terms and conditions as the Board thinks fit, those liabilities of the Board under the Scheme that have been transferred to the firstmentioned appointed insurer under this section. (4) The transfer of any liability under the Scheme — ( a ) by the Board to an appointed insurer under subsection (1); or ( b ) by one appointed insurer to another appointed insurer pursuant to the requirement of the Board under subsection (3), may be made, and is valid and effectual, despite anything to the contrary in any written law or rule of law or the absence of any agreement or consent which would otherwise be necessary. (5) If any question arises as to whether any particular liability of the Board under the Scheme has been transferred to an appointed insurer under this section, a certificate under the hand of the Minister is conclusive evidence that the liability was or was not so transferred. (6) An appointed insurer to whom any part of the Board’s liabilities under the Scheme have been transferred under this section must provide insurance cover to every transferred insured person in accordance with such requirements as may be specified by the Board, including requirements relating to — ( a ) the minimum benefits and rights that the appointed insurer must confer upon the person; and ( b ) the terms and conditions subject to which the appointed insurer may issue insurance cover to the person. (7) Upon the transfer of the Board’s liabilities under the Scheme to an appointed insurer under subsection (1), the Board may — ( a ) subject to such terms or conditions as it thinks fit to impose, pay to the appointed insurer such part of the moneys in the MediShield Fund as the Board thinks necessary to enable the appointed insurer to meet the liabilities so transferred to it; and ( b ) retain such part of the moneys in the MediShield Fund as it thinks necessary for meeting any of its own liabilities under the Scheme that may have arisen prior to the transfer. (8) The Board may, by arrangement with an insurer, take over such of the undertakings of the insurer which, in the opinion of the Board, are suitable and expedient for the purposes of the Scheme. (9) Where, in connection with the Board’s taking over of the undertakings of an insurer under subsection (8), the insurer transfers any sum to the Board, the Board must pay the sum so transferred to it by the insurer into the MediShield Fund.


document_id: cpfa-1953
provision_ref: s56B
chapter: PART 6 - MEDISHIELD SCHEME
section: 56B
title: Non-application of Insurance Act 1966
content:
56B. The Insurance Act 1966 does not apply — ( a ) to anything done by the Board under this Part; or ( b ) to the transfer of any liability under section 56A(1), (3) or (8). 57. [ Repealed by Act 4 of 2015 ]


document_id: cpfa-1953
provision_ref: s57A
chapter: PART 6A - WORKFARE INCOME SUPPLEMENT SCHEME
section: 57A
title: Interpretation of this Part
content:
57A. In this Part — “cash payment” means any cash payment made by the Government under the Scheme; “eligible member” means a member of the Fund who is eligible to receive any cash payment or relevant contribution under the Scheme; “relevant contribution” means any contribution to the Fund made by the Government under the Scheme; “relevant regulations” means any regulations made under section 57F; “Scheme” means the Workfare Income Supplement Scheme established under section 57B.


document_id: cpfa-1953
provision_ref: s57B
chapter: PART 6A - WORKFARE INCOME SUPPLEMENT SCHEME
section: 57B
title: Establishment of Workfare Income Supplement Scheme
content:
57B. —(1) There is established a scheme called the Workfare Income Supplement Scheme for the purpose of supplementing the income of eligible members. (2) The Board administers the Scheme on behalf of the Government.


document_id: cpfa-1953
provision_ref: s57C
chapter: PART 6A - WORKFARE INCOME SUPPLEMENT SCHEME
section: 57C
title: Cash payments and contributions under Scheme
content:
57C. —(1) Subject to subsection (4) and the relevant regulations, the Board may do either or both of the following: ( a ) make a cash payment, to an eligible member, of such amount as those regulations may prescribe; ( b ) credit, to such account of an eligible member in the Fund as the Minister may direct, a relevant contribution of such amount as those regulations may prescribe. (2) The Board may recover on behalf of the Government — ( a ) any cash payment made to a member of the Fund; and ( b ) any relevant contribution credited to any account in the Fund of a member of the Fund, together with the whole or such part, as the Board may determine, of any interest paid thereon, if — ( c ) the member has obtained the cash payment or relevant contribution by means of any false or misleading statement or any document that is false or misleading in any particular; ( d ) the member has contravened any provision of the relevant regulations; or ( e ) the cash payment was made to the member, or the relevant contribution was credited to the account of the member, in error. (3) Where the amount of any cash payment or relevant contribution received by an eligible member exceeds that which the member is entitled to receive under the relevant regulations, the Board may recover on behalf of the Government the excess amount (together with the whole or such part, as the Board may determine, of any interest paid on any excess amount of relevant contribution). (4) Subject to the relevant regulations, on or after the death of an eligible member, the Board may do either or both of the following: ( a ) make any cash payment which the member would have been entitled to receive to the member’s estate or, in lieu thereof, credit an additional relevant contribution, of an amount equivalent to the value of that cash payment, to such account of the member in the Fund as the Minister may direct; ( b ) credit any relevant contribution which the member would have been entitled to receive (not being an additional relevant contribution mentioned in paragraph ( a )) to such account of the member in the Fund as the Minister may direct. [23/2012] [Act 36 of 2023 wef 01/07/2024] (5) Despite section 24(3A), on or after the death of a member of the Fund, the Board may recover on behalf of the Government — ( a ) from the member’s estate, any cash payment made to the member (prior to his or her death) or to the member’s estate; and ( b ) from the moneys payable out of the Fund on the member’s death or from any person to whom any such moneys have been paid or transferred, any relevant contribution credited to any account of the member in the Fund, together with the whole or such part, as the Board may determine, of any interest paid thereon, if — ( c ) the cash payment was made, or the relevant contribution was credited, in reliance on any false or misleading statement or any document that is false or misleading in any particular; ( d ) the member had contravened any provision of the relevant regulations; or ( e ) the cash payment was made to the member (prior to his or her death) or to the member’s estate, or the relevant contribution was credited to the member’s account, in error. [Act 36 of 2023 wef 01/07/2024] (6) Despite section 24(3A), on or after the death of an eligible member — ( a ) where the amount of any cash payment received by the member (prior to his or her death) or by the member’s estate exceeds that which the member is or would have been entitled to receive under the relevant regulations, the Board may recover on behalf of the Government, from the member’s estate, the excess amount of cash payment; and ( b ) where the amount of any relevant contribution credited to any account of the member in the Fund exceeds that which the member is or would have been entitled to receive under the relevant regulations, the Board may recover on behalf of the Government, from the moneys payable out of the Fund on the member’s death or from any person to whom any such moneys have been paid or transferred, the excess amount of relevant contribution, together with the whole or such part, as the Board may determine, of any interest paid thereon. [Act 36 of 2023 wef 01/07/2024] (7) The Board may recover on behalf of the Government, from any cash payment or relevant contribution which an eligible member is entitled to receive, by set-off or otherwise, any amount due to the Government from the member. (8) Subsections (2), (3), (5), (6) and (7) are without prejudice to any other right of action or remedy which the Board or the Government may have under any written law or rule of law. (9) Any money recovered by the Board under subsection (2), (3), (5), (6) or (7) must be refunded to the Government. (10) Despite anything in this Part or the relevant regulations, no person has an absolute right to any cash payment or relevant contribution under the Scheme.


document_id: cpfa-1953
provision_ref: s57D
chapter: PART 6A - WORKFARE INCOME SUPPLEMENT SCHEME
section: 57D
title: Recovery of cash payment, etc., upon conviction
content:
57D. —(1) Where — ( a ) a member of the Fund has received any cash payment, or any relevant contribution or interest thereon; and ( b ) the member is convicted of an offence under section 58(1)( a ) or ( d ) or the relevant regulations in connection with the cash payment, relevant contribution or interest, the court before which the conviction is had may, in addition to the penalty prescribed under section 61 or the relevant regulations, order that the member pay to the Board the amount certified by an officer appointed by the Board in that behalf to be recoverable from the member, as at the date of the conviction, in respect of the cash payment, relevant contribution or interest. [6/2016] (2) Section 61B(2) and (3) applies to an amount ordered to be paid under subsection (1) as it applies to an amount ordered to be paid under section 61B(1).


document_id: cpfa-1953
provision_ref: s57DA
chapter: PART 6A - WORKFARE INCOME SUPPLEMENT SCHEME
section: 57DA
title:
Withdrawal from Fund where relevant contribution credited into account of eligible member in certain circumstances

content:
57DA. —(1) Despite sections 14(2A), 15(2), (6), (6C) and (7), 15AA(1) and (5) and 27, where the Board has credited a relevant contribution into an eligible member’s account in the Fund (called in this section the contribution amount), the Board may, on the member’s application, permit the member to withdraw an amount determined by the Board — ( a ) from one or more accounts in the Fund as the Board may determine; ( b ) in circumstances prescribed by regulations made under section 57F; and ( c ) if the member satisfies such requirements as the Board may specify. [6/2016] [Act 39 of 2021 wef 01/01/2022] [Act 39 of 2021 wef 01/03/2022] (2) An application under subsection (1) must be made within such time as may be prescribed by regulations made under section 57F. [6/2016] (3) The amount that the Board may permit a member to withdraw under subsection (1) must not exceed the contribution amount. [6/2016]


document_id: cpfa-1953
provision_ref: s57E
chapter: PART 6A - WORKFARE INCOME SUPPLEMENT SCHEME
section: 57E
title: Certificate of Board on amount of cash payment, etc.
content:
57E. In any proceedings before any court, tribunal, authority or person (including any proceedings for the recovery of any cash payment, or any relevant contribution or interest thereon), a certificate purporting to be issued by the Board certifying — ( a ) the amount of any cash payment, or any relevant contribution or interest thereon, received by any member of the Fund or other person as at any date; or ( b ) the amount recoverable from any member of the Fund or other person as at any date in respect of any cash payment, or any relevant contribution or interest thereon, received by the member or person, is prima facie evidence that the amount so stated was received by the member or person or is recoverable from the member or person (as the case may be) as at that date.


document_id: cpfa-1953
provision_ref: s57F
chapter: PART 6A - WORKFARE INCOME SUPPLEMENT SCHEME
section: 57F
title: Regulations for purposes of this Part
content:
57F. —(1) The Minister may make such regulations as are necessary or expedient for the purposes of carrying out the provisions of this Part. (2) Without limiting subsection (1), such regulations may provide for — ( a ) the criteria to be satisfied by an eligible member and the waiver of the whole or any part of any such criteria, by the Board or such other person as may be prescribed in those regulations; ( b ) the terms and conditions of the Scheme; ( c ) the amount of cash payment or relevant contribution which an eligible member is entitled to receive, including different amounts for different classes of eligible members; ( d ) the manner in which any cash payment is to be made to an eligible member, or any relevant contribution is to be credited to any account of an eligible member in the Fund, including the making of provisional payments or credits; ( e ) the manner in which, and the processes (apart from those referred to in sections 57C and 57D) by which, any cash payment or relevant contribution (including any interest on the relevant contribution) received by a member, or any part thereof, is to be recovered, including recovery from — (i) any money standing to the credit of the member in the Fund; or (ii) any cash payment or relevant contribution which the member may be entitled to receive subsequently; ( f ) any restriction on the purposes for which any cash payment, relevant contribution or amount withdrawn under section 57DA may be utilised; [S 969/2022] ( fa ) the whole or any part of the interest paid on the amount withdrawn from the member’s account under section 57DA to be dealt with in all or any of the following manner: (i) retained in that account; (ii) withdrawn from that account and paid to the member; (iii) transferred to the general moneys of the Fund; ( g ) the consequences of contravening any provision of those regulations; and ( h ) any act or omission referred to in, or in contravention of, those regulations to be an offence. [24/2013; 6/2016]


document_id: cpfa-1953
provision_ref: s58
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 58
title: Offences
content:
58. —(1) If any person — ( a ) for any purpose connected with this Act — (i) knowingly makes any false statement; or (ii) produces or furnishes or causes or knowingly allows to be produced or furnished any document which the person knows to be false in a material particular; ( b ) fails to pay to the Fund within such period as may be prescribed any amount which the person is liable under this Act to pay in respect of or on behalf of any employee or platform worker in any month; [Act 30 of 2024 wef 15/12/2024] ( c ) obstructs any officer or employee of the Board in the discharge of his or her functions as such; ( d ) fails to comply with any regulations or rules made under this Act; or ( e ) fails to pay to the Board within such period as may be prescribed any amount which the person is liable to pay under the provisions of this Act, the person shall be guilty of an offence. [26/2019] (2) Subsection (1)( a ) does not apply to anything done in relation to — ( a ) the making of an application for the purposes of section 16B or 16C; and ( b ) the provision of information for the purposes of section 16B or 16C. [26/2019]


document_id: cpfa-1953
provision_ref: s58A
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 58A
title: Offences relating to investments
content:
58A. —(1) A person must not, directly or indirectly, in connection with the making of any investment under any scheme in accordance with any regulations made under section 77(1)( n ) or the sale or disposal of any such investment — ( a ) employ any device, scheme or artifice to defraud; or ( b ) engage in any act, practice or course of business which operates as a fraud or deception, or is likely to operate as a fraud or deception, upon any person. (2) Any person who contravenes subsection (1) shall be guilty of an offence.


document_id: cpfa-1953
provision_ref: s58B
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 58B
title: False application for purposes of sections 16B and 16C
content:
58B. —(1) A person commits an offence if the person — ( a ) makes, or assists in the making of an application for purposes of section 16B or 16C which is false or misleading in a material particular, knowing that the application is false or misleading in a material particular; ( b ) omits any matter or thing without which the application for purposes of section 16B or 16C is misleading in a material particular, knowing that the omission makes the application misleading; or ( c ) provides any information for purposes of section 16B or 16C which is false or misleading in a material particular, knowing that the information provided — (i) is false or misleading in a material particular; and (ii) may be included in an application for purposes of section 16B or 16C. [26/2019] (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) in the case of an individual — to a penalty equal to the relevant amount; or ( b ) in any other case — to a penalty equal to 5 times the relevant amount. [26/2019] (3) A person who commits an offence under subsection (1), with the intention of causing the Board to permit a withdrawal under section 16B or 16C which the Board would otherwise not permit, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and (ii) in addition, to a penalty equal to 2 times the relevant amount; or ( b ) in any other case — (i) to a fine not exceeding $10,000; and (ii) in addition, to a penalty equal to 4 times the relevant amount. [26/2019] (4) In this section, “relevant amount” means the amount withdrawn from the medisave account under section 16B or 16C as a result of the offence, or that would have been so withdrawn if the false or misleading declaration or application (as the case may be) had been accepted as correct. [26/2019]


document_id: cpfa-1953
provision_ref: s58C
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 58C
title: Fraudulent disability assessment
content:
58C. —(1) An assessor in making a report of a disability assessment that the assessor conducted for a person for the benefit of whom an application is made under section 16B or 16C must not give any information which is false, or conceal any information, with the intent of causing an application made under section 16B or 16C (as the case may be) to be accepted and overpaid or rejected and underpaid. [26/2019] (2) An assessor who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in addition, to a penalty equal to 4 times the relevant amount (if applicable). [26/2019] (3) In this section, “relevant amount” means the amount of overpayment and the amount of assessment fee charged for the assessment. [26/2019]


document_id: cpfa-1953
provision_ref: s58D
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 58D
title: Investigators for offence in relation to withdrawal under section 16B or 16C or regulations
content:
58D. —(1) The Minister charged with the responsibility for health may, in writing, appoint any public officer or any other person as an investigator to investigate any offence in relation to a withdrawal of moneys from the medisave account under section 16B or 16C or any regulations made under section 77(1) in relation to such withdrawal. [26/2019] (2) The chief executive officer of the Board may, in writing, appoint any officer of the Board as an investigator to investigate any offence in relation to a withdrawal of moneys from the medisave account under section 16B or 16C or any regulations made under section 77(1) in relation to such withdrawal. [26/2019] (3) An investigator, when exercising any powers and carrying out any duties under this Act, must comply with such general or special directions as may from time to time be given — ( a ) by the Minister, if the investigator is a public officer or a person mentioned in subsection (1); or ( b ) by the chief executive officer of the Board, if the investigator is an officer of the Board. [26/2019] [Act 30 of 2024 wef 15/12/2024]


document_id: cpfa-1953
provision_ref: s58E
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 58E
title: Power to obtain information
content:
58E. —(1) An investigator who has a reasonable suspicion that any person has committed an offence in relation to a withdrawal of moneys from the medisave account under section 16B or 16C or any regulations made under section 77(1) in relation to such withdrawal may — ( a ) by written notice require any person to attend at such reasonable time and at such place as may be specified by the investigator to answer any question or to provide a signed statement in writing concerning the suspected offence; ( b ) require any person — (i) to provide any information within the person’s knowledge; or (ii) to produce for inspection any document or record in the person’s possession, that the investigator believes on reasonable grounds to be connected with the suspected offence; and ( c ) retain the original copy of any document or record that the investigator believes on reasonable grounds to be connected with the suspected offence, or make or cause to be made, without payment, copies of or extracts from that document or record. [26/2019] (2) Where any document or record required by an investigator is kept in electronic form, then — ( a ) the power of an investigator to require that document or record to be produced for inspection under subsection (1)( b )(ii) includes the power to require a copy of that document or record to be made available for inspection in legible form; and ( b ) subsection (1)( c ) applies to any copy so made available. [26/2019] (3) Any copy of or extract from any document or record made under subsection (1)( c ) and certified as such by the investigator is admissible as evidence in any proceedings under this Act. [26/2019] (4) A person who, when required by an investigator to provide under subsection (1)( b ) any information or produce any document or record, refuses or fails, without reasonable excuse, to provide the information or to produce the document or record within the time allowed by the investigator 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 6 months or to both. [26/2019]


document_id: cpfa-1953
provision_ref: s58F
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 58F
title: Obstructing investigators in execution of duties
content:
58F. A person who, without reasonable excuse, obstructs, hinders or impedes any investigator in the performance or execution of a duty or anything which the investigator is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [26/2019]


document_id: cpfa-1953
provision_ref: s59
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 59
title: Publication of information to unauthorised person, etc.
content:
59. —(1) Any person employed by the Board who, without lawful authority, publishes or communicates to any person, otherwise than in the ordinary course of his or her duty or employment, any information acquired by him or her in the course of his or her duty or employment shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 12 months or to both. (2) [ Deleted by Act 33 of 2024 wef 01/12/2024 ] (3) [ Deleted by Act 33 of 2024 wef 01/12/2024 ] (4) [ Deleted by Act 33 of 2024 wef 01/12/2024 ] (5) [ Deleted by Act 33 of 2024 wef 01/12/2024 ] (6) On the request of an insurer administering or operating an insurance scheme referred to in section 34(2)( j ) of the MediShield Life Scheme Act 2015 or section 77(1)( k ) or a Supplement Scheme for information about a person or the person’s dependant, which the insurer requires to administer or operate the insurance scheme in relation to the person, or the person’s dependant, the Board may disclose to the insurer such information (including any medical information and information relating to the amount standing to the credit of the person in the person’s medisave account) obtained by the Board, in the course of performing the Board’s functions or duties under this Act, for such purpose as the Minister may approve. [4/2015; 26/2019] (7) The insurer may use the information about the person or the person’s dependant obtained under subsection (6) only for the purpose approved by the Minister under that subsection. [4/2015] (8) An insurer who knowingly contravenes subsection (7) shall be guilty of an offence. [34/2001] (9) Despite any provision of the National Registration Act 1965 or the Registration of Births and Deaths Act 2021, where a member has died in Singapore, and the Board has received information on the member’s death from any officer appointed to perform duties under either or both of those Acts, the Board may, in the course of authorising the payment of any amount under section 20(1)( b ) or (1A) to a person nominated by the member in accordance with section 25(1), performing its functions under section 25 or 25A in relation to any amount payable on the death of the member, or performing its functions under section 26 or 26A in relation to any vested shares or designated shares payments, disclose to any person — ( a ) the name and identity card number of the member; ( b ) the date of the member’s death; and ( c ) the source of the Board’s information on the member’s death. [Act 39 of 2021 wef 01/04/2022] [Act 39 of 2021 wef 18/06/2022] [Act 2 of 2024 wef 16/04/2024] (10) Where the Board has been notified of a member’s death, the Board may, in the course of performing its functions under section 25 or 25A in relation to any amount payable on the member’s death, or performing its functions under section 26 or 26A in relation to any vested shares or designated shares payments, disclose the information relating to the deceased member as set out in subsection (11) to any of the following persons, as the case may be: ( a ) any person the Board has reason to believe is entitled to receive an amount payable out of the Fund on the deceased member’s death under a memorandum executed under section 25(1); ( b ) any person who may be entitled to receive an amount payable on the deceased member’s death in accordance with section 25A(1), on the assumption that no person has been nominated by the deceased member under section 25(1); ( c ) any other persons as may be prescribed in regulations made under section 77(1). [Act 36 of 2023 wef 01/02/2024] (11) The Board may disclose the information relating to the following under subsection (10): ( a ) the member’s accounts in the Fund; ( b ) the memorandum executed under section 25(1); ( c ) any other information as may be prescribed in regulations made under section 77(1). [Act 36 of 2023 wef 01/02/2024]


document_id: cpfa-1953
provision_ref: s60
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 60
title: Offences by corporations
content:
60. Where an offence under this Act has been committed by a body corporate and is found to have been committed with the consent or connivance of or to be attributable to any act or default on the part of any director, manager, secretary or other officer of the body corporate, that director, manager, secretary or other officer as well as the body corporate shall be guilty of an offence.


document_id: cpfa-1953
provision_ref: s61
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 61
title: General penalties
content:
61. —(1) Except as otherwise provided in subsection (2), any person convicted of an offence under this Act for which no penalty is provided shall be liable on conviction — ( a ) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) if that person is a repeat offender in relation to the same offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [24/2013] (2) Where any person — ( a ) is guilty of an offence under section 7(5), 8A(5) or 58(1)( b ); or [Act 30 of 2024 wef 15/12/2024] ( b ) being a director, manager or secretary or any other officer of a body corporate, is guilty of an offence under section 60 by virtue of the fact that an offence under section 7(3) or (5), 8A(3) or (5) or 58(1)( b ) has been committed by that body corporate and is found to have been committed with the consent or connivance of or to be attributable to any act or default on the part of that person, [Act 30 of 2024 wef 15/12/2024] that person shall be liable on conviction — ( c ) to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months or to both; and ( d ) if that person is a repeat offender in relation to the same offence, to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both. [24/2013] (3) For the purposes of subsections (1) and (2), a person is a repeat offender in relation to an offence (called in this subsection the current offence) if the person has been convicted of the same offence on at least one other occasion (whether before, on or after 1 January 2014) before the person is convicted of the current offence. [24/2013]


document_id: cpfa-1953
provision_ref: s61A
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 61A
title: Jurisdiction of court
content:
61A. Despite the provisions of any written law to the contrary, a District Court or a Magistrate’s Court has the jurisdiction to impose the maximum penalty prescribed for an offence under this Act.


document_id: cpfa-1953
provision_ref: s61B
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 61B
title: Recovery of contributions, etc., upon conviction
content:
61B. —(1) The court before which any conviction under section 7(3), 8A(3) or 61 is had may in addition to the penalty prescribed in those sections order the person convicted to pay the amount of any contributions together with any interest due thereon certified by an officer appointed by the Board in that behalf to be due from that person at the date of the conviction. [6/2016] [Act 30 of 2024 wef 15/12/2024] (1A) Where — ( a ) a member of the Fund has withdrawn any amount from his or her ordinary account, special account or retirement account in connection with any investment made under any scheme in accordance with any regulations made under section 77(1)( n ); [Act 33 of 2024 wef 19/01/2025] ( b ) the member is convicted of an offence under this Act or any other written law in connection with that investment; and ( c ) the Board has required that member to refund or transfer to his or her ordinary account, special account or retirement account such amount as may be prescribed by those regulations, the court before which the conviction is had may, in addition to the penalty prescribed under this Act or under that other written law, order that member to refund or transfer to his or her ordinary account, special account or retirement account (as the case may be) in accordance with such directions as the Board may give, the amount certified by an officer appointed by the Board in that behalf to be due from that member, under paragraph ( c ), at the date of the refund or transfer. [6/2016] [Act 33 of 2024 wef 19/01/2025] (2) The court may order that the amount ordered to be paid under subsection (1), or refunded or transferred under subsection (1A), section 16B(12) or 16C(10), be recoverable — ( a ) according to the law for the time being in force relating to the recovery of fines; or ( b ) upon the application by the Board, in like manner as a judgment of a civil court for the payment of money. [26/2019] (3) Where the court orders that the amount ordered to be paid under subsection (1), or refunded or transferred under subsection (1A), to be recoverable in the manner mentioned in subsection (2)( b ), the court must certify the amount to be paid, refunded or transferred and the Board may recover the amount so certified in any civil court of competent jurisdiction as though the amount were a judgment debt due to the Board.


document_id: cpfa-1953
provision_ref: s62
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 62
title: Notice to attend court
content:
62. —(1) Where an officer of the Board has reasonable ground for believing that a person has committed an offence under this Act, the officer may, in lieu of applying to a court for a summons, serve upon that person a notice, requiring that person to attend at the court, at the hour and on the date specified in the notice. [Act 36 of 2023 wef 01/02/2024] (2) A duplicate of the notice must be prepared by the officer of the Board and, if so required by the court, produced to the court. (3) The notice may be served on the person alleged to have committed the offence in the manner provided in section 62A(1). (4) On an accused person appearing before a court pursuant to such a notice, the court is to proceed as though the person were produced before the court pursuant to section 153 of the Criminal Procedure Code 2010. (5) If a person, upon whom such a notice has been served, fails to appear before a court in person or by counsel in accordance therewith, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person unless that person has before that date been permitted to compound the offence. (6) Upon a person arrested pursuant to a warrant issued under subsection (5) being produced before a court, the court is to proceed as though the person were produced pursuant to section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022] (7) An officer authorised in that behalf by the Board may, at any time before the date specified in the notice, cancel the notice. (8) The form of the notice to be utilised for the purposes of subsection (1) must be in a form determined by the Board. [Act 36 of 2023 wef 01/02/2024]


document_id: cpfa-1953
provision_ref: s62A
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 62A
title: Service of notice and summons
content:
62A. —(1) Every notice to attend court issued under section 62, and every summons issued by a court, against any person in connection with any offence under this Act may be served on the person — ( a ) by delivering it to the person or to some adult member of the person’s family at his or her last known place of residence; ( b ) by leaving it at or sending it by registered post to the person’s usual or last known place of residence or business in an envelope addressed to the person; [Act 36 of 2023 wef 01/02/2024] ( c ) where the person is a body of persons or a company — (i) by delivering it to the secretary or other like officer of the body of persons or company at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the body of persons or company at its registered office or principal place of business; [Act 36 of 2023 wef 01/02/2024] ( d ) by transmitting it to an electronic mail address specified in accordance with subsection (1A); or [Act 36 of 2023 wef 01/02/2024] ( e ) by serving it through the electronic service platform mentioned in section 74 with the person’s consent, if so provided by regulations made for the purposes of section 74(4)( b ). [Act 36 of 2023 wef 01/02/2024] (1A) A notice to attend court or summons may be served in the manner specified in subsection (1)( d ) only if a person mentioned in section 116(5) of the Criminal Procedure Code 2010 who may consent to the mode of service of a summons — ( a ) gives prior written consent for the notice to attend court or summons (as the case may be) to be served in that manner; and ( b ) specifies, in that written consent, the electronic mail address to which the notice to attend court or summons (as the case may be) is to be transmitted. [Act 36 of 2023 wef 01/02/2024] (2) Any notice to attend court, or summons, sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and, in proving service of the notice or summons (as the case may be), it is sufficient to prove that the envelope containing the notice or summons (as the case may be) was properly addressed, stamped and posted by registered post. [Act 36 of 2023 wef 01/02/2024]


document_id: cpfa-1953
provision_ref: s63
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 63
title: Composition of offences
content:
63. —(1) The Board or any person authorised by the Board in writing may compound any offence 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 $1,000. [24/2013] (2) The Board may make rules to prescribe the offences which may be compounded. (3) All sums collected under this section must be paid to the Board.


document_id: cpfa-1953
provision_ref: s65
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 65
title: Recovery of sums due to Fund
content:
65. Any sum due to the Fund, including any sum required by the Board or ordered by a court to be paid, repaid, refunded or transferred to any account maintained for a member of the Fund in respect of the moneys standing to the credit of the member in the Fund, may be sued for and recovered by the Board under the Government Proceedings Act 1956 as if it were a debt due to the Government.


document_id: cpfa-1953
provision_ref: s66
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 66
title: Certificate of authorised officer to be evidence
content:
66. In any legal proceedings, a copy of an entry in the accounts of the Fund, the Lifelong Income Fund or the Home Protection Fund (as the case may be) duly certified under the hand of such officer of the Board as it may authorise is prima facie evidence of the entry having been made and of the truth of the contents thereof. [23/2012; 4/2015]


document_id: cpfa-1953
provision_ref: s66A
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 66A
title: Certificate of Board
content:
66A. —(1) In any proceedings relating to the recovery or non‑payment of contributions under section 7, a certificate purporting to be issued by the Board certifying the amount of the contributions and interest due thereon and payable by an employer or other person is prima facie evidence that the amount of contributions and interest so stated is due and payable by the employer or other person so named in the certificate as at the date of the certificate. (1A) In any proceedings relating to the recovery or non-payment of contributions under section 8A, a certificate purporting to be issued by the Board certifying the amount of the contributions and interest due thereon and payable by a platform operator is prima facie evidence that the amount of contributions and interest so stated is due and payable by that platform operator as at the date of the certificate. [Act 30 of 2024 wef 15/12/2024] (2) Where the Board has required a member of the Fund to refund or transfer to his or her ordinary account, special account or retirement account such amount as may be prescribed by any regulations made under section 77(1)( n ), a certificate purporting to be issued by the Board certifying the amount due from the member at any date is, in any proceedings relating to the recovery of that amount, prima facie evidence that the amount so stated is due and payable by the member named in the certificate at that date. [Act 33 of 2024 wef 19/01/2025]


document_id: cpfa-1953
provision_ref: s67
chapter: PART 7 - OFFENCES, PENALTIES AND PROCEEDINGS
section: 67
title: Conduct of prosecutions
content:
67. —(1) Proceedings in respect of any offence under the provisions of this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer authorised in writing in that behalf by the Chairperson of the Board. [26/2019] (2) Without limiting subsection (1), proceedings in respect of any offence under this Act, in relation to a withdrawal of moneys from the medisave account under section 16B or 16C or any regulations made under section 77(1) in relation to such withdrawal, may, with the authorisation of the Public Prosecutor, be conducted by any public officer authorised in writing by the Minister charged with the responsibility for health to conduct such proceedings. [26/2019]


document_id: cpfa-1953
provision_ref: s67A
chapter: PART 7A - ADMINISTRATIVE PENALTIES
section: 67A
title: Interpretation of this Part
content:
67A. In this Part, unless the context otherwise requires — “approved applicant” means a Medisave healthcare provider or an insurer which is approved — ( a ) under section 67B(2) to submit a withdrawal application on behalf of a member; or ( b ) before 31 December 2016, to submit a withdrawal application on behalf of any member; “Medisave healthcare provider” means a person or an institution that has provided or is providing any medical, psychiatric or other treatment or services prescribed under section 77(1)( j ); “withdrawal application” means an application, submitted on behalf of a member, to the Board — ( a ) by a Medisave healthcare provider for any sum standing to the member’s credit in the member’s medisave account to be withdrawn and paid to the Medisave healthcare provider in respect of medical, psychiatric or other treatment or services prescribed under section 77(1)( j ); or ( b ) by an insurer for any sum standing to a member’s credit in the member’s medisave account to be withdrawn and paid to the insurer as a premium in respect of a medical insurance scheme or other insurance scheme referred to in section 77(1)( k ). [6/2016]


document_id: cpfa-1953
provision_ref: s67B
chapter: PART 7A - ADMINISTRATIVE PENALTIES
section: 67B
title: Application to withdraw money from member’s medisave account by approved applicant
content:
67B. —(1) A person may not, on behalf of a member, submit a withdrawal application to the Board for the withdrawal of any sum standing to the member’s credit in the member’s medisave account unless the person is approved under subsection (2). [6/2016] (2) The Board may, with the concurrence of the Minister charged with the responsibility for health, approve a Medisave healthcare provider or an insurer to submit any withdrawal applications on such terms and conditions as the Board may require. [6/2016] (3) The Board may, at any time, order the audit of an approved applicant in such manner as it may direct. [6/2016] (4) Subject to subsection (6), the Board may, with the concurrence of the Minister charged with the responsibility for health, cancel the approval of an approved applicant, by the Board or on the approved applicant’s application. [6/2016] (5) Where the Board is considering the cancellation of the approval of an approved applicant, the Board may, before the approval is cancelled, suspend the submission of all or any withdrawal applications by the approved applicant. [6/2016] (6) If the Board imposes a financial penalty on an approved applicant under section 67C, the Board must not cancel the approval of the approved applicant until after — ( a ) the disposal of any appeal against the imposition of the financial penalty and interest for late payment (if any) in accordance with regulations made under section 77(1)( rb ); and ( b ) the approved applicant has paid the financial penalty and any interest for late payment that the approved applicant is liable to pay. [6/2016]


document_id: cpfa-1953
provision_ref: s67C
chapter: PART 7A - ADMINISTRATIVE PENALTIES
section: 67C
title: Financial penalties for approved applicants
content:
67C. —(1) The Board may impose a financial penalty on an approved applicant for engaging in conduct that contravenes, on or after 31 December 2016, any regulations made under section 77(1)( rb )(i) and is not an offence. [6/2016] (1A) Conduct that contravenes any regulations made under section 77(1)( rb )(i) does not constitute an offence under section 58(1)( d ). [26/2016] (2) A financial penalty must not exceed the maximum amount to be prescribed, which in no case may be more than $10,000. [6/2016] (3) Any financial penalty imposed under subsection (1) and any interest for late payment prescribed under section 77(1)( rb ) — ( a ) may be sued for and recovered by the Board under the Government Proceedings Act 1956 as if it were a debt due to the Government; and ( b ) must be paid into the Consolidated Fund upon collection or recovery by the Board. [6/2016] (4) The members, officers and employees of the Board, in relation to their administration, assessment, collection and enforcement of payment of financial penalties imposed under subsection (1) — ( a ) are taken to be public officers for the purposes of the Financial Procedure Act 1966; and ( b ) section 20 of that Act applies to such members, officers and employees of the Board despite not being in the employment of the Government. [6/2016]


document_id: cpfa-1953
provision_ref: s67D
chapter: PART 7A - ADMINISTRATIVE PENALTIES
section: 67D
title: Repayment of moneys withdrawn from medisave account
content:
67D. —(1) Where any sum standing to the credit of a member in the member’s medisave account is withdrawn and paid by the Board to — ( a ) an approved applicant which is a Medisave healthcare provider in respect of medical, psychiatric or other treatment or services prescribed under section 77(1)( j ); or ( b ) any person as reimbursement for payments made by that person for any medical, psychiatric or other treatment or services prescribed under section 77(1)( j ), the approved applicant referred to in paragraph ( a ) or the person referred to in paragraph ( b ), as the case may be, (called in this section the recipient) must, if the withdrawal or payment of the amount paid to the recipient was not in compliance with regulations made under section 77(1)( j ) — ( c ) repay to the Board the amount determined by the Board under subsection (3); ( d ) reimburse the Board for all reasonable expenses incurred by the Board in addressing the non‑compliance with those regulations; and ( e ) indemnify the Board against any liability incurred by the Board in connection with addressing the non‑compliance with those regulations. [6/2016] (2) Where any sum standing to the credit of a member in the member’s medisave account is withdrawn and paid by the Board to an insurer as a premium in respect of a medical insurance scheme or other insurance scheme referred to in section 77(1)( k ), then, if the withdrawal or payment to the insurer was not in compliance with regulations made under that section, the insurer must — ( a ) repay to the Board the amount determined by the Board under subsection (3); ( b ) reimburse the Board for all reasonable expenses incurred by the Board in addressing the non‑compliance with those regulations; and ( c ) indemnify the Board against any liability incurred by the Board in connection with addressing the non‑compliance with those regulations. [6/2016] (3) The amount to be repaid under subsection (1)( c ) or (2)( a ) is the whole or such part as the Board may determine of — ( a ) the amount that was paid to the recipient in subsection (1) or the insurer referred to in subsection (2), as the case may be; and ( b ) the interest which would have been payable on the amount referred to in paragraph ( a ) if it had not been withdrawn from the medisave account. [6/2016] (4) Any sum not repaid under subsection (1)( c ) or (2)( a ) may be sued for and recovered by the Board under section 65. [6/2016] (5) Any sum not paid to the Board under subsection (1)( d ) or ( e ) or (2)( b ) or ( c ) may be sued for and recovered by the Board as a debt due to the Board. [6/2016] (6) The Board must credit to the member’s medisave account the amount that is determined by the Board under subsection (3). [6/2016] (7) This section applies — ( a ) whether the amount to be repaid under subsection (1)( c ) or (2)( a ) was withdrawn from the member’s medisave account or paid to the recipient in subsection (1) or the insurer referred to in subsection (2) (as the case may be) before, on or after 31 December 2016; and ( b ) even if the recipient in subsection (1) or the insurer referred to in subsection (2) (as the case may be) has no obligation to repay or reimburse the payment to the member or the Board in the circumstances of the case, or is excluded by contract from such obligation. [6/2016]


document_id: cpfa-1953
provision_ref: s68
chapter: PART 8 - MISCELLANEOUS
section: 68
title:
Protection of employee’s, platform worker’s or member’s interest in enforcement proceedings and sale under mortgage or charge

content:
68. —(1) Where — ( a ) an enforcement order for seizure and sale of property has been issued to enforce a judgment against an employer, a platform operator or a member and any movable or immovable property or other assets belonging to the employer, platform operator or member has been seized or sold or otherwise realised pursuant to the enforcement; and [Act 30 of 2024 wef 15/12/2024] [Act 25 of 2021 wef 01/04/2022] [S 759/2022] ( b ) prior to the payment of the proceeds of the sale or other realisation to an enforcement creditor, notice has been given to the Sheriff or other officer charged with the execution of the enforcement order by the Board that any sum is due to the Fund, no part of the proceeds may be paid to an enforcement creditor, unless the court issuing the enforcement order has ascertained and provided for the sum due to the Fund at the date of the sale or other realisation. [Act 25 of 2021 wef 01/04/2022] (2) Where — ( a ) a writ of distress has been issued under the Distress Act 1934 to distrain the property of a tenant who is an employer, a platform operator or a member and any movable property belonging to the employer, platform operator or member is seized in execution of the writ; and [Act 30 of 2024 wef 15/12/2024] ( b ) prior to the payment of the proceeds of the sale or other realisation to the landlord entitled to the distraint, notice has been given to the Sheriff or other officer charged with the execution of the writ by the Board that any sum is due to the Fund, no part of the proceeds may be paid to the landlord unless the court issuing the writ has ascertained and provided for the sum due to the Fund at the date of the sale or other realisation. (3) Where — ( a ) an enforcement order for attachment of a debt has been issued to enforce a judgment against an employer, a platform operator or a member; and [Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 15/12/2024] ( b ) prior to the payment of the amount due or accruing due to the judgment debtor from the employer, platform operator or member against whom the enforcement order for attachment of a debt is issued, notice has been given to that employer, platform operator or member by the Board that any sum is due to the Fund, no amount of the debt sought to be attached under the enforcement order for attachment of a debt may be paid to the enforcement creditor unless the court issuing the enforcement order for attachment of a debt has ascertained and provided for the sum due to the Fund at the date the debt is due to be paid. [Act 25 of 2021 wef 01/04/2022] (4) Where — ( a ) any interest in any place of employment is being sold, or any interest in any place of principal business of a platform operator is being sold, on the application of a secured creditor under any written law for the time being in force; and [Act 30 of 2024 wef 15/12/2024] ( b ) the Board gives notice to the Sheriff or other officer charged with the conduct of the sale that a sum of money is due by the debtor to the Fund, the proceeds of the sale must not be paid to any creditor other than to the Government or a secured creditor unless the court ordering the sale has ascertained and provided for the amount due to the Fund at the date of the sale or unless the court is satisfied that all sums due to the Fund have been paid up to the date of sale. (5) In any distribution of — ( a ) any proceeds referred to in subsection (1), (2) or (4); or ( b ) any amount sought to be attached under an enforcement order for attachment of a debt referred to in subsection (3), any sum due to the Fund under section 7, 8A or 61B(1) is to be paid in priority to any sum due to the Fund under section 61B(1A). [Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 15/12/2024] (6) For the purposes of this section, any reference to an amount or a sum due to the Fund is to be construed as including a reference to an amount or a sum required by the Board or ordered by a court to be paid, repaid, refunded or transferred to any account maintained for a member of the Fund in respect of the moneys standing to the credit of the member in the Fund. [Act 25 of 2021 wef 01/04/2022] [Act 30 of 2024 wef 15/12/2024]


document_id: cpfa-1953
provision_ref: s69
chapter: PART 8 - MISCELLANEOUS
section: 69
title: Power to exempt
content:
69. The Minister may, by order in the Gazette , with or without conditions, exempt any person or class of persons from all or any of the provisions of this Act. [23/2012]


document_id: cpfa-1953
provision_ref: s70
chapter: PART 8 - MISCELLANEOUS
section: 70
title: Application made, or information furnished, to Board by approved caregiver, etc.
content:
70. —(1) Despite anything in the Mental Capacity Act 2008, a relevant person’s approved caregiver may — ( a ) make any application mentioned in paragraph ( a )(i) of the definition of “relevant person” in subsection (10) on behalf of the relevant person; and ( b ) furnish any information mentioned in paragraph ( a )(ii) of the definition of “relevant person” in subsection (10) on behalf of the relevant person. [37/2019] (2) Subject to subsection (3), the Board may approve an application, or permit the furnishing of information, mentioned in subsection (1) on any terms and conditions that the Board may, with the Minister’s approval, impose. [37/2019] (3) Where any application under this Act for, or which will result in, any transfer, withdrawal or refund of any money standing to the credit of a relevant person in the Fund, or any payment or refund of any money to a relevant person or the relevant person’s account in the Fund, is made to the Board by the relevant person’s approved caregiver under subsection (1), and that application is an application to which this subsection applies, the Board must not approve that application if the amount of the money, or the aggregate of that amount and of such other amounts as the Board may determine, exceeds such sum as the Minister may specify. [23/2012; 37/2019] [Act 39 of 2021 wef 01/04/2022] (4) Where any application under this Act for, or which will result in, any withdrawal or refund of any money standing to the credit of a relevant person in the Fund, or any payment or refund of any money to a relevant person, is made to the Board by the relevant person’s approved caregiver under subsection (1), that application is an application to which this subsection applies, and the Board has approved that application in accordance with subsections (2) and (3), the Board may pay the amount of the money to the approved caregiver. [23/2012; 37/2019] (5) The receipt of the approved caregiver is a discharge to the Board for the amount paid to the approved caregiver under subsection (4). [23/2012] (6) Subsection (4) does not affect any recourse which any person may have against the approved caregiver for the amount paid to the approved caregiver under that subsection. [23/2012] (7) The approved caregiver must apply the amount paid to him or her under subsection (4) towards the costs of the relevant person’s maintenance. [23/2012] (8) Any approved caregiver who contravenes subsection (7) 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 12 months or to both. [23/2012] (9) The Board may — ( a ) determine the applications to which subsection (3) applies; ( b ) determine different amounts under subsection (3) for different applications to which that subsection applies; and ( c ) determine the applications to which subsection (4) applies. [23/2012] (10) In this section — “approved caregiver”, in relation to a relevant person, means any person who — ( a ) satisfies the Board that he or she is a caregiver of the relevant person; and ( b ) is approved by the Board for the purposes of this section; “relevant person” means a person — ( a ) whom the Board is satisfied — (i) is entitled, but is unable, to make any application to the Board under this Act; or (ii) is unable to furnish any information to the Board for the purposes of this Act; ( b ) whose inability under paragraph ( a )(i) or (ii) (as the case may be) the Board is satisfied, is likely to be permanent; and ( c ) who, to the best of the Board’s knowledge, has neither of the following: (i) a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act; (ii) a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act. [23/2012; 27/2014]


document_id: cpfa-1953
provision_ref: s71
chapter: PART 8 - MISCELLANEOUS
section: 71
title: Refund of moneys from Fund
content:
71. —(1) Where the Board is satisfied that the prescribed circumstances are met in relation to a prescribed payment, the Board may (on its own motion or an application under subsection (2), and on any terms and conditions that the Board may impose) refund or pay to a prescribed person — ( a ) the whole or part of the amount of the prescribed payment credited to a member’s account in the Fund, from any account in the Fund of that member; or ( b ) the whole or part of the amount of the prescribed payment credited to the general moneys of the Fund, from the general moneys of the Fund. [37/2019] (2) The Board may require a person claiming a refund or payment under subsection (1) — ( a ) to make an application in the form and manner required by the Board; and ( b ) to provide such information as the Board considers necessary. [37/2019] (3) Where any deductible sum is due, or may become due, to the Fund from a prescribed person, the Board — ( a ) may retain from any amount to be refunded or paid to the prescribed person under subsection (1) an amount not exceeding that deductible sum; ( b ) may set off the whole or part of the retained amount against the deductible sum, when the deductible sum is or becomes payable to the Fund; and ( c ) must refund or pay to the prescribed person any of the retained amount remaining after it has been used to set off against the deductible sum under paragraph ( b ). [37/2019] (4) Where an application to claim a refund or payment of a prescribed payment is required under subsection (2) to be made within a prescribed time and such an application is not made within the prescribed time, then the amount of the prescribed payment is not to be refunded or paid under subsection (1) and — ( a ) except in the prescribed circumstances mentioned in paragraph ( b ), is deemed to have been properly paid under this Act and cannot be set off against any deductible sum; and ( b ) in the circumstances prescribed by regulations made under section 77(1), the amount of the prescribed payment may be retained to set off against any of the following deductible sums (whether the deductible sum became due before, on or after the expiry of the prescribed time): (i) where the retained amount is in a member’s account in the Fund — any deductible sum payable to any account of the member in the Fund; (ii) where the retained amount is in the general moneys of the Fund — any deductible sum payable to the Fund from the prescribed person. [37/2019] (5) Every payment or transfer made by the Board under section 20(1)( b ) or (1A), 25 or 25A (whether before, on or after 1 January 2020 but before the Board approves the application under subsection (2) to refund or pay the amount claimed) is taken to have been properly made under this Act. [37/2019] [Act 39 of 2021 wef 18/06/2022] (6) Where the Board makes any refund or payment to a prescribed person under subsection (1), the Board may — ( a ) retain in the member’s account; ( b ) transfer to the general moneys of the Fund; or ( c ) pay the prescribed person, the whole or part of any interest that has been credited to the member’s account in respect of the amount of the refund or payment. [37/2019] (6A) Despite subsection (6), if any interest was credited to the member’s special account in respect of the amount of the refund or payment but the special account has since been closed under section 13AA(1), any interest for the purposes of subsection (6)( a ), ( b ) or ( c ) may be determined in accordance with section 13AA(5), (6), (7) or (8), whichever is applicable. [Act 33 of 2024 wef 19/01/2025] (7) In this section, unless the context otherwise requires — “deductible sum”, in relation to any retained amount, means any class of payments due, or that may become due, to the Fund that is prescribed to be set off against the retained amount under subsection (3)( b ) or (4)( b ), as the case may be; “prescribed payment” means any payment or class of payments credited (whether before, on or after 1 January 2020) to a member’s account in the Fund or the general moneys of the Fund (as the case may be), that is prescribed by regulations made under section 77(1) for the purposes of this section; “prescribed person”, in relation to a prescribed payment, means any of the following persons: ( a ) a person who made the prescribed payment to the Fund; ( b ) where the prescribed payment was credited to a member’s account in the Fund — that member; ( c ) where the prescribed payment was credited to the general moneys of the Fund — any other person; ( d ) any other person whom the Board is satisfied is entitled to receive the refund or payment under subsection (1) on behalf of a prescribed person under paragraph ( a ), ( b ) or ( c ); “retained amount” means the amount retained under subsection (3)( a ) or (4)( b ) (as the case may be) to be set off against any deductible sum. [37/2019] (8) This section applies despite sections 20(1)( b ) and (1A), 25 and 25A. [37/2019] [Act 39 of 2021 wef 18/06/2022] 72. [ Repealed by Act 37 of 2019 ]


document_id: cpfa-1953
provision_ref: s73
chapter: PART 8 - MISCELLANEOUS
section: 73
title: Transfer to Fund from provident fund or other scheme
content:
73. Where any member of the Fund has acquired a right to any pecuniary benefit in a provident fund or other scheme by virtue of his or her employment as an employee, or by virtue of his or her engagement outside Singapore under any contract of service or apprenticeship or in any trade, business, profession or vocation, the Board may, in its discretion and subject to such terms and conditions as it may impose, permit the whole or any part of that benefit — ( a ) to be transferred to the member’s account in the Fund, if he or she is a citizen or permanent resident of Singapore at the time of the transfer; and ( b ) to be treated as an excess contribution paid for the member under section 7(4). [23/2012]


document_id: cpfa-1953
provision_ref: s74
chapter: PART 8 - MISCELLANEOUS
section: 74
title: Electronic service platform
content:
74. —(1) The Board may provide an electronic service platform for the Board to serve documents required or permitted to be served under this Act. (2) For the purposes of the electronic service platform, the Board may assign to any person an account with the electronic service platform. (3) Where regulations made under section 77(1) permit the Board to serve any document through the electronic service platform on a person who has been assigned an account with the electronic service platform, the Board may serve the document on the person by transmitting an electronic record of the document to that account. (4) The Minister may make regulations under section 77(1) which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing — ( a ) the procedure for the use of the electronic service platform, including the procedure in circumstances where there is a breakdown or interruption of the electronic service platform; ( b ) the circumstances in which the Board may serve any document through the electronic service platform on a person assigned an account with the electronic service platform; and ( c ) the manner in which a person who has been served a document through the electronic service platform is to be notified of the transmission of an electronic record of the document to the person’s account with the electronic service platform. (5) Regulations made for the purpose of subsection (4)( b ) — ( a ) may provide for service of any document through the electronic service platform in circumstances where — (i) the person consents to such service; or (ii) the Board gives the person notice of the Board’s intention of such service and the person does not refuse such service; ( b ) may make provision with respect to the giving of any notice of the Board’s intention, or the person’s consent or refusal, mentioned in paragraph ( a ), including — (i) the matters that must be contained in the notice; and (ii) the time within which, and the form and manner in which, the consent or refusal must be received by the Board; ( c ) may provide when the consent or refusal of the person takes effect and when the Board must give effect to such consent or refusal; and ( d ) may provide for any other matter necessary or incidental to the purposes in paragraphs ( a ), ( b ) and ( c ) and subsection (4)( b ). [Act 36 of 2023 wef 01/02/2024] 75A. [ Repealed by Act 37 of 2019 ] 75B. [ Repealed by Act 37 of 2019 ] 75C. [ Repealed by Act 37 of 2019 ] 75D. [ Repealed by Act 37 of 2019 ]


document_id: cpfa-1953
provision_ref: s75
chapter: PART 8 - MISCELLANEOUS
section: 75
title: Transactions by Board on or after member’s death
content:
75. —(1) The Board may, before being notified of a member’s death, do anything that the Board is required or empowered to do under this Act or a relevant Act as if the member has not died. (2) Despite being notified of a member’s death and subject to regulations made under section 77(1), the Board may do any of the following things that the Board is required or empowered to do under this Act or a relevant Act as if the member has not died: ( a ) approve and give effect to applications permitted under this Act or a relevant Act made by or for the member; ( b ) in relation to any insurance scheme referred to in this Act or a relevant Act — (i) issue, renew or reinstate the insurance cover for any insurance period starting before the member’s death; (ii) deduct premiums for any insurance period starting before the member’s death from moneys standing to the credit of the member in the Fund; or (iii) pay refunds in the manner provided under this Act or a relevant Act, as the case may be; ( c ) do any of the following transactions: (i) permit a withdrawal under section 16A; (ii) a transaction under section 13(7H), (7HA), (7HB) or (7I) or 71; [Act 33 of 2024 wef 19/01/2025] (ii a ) a transaction under section 13AA or in accordance with that section; [Act 33 of 2024 wef 19/01/2025] (iii) a refund under section 19; (iv) the crediting of any sum under section 19(2) or (6) or 19A(2) or (6), as in force immediately before 1 April 2022; (v) a refund or payment under section 19D; (vi) a transfer or payment under section 14(3C) or 27B; (vii) the recovery of moneys by the Board under section 14(3) or (3A), 27N(4) or 57C(5) or (6); (viii) make any payment, transfer, withdrawal, deduction or refund under this Act that is specified in regulations made under section 77(1) for the purposes of this paragraph; ( d ) make any other payment, transfer, withdrawal, deduction or refund under this Act or a relevant Act — (i) to correct any mistake or error; (ii) that the Board cannot stop for practical or operational reasons; (iii) that would benefit the member (if he or she had not died) or an intended beneficiary; or (iv) that is necessary or incidental to a transaction permitted under paragraph ( a ), ( b ), ( c ) or ( d )(i), (ii) or (iii). (3) Where the Board has done anything (whether before, on or after the date of commencement of section 30 of the Central Provident Fund (Amendment) Act 2023) on or after a member’s death as if the member has not died — ( a ) the Board may reverse the act to the extent that it is expedient; and ( b ) no legal proceedings may be instituted in any court of law on account of or in respect of the reversal. (4) Where the Board has done any act before the date of commencement of section 30 of the Central Provident Fund (Amendment) Act 2023 (called in this subsection the past act) which would be permitted if done under subsection (1), (2) or (3) on that date — ( a ) the past act is and is taken always to have been validly done; and ( b ) no legal proceedings may be instituted in any court of law on account of or in respect of the past act. (5) Subsections (1) to (4) do not affect any recourse that any person may have against another person to whom the Board has paid any money or transferred any designated shares by an act permitted or validated by this section. (6) Where the Board or any other person has a duty, power or right to carry out any transaction on or after a member’s death under any written law or rule of law, this section does not prevent the Board or that person (as the case may be) from carrying out that transaction. (7) In this section — “intended beneficiary” means — ( a ) any person nominated by a member by a memorandum under section 25(1) or either of their estates; ( b ) a beneficiary mentioned in section 25A; or ( c ) any other person specified in regulations made under section 77(1) for the purposes of subsection (2)( d )(iii); “relevant Act” means the CareShield Life and Long-Term Care Act 2019 or the MediShield Life Scheme Act 2015. [Act 36 of 2023 wef 01/07/2024]


document_id: cpfa-1953
provision_ref: s76
chapter: PART 8 - MISCELLANEOUS
section: 76
title: Board may engage in activities not directly related to Fund and may call for information
content:
76. —(1) The Board may, if the Minister is satisfied that it is in the public interest for the Board to do so, engage in either or both of the following: ( a ) activities that are not related to, or that are not directly related to, the Fund or the administration of the Fund; ( b ) the compilation of information of a statistical nature or otherwise relating to members, employers, employees, platform operators and platform workers. [Act 30 of 2024 wef 15/12/2024] (2) For the purpose of subsection (1), the Board may require members, employers and employees to furnish such particulars as may be necessary. (3) Despite the provisions of any written law but subject to any rules made under subsection (4), where a fund for the educational, social or economic advancement of any community has been approved by the Minister for the purposes of this subsection, an employer must deduct from the monthly wages of an employee who belongs to that community such amount of contributions as may be prescribed and pay such contributions into the fund unless an employee notifies his or her employer in writing that he or she does not wish to contribute to the fund. (4) The Board may, with the approval of the Minister, make such rules as are necessary or expedient for carrying out the provisions of subsection (3) relating to the fund referred to in that subsection and, in particular, such rules may — ( a ) provide for different amounts of contributions to be made by different categories of employees; ( b ) provide for the manner and time of payment and collection of contributions to the fund and any matters incidental thereto; ( c ) provide for the return of any contributions paid in error or for the payment of any contributions omitted to be paid; ( d ) provide for the keeping of books, accounts or records by employers; ( e ) provide, in cases where an employee is employed concurrently by 2 or more employers, for the extent of the obligation of such employers as to payment of contributions to the fund; and ( f ) provide that an employer who fails to deduct any contributions from an employee’s monthly wages or fails to pay such deductions into the fund within the prescribed time shall be guilty of an offence.


document_id: cpfa-1953
provision_ref: s76A
chapter: PART 8 - MISCELLANEOUS
section: 76A
title: Protection from personal liability
content:
76A. No liability shall lie personally against any member, officer or employee of the Board, any other person acting under the Board’s direction, any public officer or any member, officer or employee of a certifying body who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [6/2016; 26/2019]


document_id: cpfa-1953
provision_ref: s77
chapter: PART 8 - MISCELLANEOUS
section: 77
title: Regulations and rules
content:
77. —(1) The Minister may, after consulting with the Board, make regulations — ( a ) to prescribe the date on which, or month in which, a person born on 29 February is deemed to attain a particular age in any year for the purposes of this Act, including different dates or months for different purposes; ( aa ) to provide for the manner of payment, collection and refund of contributions and any matters incidental thereto, including by electronic or other means; ( b ) to provide for the disposal of amounts which are unclaimed, unpaid or otherwise remain in the Fund; ( ba ) without limiting paragraph ( b ), for the transfer of any amount standing to the credit of a member to the general moneys of the Fund, and the restoration of that amount to the member’s accounts in the Fund, and for the purposes of sections 2(1B), 6(4C) to (4I) and 13(7A) to (7G); [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] ( c ) to provide for the classification of any employment, not being employment under a contract of service or apprenticeship, as an employment in respect of which contributions are payable under the provisions of this Act; ( d ) to provide that where an employee is employed in a specified employment a person specified as the principal employer is deemed to be the person’s employer for the purposes of this Act even though the principal employer is not the immediate employer of the employee; ( e ) to prescribe for the purposes of section 9A or 9B any of the following: (i) the classes of collectors who must pay estimated contributions in respect of any class of revenue payments due to any class of self‑employed persons; (ii) [ Deleted by Act 39 of 2021 wef 01/01/2022 ] ( f ) to provide that the Comptroller of Income Tax, appointed under the Income Tax Act 1947, may transmit to the Board such information, documents or records as may be required to enable the incomes of the self‑employed persons and the amount of estimated contribution payable by collectors, and the platform remuneration of platform workers, to be ascertained and to provide for the Board, its officers and employees, when dealing with the information, documents or records to be bound by the same conditions as to secrecy as are the persons mentioned in section 6 of that Act; [Act 30 of 2024 wef 15/12/2024] ( fa ) to provide that the Board may, with the Minister’s approval, appoint any agent (including the Government or any statutory body) for the assessment, collection or recovery of contributions payable under this Act and any interest thereon and that such agent may be delegated such duties, powers and functions of the Board or its officers under this Act as may be prescribed; [Act 39 of 2021 wef 01/01/2022] ( fb ) for the purposes of section 13B, including requiring or permitting the Board to refuse to credit any voluntary contribution made under section 13B(1) in prescribed circumstances; [Act 39 of 2021 wef 01/01/2022] ( fc ) for the purposes of section 13C, including prescribing the persons and circumstances mentioned in section 13C(1); [Act 39 of 2021 wef 01/04/2022] ( g ) for the purposes of section 13D, including the contributions to be aggregated and the sum mentioned in that section or the manner of computation of that sum; [Act 39 of 2021 wef 01/01/2022] ( ga ) for the purposes of section 14, including specifying — (i) any limitation on recovery by the Board mentioned in section 14(3); and (ii) the prescribed period mentioned in section 14(3A)( b ) and different periods for different types of cash grants or specified payments; [Act 39 of 2021 wef 01/01/2022] ( gaa ) for the purposes of sections 15 and 15AA, including — (i) to provide that a physical or mental condition is a significant condition for the purposes of section 15AA only if it is approved by the Minister and causes disability of a description or to an extent specified by the Minister; and (ii) requirements and limits applicable to payments or transfers under section 15(7A); [Act 39 of 2021 wef 01/03/2022] ( gb ) for the purposes of section 71; ( h ) to provide for a member of the Fund to apply, assign or withdraw all or part of the moneys standing to the member’s credit in the Fund, and for the repayment into the member’s account in the Fund of all or part of the moneys applied, assigned or withdrawn — (i) for the purchase or acquisition of any immovable property; (ii) for the repayment of any loan taken to finance or re‑finance the purchase or acquisition of any immovable property; (iii) for the payment of — (A) any improvement contribution due to the Housing and Development Board in respect of upgrading works carried out under Part 4A of the Housing and Development Act 1959, or any improvement contribution due to a Town Council in respect of lift upgrading works carried out under Part 4A of the Town Councils Act 1988; (AA) any interest imposed by the Housing and Development Board or the Town Council (as the case may be) on the improvement contribution referred to in sub‑paragraph (A), where the improvement contribution is paid in instalments; and (B) any costs, fees or other incidental expenses arising from such works; and (iv) for the payment of costs, fees or other expenses incurred — (A) for the purchase or acquisition of an immovable property; (B) to change the manner of holding of an immovable property from a joint tenancy to a tenancy in common, or vice versa; (C) for the transfer of any part (but not the whole) of the member’s estate or interest in an immovable property to any other person; (D) for obtaining any loan to finance or re-finance any purchase or acquisition referred to in sub‑paragraph (A); or (E) in connection with withdrawals of any money from the Fund; ( i ) to provide for a member of the Fund to apply or withdraw all or part of the moneys standing to the member’s credit in the Fund, and for the repayment into the member’s account in the Fund of all or part of the moneys applied or withdrawn — (i) for the repayment of any loan taken to finance or re‑finance the purchase or acquisition of any land (with or without any building thereon) and the cost incurred for the construction of any dwelling house thereon, including the payment of any cost, fee or other incidental expense incurred for the purchase or acquisition of that land and the construction of the dwelling house; and (ii) for the reimbursement of the cost for the purchase or acquisition of any land (with or without any building thereon) and the construction of any dwelling house thereon, including the payment of any cost, fee or other incidental expense incurred for the purchase or acquisition of that land and the construction of the dwelling house; ( j ) to provide, in respect of medical, psychiatric or other treatment or services received, or to be received, by a member or by the member’s spouse, child or parent or by such other persons as may be prescribed, for — (i) the withdrawal of money from the medisave account of the member for payment for such treatment or services; and (ii) the repayment of such payment by any person who has received such payment; ( ja ) for the purposes of sections 16B and 16C, and in particular — (i) to provide for the determination of the following matters or prescribe the person or persons who will make a determination of the following matters: (A) the circumstances in which any amount standing to the credit of a member in the member’s medisave account is permitted to be withdrawn; (B) the amount that may be withdrawn from the member’s medisave account for different classes of members; (C) the manner in which the amount withdrawn from the member’s medisave account may be paid, including by payment to the member’s or another member’s account in the Fund; (D) the deduction (if any), from the member’s account in the Fund or from the amount mentioned in sub‑paragraph (B) that may be withdrawn, for any costs or expenses charged (including by any third party) for facilitating any payment mentioned in sub‑paragraph (C); (E) the repayment by any person of all or such part of the amount withdrawn (including the whole of such part, as the Board may determine, of the interest that would have been payable on the amount if the amount had not been so withdrawn) and payment to the Fund of the whole or such part of any reasonable expenses incurred by the Board, or any person or group of persons appointed by the Board or the Minister charged with the responsibility for health, in recovering such sum or interest; (F) the circumstances in which a repayment mentioned in sub‑paragraph (E) is to be made, the person or persons who are to make the repayment, and the manner in which any such repayment may be made, including by repayment to the member’s or any other person’s medisave account; (G) the manner in which a member’s dependant is related to the member for the purposes of determining the eligibility to withdraw from the member’s medisave account, which may be different for different classes of members; and (ii) to provide for the Board to retain the amount permitted to be withdrawn under sub‑paragraph (i)(A) and set it off against any amount payable to the member’s account in the Fund mentioned in sub‑paragraph (i)(C); ( k ) to provide, in any case where a member or his or her dependant is insured under a medical insurance scheme or other insurance scheme approved by the Minister charged with the responsibility for health, for — (i) the withdrawal of money from the member’s medisave account for the payment of any premium payable by the member or his or her dependant in respect of the medical insurance scheme or other insurance scheme; (ii) the refund or repayment of any premium paid by the member or his or her dependant in respect of the medical insurance scheme or other insurance scheme, the circumstances under which any such refund will be made, and the determination of the manner in which any such refund or repayment will be made (including the person who will make any such determination); and (iii) the payment of any rebate given in respect of the medical insurance scheme or other insurance scheme, the circumstances under which any such payment will be made, and the determination of the manner in which any such payment will be made (including the person who will make any such determination); ( ka ) to provide for the transfer of money from the medisave account of a member to his or her ordinary account, special account and retirement account, if any; ( kb ) for the purposes of sections 13(5AA), 13AA and 15(1B) and (7E) and other provisions of this Act relating to the use of a special account or its closure, including in relation to — (i) the transfer of moneys from a member’s special account to the member’s retirement account or ordinary account, or both, in connection with the closure of the special account; (ii) the transfer of moneys between subsidiary accounts of a member; (iii) the transfer of moneys from a member’s subsidiary account to another member’s subsidiary account, or to the general moneys of the Fund; (iv) the order in which moneys or interest (or both) may be paid to, or deducted, transferred or withdrawn from, a member’s retirement account or ordinary account, or both; (v) the allocation between the retirement account and ordinary account of a member of moneys or interest (or both) that may be paid to, or deducted, transferred or withdrawn from, either or both of those accounts; (vi) the different application of any of the matters described in sub-paragraphs (i) to (v) in different circumstances or for different classes of members; and (vii) any transitional, saving and other consequential, incidental and supplemental provisions in connection with the closure of the special account that are necessary or expedient; [Act 33 of 2024 wef 19/01/2025] ( l ) to provide for rates of contributions, other than those specified in the First Schedule, in respect of employees declared by the President to be employees for the purp


document_id: cpfa-1953
provision_ref: s78
chapter: PART 8 - MISCELLANEOUS
section: 78
title: Regulations and rules to be presented to Parliament
content:
78. —(1) All regulations and rules made under this Act, unless it is otherwise provided by those regulations and rules, come into operation on the date of their publication in the Gazette . (2) Such regulations and rules must be presented to Parliament as soon as possible after publication. (3) Such regulations and rules remain in force until disapproved or altered by resolution of Parliament. (4) Any regulation or rule altered by a resolution of Parliament comes into operation as altered from the date of the passing of the resolution.


document_id: cpfa-1953
provision_ref: s79
chapter: PART 8 - MISCELLANEOUS
section: 79
title: Reciprocal agreements
content:
79. —(1) The Minister may, after consulting with the Board, enter into a reciprocal agreement with the government of any other territory in which a fund similar to the Fund has been established and the agreement may provide, amongst other matters, that — ( a ) any period of employment by an employer in the territory of that government is to be treated as a period of employment in Singapore by that employer for the purpose of the definition of “employee” in section 2; ( b ) subject to such conditions as may be laid down in the reciprocal agreement, any amount standing to the credit of any member of the Fund who is employed by any employer in the territory of that government may be transferred to his or her credit in the fund; and ( c ) any amount standing to the credit in the fund of any person who becomes a member of the Fund may be transferred to his or her credit in the Fund. (2) If any such reciprocal agreement containing such provisions is entered into, the definition of employee in section 2 is deemed to be modified accordingly, so that — ( a ) a person is not required to contribute to the Fund in respect of any period during which the person was not employed in Singapore; ( b ) an employer is not required to contribute in respect of any employee during that period; and ( c ) the transfer by the Board of credits to and from the Fund in that manner is permitted. (3) Any reciprocal agreement made under subsection (1) must be published in the Gazette and comes into operation on the date of the publication or on such later date as may be provided in the agreement.


document_id: cpfta-2003
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “chief executive” means the chief executive of the Commission and includes any person acting in that capacity; “Commission” means the Competition and Consumer Commission of Singapore established by section 3 of the Competition Act 2004; “consumer” means an individual who, otherwise than exclusively in the course of business — ( a ) receives or has the right to receive goods or services from a supplier; or ( b ) has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual; “consumer transaction” means — ( a ) the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or ( b ) an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in the First Schedule; “financial product” includes any arrangement, transaction or contract regulated, or supplied by any person regulated, under — ( a ) any written law administered by the Monetary Authority of Singapore; ( b ) the Commodity Trading Act 1992; or ( c ) any other written law that the Minister may by order prescribe; “financial services” includes any services regulated, or supplied by any person regulated, under — ( a ) any written law administered by the Monetary Authority of Singapore; ( b ) the Commodity Trading Act 1992; or ( c ) any other written law that the Minister may by order prescribe; “flat” means a horizontal stratum of any building or part thereof, whether the stratum or part is on one or more levels or is partially or wholly below the surface of the ground; “goods” means — ( a ) any personal property, whether tangible or intangible, and includes — (i) chattels that are attached or intended to be attached to real property on or after delivery; and (ii) financial products and credit, including credit extended solely on the security of land; ( b ) any residential property; or ( c ) a voucher; “hire-purchase agreement” has the meaning given by the Hire‑Purchase Act 1969; “material fact” means any information that a supplier knows or ought reasonably to know would affect the decision of a consumer to enter into a consumer transaction; “motor vehicle” has the meaning given by section 2 of the Road Traffic Act 1961; “motor vehicle dealer” means a supplier of motor vehicles; “motor vehicle sale contract” means a contract between a consumer and a motor vehicle dealer for the sale of a motor vehicle to the consumer; “residential property” means any house, flat or other premises which is permitted to be used pursuant to any written law as a dwelling house and any such house, flat or other premises which is in the course of being constructed; “services” includes — ( a ) a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property; ( b ) a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners; ( c ) the right to use time share accommodation under a time share contract; and ( d ) financial services; “Small Claims Tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970; “specified body” means any person or body appointed under section 8(10); “specified dispute resolution scheme” means, in respect of disputes arising in relation to any consumer transaction, any dispute resolution scheme specified for the purposes of section 7(11) by regulations made under section 43(2)( k ) in respect of disputes arising in relation to a class of consumer transactions to which that consumer transaction belongs; “supplier” means a person who, in the course of the person’s business — ( a ) provides goods or services to consumers; ( b ) manufactures, assembles or produces goods; ( c ) promotes the use or purchase of goods or services; or ( d ) receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, has corresponding meanings; “time share accommodation” means any living accommodation, in Singapore or elsewhere, used or intended to be used (wholly or partly) for leisure purposes by a class of persons all of whom have rights to use, or participate in arrangements under which they may use, that accommodation or accommodation within a pool of accommodation to which that accommodation belongs; “time share contract” means a contract which confers or purports to confer on an individual time share rights that are exercisable during a period of not less than 3 years; “time share related contract” means a contract to assist a consumer to dispose of the consumer’s time share rights conferred under a time share contract; “time share rights” means rights to use time share accommodation for a specified or ascertainable period, but does not include rights under a contract of employment or an insurance policy; “unfair practice” means an unfair practice within the meaning of section 4; “voucher” means any document that purports to give the holder of the document the right to obtain goods or a service or the right to obtain goods or a service at a discounted or reduced price. [5/2014; 25/2016; 10/2018] (2) An individual who holds himself or herself out as acting exclusively in the course of business is treated as acting exclusively in the course of business for the purpose of the definition of “consumer” in subsection (1). (3) For the purposes of the definitions of “financial product” and “financial services” in subsection (1), a reference to a person regulated under a written law includes a person exempted from being licensed, approved or regulated under that written law.


document_id: cpfta-2003
provision_ref: s3
chapter: PART 2 - UNFAIR PRACTICES
section: 3
title: Application of Part
content:
3. This Part does not apply unless — ( a ) the supplier or consumer is resident in Singapore; or ( b ) the offer or acceptance relating to the consumer transaction is made in or is sent from Singapore. [7/2012]


document_id: cpfta-2003
provision_ref: s4
chapter: PART 2 - UNFAIR PRACTICES
section: 4
title: Meaning of unfair practice
content:
4. It is an unfair practice for a supplier, in relation to a consumer transaction — ( a ) to do or say anything, or omit to do or say anything, if as a result a consumer might reasonably be deceived or misled; ( b ) to make a false claim; ( c ) to take advantage of a consumer if the supplier knows or ought reasonably to know that the consumer — (i) is not in a position to protect his or her own interests; or (ii) is not reasonably able to understand the character, nature, language or effect of the transaction or any matter related to the transaction; or ( d ) without limiting paragraphs ( a ), ( b ) and ( c ), to do anything specified in the Second Schedule.


document_id: cpfta-2003
provision_ref: s5
chapter: PART 2 - UNFAIR PRACTICES
section: 5
title: Circumstances surrounding unfair practice
content:
5. —(1) An unfair practice may occur before, during or after a consumer transaction. (2) An unfair practice may consist of a single act or omission. (3) In determining whether or not a person has engaged in an unfair practice — ( a ) the reasonableness of the actions of that person in those circumstances is to be considered; and ( b ) an act or omission by an employee or agent of a person is deemed also to be an act or omission of the person if the act or omission occurred in the course of — (i) the employee’s employment with the person; or (ii) the agent exercising the powers or performing the duties on behalf of the person within the scope of the agent’s actual or apparent authority.


document_id: cpfta-2003
provision_ref: s6
chapter: PART 2 - UNFAIR PRACTICES
section: 6
title: Consumer’s right to sue for unfair practice
content:
6. —(1) A consumer who has entered a consumer transaction involving an unfair practice may commence an action in a court of competent jurisdiction against the supplier. (2) The right to commence an action under subsection (1) does not apply where — ( a ) the amount of the claim exceeds the prescribed limit; or ( b ) there is no claim for money, and the remedy or relief sought in the action is in respect of a subject matter the value of which exceeds the prescribed limit. (3) For the purposes of subsection (2)( a ), where the amount claimed consists of a balance not exceeding the prescribed limit after set-off of any amount claimed or recoverable by the supplier from the consumer, being a set-off admitted by the consumer in the particulars of his or her claim, the amount of the claim is not taken to exceed the prescribed limit. (4) For the purposes of subsection (2)( b ), where the subject matter in an action is a residential property, its value is — ( a ) the annual value of the immovable property appearing in the Valuation List prepared under section 10 of the Property Tax Act 1960; ( b ) the annual rent, or 12 times the monthly rent, payable by the tenant in respect of the immovable property (if this value is lower than the value in paragraph ( a )); or ( c ) if the annual value, annual rent or monthly rent cannot be ascertained, one-tenth of the last transacted price. (5) Where the amount of a claim in an action under subsection (1) exceeds the prescribed limit, the consumer may abandon the excess and thereafter — ( a ) the amount of the claim is deemed to be within the prescribed limit; ( b ) the consumer must not recover in that action an amount exceeding the prescribed limit; and ( c ) an order of the court in relation to that action is in full discharge of all demands in respect of that cause of action. (6) The prescribed limit mentioned in this section is $30,000 or any other amount that the Minister may, by order in the Gazette , prescribe. (7) Any party to an action in a court under subsection (1) may, at any time, apply to that court to stay the proceedings so far as the proceedings relate to an unfair practice in respect of which an application has been made under section 9 against the same supplier. (8) The court to which an application under subsection (7) has been made may, if the court is satisfied that the determination in respect of the application under section 9 will be material to the action under subsection (1), make an order, upon such terms as the court thinks fit, staying the proceedings so far as the proceedings relate to that unfair practice. (9) Where no party to the proceedings has taken any further step in the proceedings for a period of 2 or more years after an order staying the proceedings has been made, the court may, on its own motion, make an order discontinuing the proceedings without prejudice to the right of any of the parties to apply for the discontinued proceedings to be reinstated.


document_id: cpfta-2003
provision_ref: s7
chapter: PART 2 - UNFAIR PRACTICES
section: 7
title: Jurisdiction and powers of courts
content:
7. —(1) Despite section 5(1)( a ) of the Small Claims Tribunals Act 1984, a Small Claims Tribunal has jurisdiction to hear and determine — ( a ) any action under section 6(1) insofar as the action relates to an unfair practice involving a relevant contract; ( b ) any action under section 8(6), (7) or (8) insofar as the action relates to an undertaking in respect of an unfair practice involving a relevant contract; ( c ) any action under any regulations made under section 11 insofar as the action relates to a relevant contract, a time share contract or a time share related contract; ( d ) any action under any provisions specified under section 43(2)( j ), insofar as the action relates to a relevant contract; or ( e ) any action insofar as it relates to a deposit paid in relation to or in contemplation of a motor vehicle sale contract. [33/2018] (2) In subsection (1), “relevant contract” means a contract mentioned in paragraph 1( a ) or ( c ) of the Schedule to the Small Claims Tribunals Act 1984, but does not include a contract relating to the sale of immovable property. [33/2018] (3) To avoid doubt, subsections (1)( b ) and (2) to (5) of section 5 of the Small Claims Tribunals Act 1984 apply, with the necessary modifications, to a Small Claims Tribunal exercising the jurisdiction conferred by subsection (1). [33/2018] (4) For the purposes of determining whether an action under section 6(1) exceeds the District Court limit or the Magistrate’s Court limit within the meaning of the State Courts Act 1970, such an action is deemed to be a claim founded on contract. [5/2014] (5) Without prejudice to any other powers of the court to grant relief, a court (other than a Small Claims Tribunal) may in any proceedings where the court finds that a supplier has engaged in an unfair practice — ( a ) order restitution of any money, property or other consideration given or furnished by the consumer; ( b ) award the consumer damages in the amount of any loss or damage suffered by the consumer as a result of the unfair practice; ( c ) make an order of specific performance against the supplier; ( d ) make an order directing the supplier to repair goods or provide parts for goods; or ( e ) make an order varying the contract between the supplier and the consumer. (6) To avoid doubt, in an action under section 6(1) before a Small Claims Tribunal, the Tribunal may make orders pursuant to the provisions of the Small Claims Tribunals Act 1984. (7) Despite subsections (5) and (6), the court is not to grant any relief in respect of any goods or services intended for business use in an action under section 6(1). (8) For the purposes of subsection (7), the court may apportion the use of goods and services between business use and non‑business use as the court considers just and equitable in the circumstances of the case (even though the goods or services are indivisible) and grant relief only in respect of the portion of goods and services so attributed with non‑business use. (9) For the purposes of subsections (7) and (8) and section 39, goods or services intended for business use include — ( a ) goods or services (as the case may be) that the consumer intends to resell in the course of his or her business; and ( b ) goods that the consumer intends to use up or transform, in the course of his or her business, in a process of production or manufacturing or in repairing or treating other goods or fixtures, and “business use” and “non-business use” are construed accordingly. (10) Where the court finds that an unfair practice has occurred, the court must, in making an order in an action under section 6(1), have regard to whether or not the consumer made a reasonable effort to — ( a ) minimise any loss or damage resulting from the unfair practice; and ( b ) resolve the dispute with the supplier before commencing the action. (11) For the purposes of subsection (10)( b ), if any specified dispute resolution scheme was available to the consumer in respect of the dispute, the court must consider whether the consumer had sought to resolve the dispute through the scheme.


document_id: cpfta-2003
provision_ref: s8
chapter: PART 2 - UNFAIR PRACTICES
section: 8
title: Voluntary compliance agreement
content:
8. —(1) Where there are reasonable grounds for believing that a supplier has engaged, is engaging or is likely to engage in an unfair practice, a specified body may invite the supplier to enter into a voluntary compliance agreement. (2) The voluntary compliance agreement must — ( a ) be in writing; and ( b ) include an undertaking that the supplier will not engage in the unfair practice. (3) Subject to subsection (5), the specified body may (with the agreement of the supplier) include in a voluntary compliance agreement all or any of the following undertakings by the supplier: ( a ) to compensate any consumer who has suffered loss or damage as a result of an unfair practice; ( b ) to reimburse any specified body for any costs or expenses incurred by it; ( c ) to publicise the voluntary compliance agreement, in the manner or upon the terms specified in the undertakings. (4) Subject to subsection (5), the specified body may (after entering into a voluntary compliance agreement and with the agreement of the supplier) — ( a ) vary the terms of any undertaking included in the voluntary compliance agreement; or ( b ) include, in the voluntary compliance agreement, additional undertakings mentioned in subsection (3). (5) No undertaking referred to in subsection (3)( a ) may be included in a voluntary compliance agreement or varied after its inclusion, except at the request of the consumer to whom the undertaking relates. (6) Where a supplier fails to comply with any undertaking referred to in subsection (3)( a ), the consumer may recover the compensation specified in the undertaking as a civil debt due to the consumer. (7) Where a supplier fails to comply with any undertaking referred to in subsection (3)( b ), the specified body may recover the reimbursement specified in the undertaking as a civil debt due to the specified body. (8) Where a supplier fails to comply with any undertaking referred to in subsection (3)( c ), the specified body may publicise the voluntary compliance agreement in accordance with the undertaking and recover the costs and expenses so incurred from the supplier as a civil debt due to the specified body. (9) Unless otherwise provided in the voluntary compliance agreement, recovery of compensation or reimbursement (as the case may be) under a voluntary compliance agreement or under subsection (6), (7) or (8) bars all further actions to recover any loss, damage, costs or expenses to which the undertaking so enforced relates. (10) The Minister may appoint any person or body as a specified body for the purposes of this section. [Act 5 of 2025 wef 09/03/2025] (11) An appointment under subsection (10) must be published in the Gazette . [25/2016] [Act 5 of 2025 wef 09/03/2025]


document_id: cpfta-2003
provision_ref: s9
chapter: PART 2 - UNFAIR PRACTICES
section: 9
title: Declaration or injunction
content:
9. —(1) Where a supplier has engaged, is engaging or is likely to engage in an unfair practice, the District Court or General Division of the High Court may, on the application of the Commission — ( a ) make a declaration that the practice engaged in or about to be engaged in by the supplier is an unfair practice; ( b ) grant an injunction restraining the supplier from engaging in the unfair practice; and ( c ) if the District Court or General Division of the High Court grants relief under paragraph ( a ) or ( b ), make in addition one or more of the accompanying orders mentioned in subsection (4). [25/2016; 10/2018; 40/2019] (2) Where an application is made to the District Court or General Division of the High Court for the grant of a declaration or an injunction under subsection (1), the power of the District Court or General Division of the High Court to grant the declaration or injunction may be exercised — ( a ) if the District Court or General Division of the High Court is satisfied that the supplier has engaged in the unfair practice, whether or not it appears to the District Court or General Division of the High Court that the supplier intends to engage again, or to continue to engage, in the unfair practice; or ( b ) if the District Court or General Division of the High Court is satisfied that, in the event that a declaration or an injunction is not granted, it is likely that the supplier will engage in the unfair practice, whether or not the supplier has previously engaged in the unfair practice and whether or not there is any likelihood of irreparable harm to any consumer or class of consumers if the supplier engages in the unfair practice. [25/2016; 40/2019] (3) Where an application is made to the District Court or General Division of the High Court for an injunction under subsection (1), the District Court or General Division of the High Court may (pending determination of the application) grant an interim injunction restraining the supplier from engaging in the unfair practice, if the District Court or General Division of the High Court considers it desirable to do so — ( a ) whether or not it appears to the District Court or General Division of the High Court that the supplier intends to engage again, or to continue to engage, in the unfair practice; or ( b ) whether or not the supplier has previously engaged in the unfair practice and whether or not there is any likelihood of irreparable harm to any consumer or class of consumers if the supplier engages in the unfair practice. [25/2016; 40/2019] (4) The accompanying orders for the purposes of subsection (1)( c ) are as follows: ( a ) an order that the supplier must periodically publish, at the supplier’s expense, for a specified period that the supplier continues to be a supplier, the details of the declaration or injunction in the form and manner and at the intervals as will secure prompt and adequate publicity for the declaration or injunction against the supplier; ( b ) an order that the supplier must, before any consumer enters into a contract in relation to a consumer transaction with the supplier during a specified period — (i) notify the consumer in writing about the declaration or injunction against the supplier; and (ii) obtain the consumer’s written acknowledgment of the notice in sub‑paragraph (i); ( c ) an order that the supplier must include in every invoice or receipt issued by the supplier to a consumer during a specified period, a statement that the District Court or General Division of the High Court has granted a declaration or injunction against the supplier; ( d ) an order that the supplier must, within 14 days after any of the following events occurring in a specified period, notify the Commission in writing: (i) a change in the premises or number of premises at which the supplier carries on business as a supplier; (ii) a change in the Internet address or number of Internet addresses through which consumer transactions with the supplier may be entered into; (iii) the supplier converts from a firm or private company to a limited liability partnership under section 26 or 27 of the Limited Liability Partnerships Act 2005, respectively; (iv) the supplier undergoes any arrangement, reconstruction or amalgamation under Part 7 of the Companies Act 1967; (v) an order is made under section 71 of the Insolvency, Restructuring and Dissolution Act 2018 approving a compromise or an arrangement between the supplier and the supplier’s creditors; (vi) the supplier is subject to receivership under Part 6 of the Insolvency, Restructuring and Dissolution Act 2018; (vii) the supplier is subject to judicial management under Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018; [Act 31 of 2022 wef 01/11/2022] (viii) the supplier is subject to winding up under Parts 8 and 9 of the Insolvency, Restructuring and Dissolution Act 2018; [Act 31 of 2022 wef 01/11/2022] (ix) any other event prescribed under this Act; ( e ) where the supplier is an individual, an order that the individual must inform the Commission in writing if a notifiable event occurs in a specified period; ( f ) where the supplier is a partnership that has one or more partners who are individuals, an order that any one or all of those individuals must inform the Commission in writing if a notifiable event occurs in a specified period; ( g ) an order that the supplier must reimburse the Commission for the cost of publishing or causing to be published all or any of the following: (i) a notice that the Commission has commenced an action under subsection (1) against the supplier; (ii) a notice that an interim injunction has been granted against the supplier under subsection (3), and details of the interim injunction; (iii) a notice that an injunction, declaration, or both, have been granted against the supplier under subsection (1), and details of the injunction and declaration. [25/2016; 10/2018; 40/2018; 40/2019] (5) For the purposes of subsection (4)( a ) and ( g )(ii) and (iii), a reference to the details of a declaration, an injunction or an interim injunction granted against a supplier includes the following: ( a ) particulars of the declaration, injunction or interim injunction, as the case may be; ( b ) the name of the supplier; ( c ) whether the supplier is subject to any other subsisting declaration or injunction, or both, pursuant to any other action commenced under this section; ( d ) the address at which the supplier is carrying on the supplier’s business; ( e ) where the supplier carries on business through the Internet, the Internet address at which the supplier may enter into a consumer transaction with a consumer. [25/2016] (6) Where the District Court or General Division of the High Court makes 2 or more accompanying orders mentioned in subsection (4)( a ), ( b ), ( c ) and ( d ) against a supplier, the specified period in respect of each of the orders must be the same. [25/2016; 40/2019] (7) Subject to subsections (8), (9), (10) and (11), a reference to a specified period in subsection (4) is a reference to such period specified by the District Court or General Division of the High Court, not exceeding 5 years or any other period that the Minister may prescribe in place of the 5 years. [25/2016; 40/2019] (8) If a supplier fails to comply with an order mentioned in subsection (4)( a ), ( b ), ( c ) and ( d ) accompanying a declaration or injunction made under subsection (1), the District Court or General Division of the High Court which made the declaration or injunction may, on the application of the Commission, extend the specified period in the order to any time not exceeding the maximum period specified in subsection (10). [25/2016; 10/2018; 40/2019] (9) If an individual fails to comply with an order mentioned in subsection (4)( e ) or ( f ) accompanying a declaration or an injunction made under subsection (1), the District Court or General Division of the High Court which made the declaration or injunction may, on the application of the Commission, extend the specified period in the order to any time not exceeding the maximum period specified in subsection (10). [25/2016; 10/2018; 40/2019] (10) In subsections (8) and (9), the aggregate of the specified period and all extensions of time under each of those provisions must not exceed 10 years after the date on which the accompanying order under subsection (4) was made, or any other period that the Minister may prescribe in place of the 10 years. [25/2016] (11) For the purposes of subsections (7) and (10), any period prescribed by the Minister applies to any application made by the Commission under subsection (1), (8) or (9) (as the case may be) on or after the date of the prescription. [25/2016; 10/2018] (12) Without affecting subsection (8), if a supplier enters into a consumer transaction with a consumer in breach of an accompanying order mentioned in subsection (4)( b ), then the consumer may, within 6 months after the date on which the contract was entered into, cancel the contract in accordance with regulations made under section 43(2)( m ). [25/2016] (13) Subsections (8), (9) and (12) apply despite any proceedings which may be commenced against the supplier or individual (as the case may be) for contempt of court. [25/2016] (14) If a practice of the supplier has been declared or permanently enjoined by the District Court or General Division of the High Court as being an unfair practice under this section, the order is, in any other civil proceedings involving the supplier except an appeal from the order, conclusive proof that the practice in question is an unfair practice. [25/2016; 40/2019] (15) In this section and section 10, “notifiable event” means an event specified in the Fifth Schedule. [25/2016]


document_id: cpfta-2003
provision_ref: s10
chapter: PART 2 - UNFAIR PRACTICES
section: 10
title:
Injunction against person from knowingly abetting, aiding, permitting or procuring supplier to engage in unfair practice

content:
10. —(1) The District Court or General Division of the High Court may, on the application of the Commission, grant an injunction restraining a person from knowingly abetting, aiding, permitting or procuring a supplier to engage in an unfair practice if — ( a ) the District Court or General Division of the High Court is satisfied that the person has knowingly abetted, aided, permitted or procured the supplier to engage in the unfair practice; or ( b ) the District Court or General Division of the High Court is satisfied that, in the event that an injunction is not granted, it is likely that the person will knowingly abet, aid, permit or procure the supplier to engage in the unfair practice. [25/2016; 10/2018; 40/2019] (2) An order under subsection (1)( a ) may be made whether or not it appears to the District Court or General Division of the High Court that the person intends to continue to abet, aid, permit or procure the supplier to engage in the unfair practice. [25/2016; 40/2019] (3) An order under subsection (1)( b ) may be made whether or not — ( a ) the person has previously abetted, aided, permitted or procured the supplier to engage in the unfair practice; or ( b ) there is any likelihood of irreparable harm to any consumer or class of consumers — (i) if the person abets, aids, permits or procures the supplier to engage in the unfair practice; or (ii) if the supplier engages in the unfair practice. [25/2016] (4) Pending the determination of an application by the Commission made under subsection (1), the District Court or General Division of the High Court hearing the application may grant an interim injunction restraining the person from knowingly abetting, aiding, permitting or procuring the supplier to engage in an unfair practice, if the District Court or General Division of the High Court considers it desirable to do so. [25/2016; 10/2018; 40/2019] (5) A District Court or the General Division of the High Court may grant an interim injunction under subsection (4) whether or not — ( a ) it appears to the District Court or General Division of the High Court that the person intends to continue to abet, aid, permit or procure the supplier to engage in the unfair practice; ( b ) the person has previously abetted, aided, permitted or procured the supplier to engage in the unfair practice; or ( c ) there is any likelihood of irreparable harm to any consumer or class of consumers — (i) if the person abets, aids, permits or procures the supplier to engage in the unfair practice; or (ii) if the supplier engages in the unfair practice. [25/2016; 40/2019] (6) If the District Court or General Division of the High Court makes an injunction under subsection (1) against a person, the District Court or General Division of the High Court may, in addition, order — ( a ) that the person must publish, at the person’s expense, for a specified period the particulars of the injunction in the form and manner and at the intervals as will secure prompt and adequate publicity for the injunction against the person; ( b ) that the person must reimburse the Commission for the cost of publishing or causing to be published all or any of the following: (i) a notice that the Commission has commenced an action under this section against the person; (ii) a notice that an interim injunction has been granted against the person under subsection (4), and details of the interim injunction; (iii) a notice that an injunction has been granted against the person under subsection (1), and details of the injunction; and ( c ) where the person is an individual, that the individual must, if a notifiable event occurs in the specified period, inform the Commission in writing within 14 days after the event. [25/2016; 10/2018; 40/2019] (7) For the purposes of subsection (6)( b )(ii) and (iii), a reference to the details of an injunction or interim injunction granted against a person includes — ( a ) the particulars of the injunction or interim injunction, as the case may be; ( b ) the name of the person; and ( c ) whether the person is subject to any other subsisting injunction pursuant to any other action commenced under this section. [25/2016] (8) Subject to subsection (9), a reference to a specified period in subsection (6)( c ) is a reference to such period specified by the District Court or General Division of the High Court, not exceeding 5 years or any other period that the Minister may prescribe in place of the 5 years. [25/2016; 40/2019] (9) If an individual fails to comply with an order made under subsection (6)( c ), the District Court or General Division of the High Court which made the injunction may, on the application of the Commission, extend the specified period mentioned in the order to any time not exceeding 10 years after the date on which the order under subsection (6)( c ) was made, or any other period that the Minister may prescribe in place of the 10 years. [25/2016; 10/2018; 40/2019] (10) For the purposes of subsections (8) and (9), any period prescribed by the Minister applies to any application made by the Commission under subsection (1) or (9) (as the case may be) on or after the date of the prescription. [25/2016; 10/2018] (11) Subsection (9) applies despite any proceedings which may be commenced against the individual for contempt of court. [25/2016]


document_id: cpfta-2003
provision_ref: s11
chapter: PART 2 - UNFAIR PRACTICES
section: 11
title: Right to cancel certain contracts within cancellation period
content:
11. —(1) The Minister may make regulations prescribing that a consumer who, in relation to a consumer transaction, has entered into a contract falling within any class of contracts specified in the regulations may cancel the contract within a cancellation period specified in the regulations. (2) For the purposes of this section, the Minister may make regulations prescribing — ( a ) the manner in which notices of cancellation may be properly given; ( b ) any notice that the supplier must give to the consumer and the manner in which the notice may be properly given; ( c ) the rights and obligations of parties to a contract cancelled pursuant to regulations made under this section, or any other contract entered into for the purposes of the cancelled contract, including the amount or value of any deposit, security, goods or compensation recoverable in an action arising from the cancellation; and ( d ) the effect of cancellation pursuant to regulations made under this section on any rights the parties to the contract may otherwise have.


document_id: cpfta-2003
provision_ref: s12
chapter: PART 2 - UNFAIR PRACTICES
section: 12
title: Limitation period
content:
12. —(1) No action under section 6 may be commenced later than 2 years after — ( a ) the date of the occurrence of the last material event on which the action is based; or ( b ) the earliest date on which the consumer had knowledge that the supplier had engaged in the unfair practice to which the action relates, including — (i) in the case of an unfair practice mentioned in section 4( a ) or ( b ) or involving any representation, act or omission that is false, deceptive or misleading, knowledge that the representation, act or omission is false, deceptive or misleading; and (ii) in the case of an unfair practice mentioned in section 4( c ) or involving taking advantage of the consumer, knowledge that the supplier had taken advantage of him or her, whichever occurs later. [25/2016] (2) No action under section 8(6), (7) or (8) may be commenced later than one year after the date of the failure to comply with the undertaking sought to be enforced. [25/2016] (3) No action under section 9 may be commenced later than 2 years — ( a ) after the date of the occurrence of the last material event on which the action is based; or ( b ) where the Commission alleges in the action that the supplier has engaged in an unfair practice in respect of any consumer, after the earliest date on which that consumer had knowledge that the supplier had engaged in the alleged unfair practice, as provided in subsection (1)( b ), whichever occurs later. [25/2016; 10/2018] (4) The Commission must commence an action under section 10 within 2 years after the date of the occurrence of the last material event on which the action is based. [25/2016; 10/2018] (5) No action under any regulations made under section 11 may be commenced later than one year after the date of the cancellation of the contract. [25/2016] (6) Knowledge that any representation, act or omission did or did not, as a matter of law, involve an unfair practice is irrelevant for the purposes of subsection (1)( b ). (7) For the purposes of subsection (1)( b ), a consumer’s knowledge includes knowledge which he or she might reasonably have been expected to acquire from facts — ( a ) observable or ascertainable by him or her; or ( b ) ascertainable by him or her with the help of appropriate expert advice which it is reasonable for him or her to seek. (8) A consumer is not taken, by virtue of subsection (7), to have knowledge of a fact ascertainable only with the help of expert advice so long as the consumer has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice. (9) The Limitation Act 1959 applies (with the necessary modifications, including the modifications set out in the Fourth Schedule) to actions referred to in this section as if such actions were actions for which a period of limitation is prescribed in Part 2 of the Limitation Act 1959.


document_id: cpfta-2003
provision_ref: s13
chapter: PART 3 - ADDITIONAL CONSUMER RIGHTS IN
section: 13
title: Interpretation of this Part
content:
13. —(1) In this Part, unless the context otherwise requires — “applicable contract” means — ( a ) a contract of sale of goods; ( b ) a contract for the transfer of goods; or ( c ) a hire-purchase agreement; “contract for the transfer of goods” has the meaning given by the Supply of Goods Act 1982; “contract of sale of goods” has the meaning given by the Sale of Goods Act 1979; “delivery” has the meaning given by the Sale of Goods Act 1979; “goods” — ( a ) in relation to a sale, has the meaning given by the Sale of Goods Act 1979; and ( b ) in relation to any other transfer, has the meaning given by the Supply of Goods Act 1982; “hire-purchase agreement” has the meaning given by the Hire‑Purchase Act 1969; “repair” means, in cases where there is a lack of conformity in goods within the meaning of subsection (4), to bring the goods into conformity with the contract; “transferee” — ( a ) in relation to a contract of sale of goods, means the buyer within the meaning of the Sale of Goods Act 1979; ( b ) in relation to a contract for the transfer of goods, has the meaning given by the Supply of Goods Act 1982; and ( c ) in relation to a hire-purchase agreement, means the hirer within the meaning of the Hire‑Purchase Act 1969; “transferor” — ( a ) in relation to a contract of sale of goods, means the seller within the meaning of the Sale of Goods Act 1979; ( b ) in relation to a contract for the transfer of goods, has the meaning given by the Supply of Goods Act 1982; and ( c ) in relation to a hire-purchase agreement, means the owner within the meaning of the Hire‑Purchase Act 1969. [7/2012] (2) References in this Part to dealing as consumer are to be construed in accordance with Part 1 of the Unfair Contract Terms Act 1977. [7/2012] (3) For the purposes of this Part, it is for a transferor claiming that the transferee does not deal as consumer to show that the transferee does not. [7/2012] (4) For the purposes of this Part, goods do not conform to — ( a ) a contract of sale of goods if there is, in relation to the goods, a breach of an express term of the contract or a term implied by section 13, 14 or 15 of the Sale of Goods Act 1979; ( b ) a contract for the supply or transfer of goods if there is, in relation to the goods, a breach of an express term of the contract or a term implied by section 3, 4 or 5 of the Supply of Goods Act 1982; and ( c ) a hire-purchase agreement if there is, in relation to the goods, a breach of an express term of the contract or a term implied by section 6A, 6B or 6C of the Hire‑Purchase Act 1969. [7/2012] (5) The following provisions do not apply to this Part: ( a ) the definitions of “consumer” and “goods” in section 2(1); ( b ) section 2(2); and ( c ) the provisions in Part 4. [12A [7/2012]


document_id: cpfta-2003
provision_ref: s14
chapter: PART 3 - ADDITIONAL CONSUMER RIGHTS IN
section: 14
title: Application of this Part
content:
14. —(1) This Part applies if — ( a ) the transferee deals as consumer; ( b ) the goods do not conform to the applicable contract at the time of delivery; and ( c ) the contract was made on or after 1 September 2012. [7/2012] (2) If this section applies, the transferee has the right — ( a ) under and in accordance with section 15, to require the transferor to repair or replace the goods; or ( b ) under and in accordance with section 16 — (i) to require the transferor to reduce the amount to be paid for the transfer by the transferee by an appropriate amount; or (ii) to rescind the contract with regard to the goods in question. [7/2012] (3) For the purposes of subsection (1)( b ), goods which do not conform to the applicable contract at any time within the period of 6 months starting after the date on which the goods were delivered to the transferee must be taken not to have so conformed at that date. [7/2012; 25/2016] (4) Subsection (3) does not apply if — ( a ) it is established that the goods did so conform at that date; or ( b ) its application is incompatible with the nature of the goods or the nature of the lack of conformity. [12B [7/2012]


document_id: cpfta-2003
provision_ref: s15
chapter: PART 3 - ADDITIONAL CONSUMER RIGHTS IN
section: 15
title: Repair or replacement of goods
content:
15. —(1) If section 14 applies, the transferee may require the transferor to — ( a ) repair the goods; or ( b ) replace the goods. [7/2012] (2) If the transferee requires the transferor to repair or replace the goods, the transferor must — ( a ) repair or (as the case may be) replace the goods within a reasonable time and without causing significant inconvenience to the transferee; and ( b ) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage). [7/2012] (3) The transferee must not require the transferor to repair or (as the case may be) replace the goods if that remedy is — ( a ) impossible; ( b ) disproportionate in comparison to the other of those remedies; or ( c ) disproportionate in comparison to an appropriate reduction in the amount to be paid for the transfer under paragraph ( a ), or rescission under paragraph ( b ), of section 16(1). [7/2012] (4) One remedy is disproportionate in comparison to the other if the one imposes costs on the transferor which, in comparison to those imposed on the transferor by the other, are unreasonable, taking into account — ( a ) the value which the goods would have if they conformed to the applicable contract; ( b ) the significance of the lack of conformity with the applicable contract; and ( c ) whether the other remedy could be effected without causing significant inconvenience to the transferee. [7/2012] (5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to — ( a ) the nature of the goods; and ( b ) the purpose for which the goods were acquired. [12C [7/2012]


document_id: cpfta-2003
provision_ref: s16
chapter: PART 3 - ADDITIONAL CONSUMER RIGHTS IN
section: 16
title: Reduction in amount to be paid or rescission of contract
content:
16. —(1) If section 14 applies, the transferee may — ( a ) require the transferor to reduce the amount to be paid for the transfer of the goods in question to the transferee by an appropriate amount; or ( b ) rescind the contract with regard to those goods, if the condition in subsection (2) is satisfied. [7/2012] (2) The condition is that — ( a ) by virtue of section 15(3) the transferee may require neither repair nor replacement of the goods; or ( b ) the transferee has required the transferor to repair or replace the goods, but the transferor is in breach of the requirement of section 15(2)( a ) to do so within a reasonable time and without causing significant inconvenience to the transferee. [7/2012] (3) For the purposes of this Part, if the transferee rescinds the contract, any reimbursement to the transferee may be reduced to take account of the use the transferee has had of the goods since they were delivered to the transferee. [12D [7/2012]


document_id: cpfta-2003
provision_ref: s17
chapter: PART 3 - ADDITIONAL CONSUMER RIGHTS IN
section: 17
title: Relation to other remedies, etc.
content:
17. —(1) If the transferee requires the transferor to repair or replace the goods, the transferee must not act under subsection (2) until the transferee has given the transferor a reasonable time in which to repair or replace (as the case may be) the goods. [7/2012] (2) The transferee acts under this subsection if — ( a ) the transferee rejects the goods and terminates the contract for breach of condition; or ( b ) the transferee requires the goods to be repaired or replaced, as the case may be. [12E [7/2012]


document_id: cpfta-2003
provision_ref: s18
chapter: PART 3 - ADDITIONAL CONSUMER RIGHTS IN
section: 18
title: Powers of court
content:
18. —(1) In any proceedings in which a remedy is sought under this Part, the court may, in addition to any other power it has, act under this section. [7/2012] (2) On the application of the transferee, the court may make an order requiring specific performance by the transferor of any obligation imposed on the transferor by virtue of section 15. [7/2012] (3) Subsection (4) applies if — ( a ) the transferee requires the transferor to give effect to a remedy under section 15 or 16 or has claims to rescind under section 16; but ( b ) the court decides that another remedy under section 15 or 16 is appropriate. [7/2012] (4) The court may proceed — ( a ) as if the transferee had required the transferor to give effect to the other remedy; or ( b ) if the other remedy is rescission under section 16, as if the transferee had claimed to rescind the contract under that section. [7/2012] (5) If the transferee has claimed to rescind the contract, the court may order that any reimbursement to the transferee be reduced to take account of the use the transferee has had of the goods since they were delivered to the transferee. [7/2012] (6) The court may make an order under this section unconditionally or on such terms and conditions as to damages, payment for the goods and otherwise as it thinks just. [7/2012] (7) Subject to its jurisdiction under section 5 of the Small Claims Tribunals Act 1984, a Small Claims Tribunal may, in addition to its powers under that Act, act under this section. [12F [7/2012]


document_id: cpfta-2003
provision_ref: s19
chapter: PART 3A - INVESTIGATION POWERS
section: 19
title: Power to investigate
content:
19. —(1) The Commission may conduct an investigation if there are reasonable grounds for suspecting — ( a ) that a supplier has engaged, is engaging or is likely to engage in an unfair practice; or ( b ) that a person — (i) has knowingly abetted, aided, permitted or procured; or (ii) is knowingly abetting, aiding, permitting or procuring, a supplier to engage in an unfair practice. [25/2016; 10/2018] (2) The chief executive may appoint, by name or office — ( a ) any officer or employee of the Commission; or ( b ) any auxiliary police officer, to be an investigation officer for the purpose of conducting investigations under this Part. [25/2016; 10/2018] (3) Every investigation officer, when exercising any of the investigation officer’s powers under this Act, must — ( a ) declare the investigation officer’s office if the officer is an officer or employee of the Commission; and ( b ) on demand, produce to any person affected by the exercise of that power such identification card as the chief executive may issue for this purpose. [25/2016; 10/2018] (4) It is not an offence for any person to refuse to comply with any request, demand or order of an investigation officer if the investigation officer does not comply with subsection (3). [25/2016] (5) In this section, “auxiliary police officer” means a person appointed as such under Part 9 of the Police Force Act 2004. [12G [25/2016]


document_id: cpfta-2003
provision_ref: s20
chapter: PART 3A - INVESTIGATION POWERS
section: 20
title: Power to require documents, articles or information
content:
20. —(1) The Commission may, by written notice to a supplier mentioned in section 19(1)( a ) or a person mentioned in section 19(1)( b ) (called in this Part the person under investigation), require the person under investigation to produce to the Commission a specified document or article, or to provide the Commission with specified information, which the Commission considers to be relevant to an investigation mentioned in section 19(1). [25/2016; 10/2018] (2) A notice under subsection (1) must — ( a ) indicate the purpose for which the specified document or article or specified information is required by the Commission; and ( b ) be accompanied by a copy of the offences under sections 27, 28, 29 and 30. [25/2016; 10/2018] (3) The Commission may also specify in the notice — ( a ) the time and place at which the specified document or article is to be produced or specified information is to be provided; and ( b ) the manner and form in which the specified document or article or specified information is to be produced or provided. [25/2016; 10/2018] (4) The power under this section to require a person under investigation to produce a document includes the power — ( a ) if the document is produced — (i) to take copies of, or extracts from, the document; and (ii) to require that person under investigation, or any other person who is a present or past officer of that person under investigation, or is or was at any time employed by that person under investigation, to provide an explanation of the document; or ( b ) if the document is not produced, to require the person under investigation or the other person mentioned in paragraph ( a )(ii) to state, to the best of that person’s knowledge and belief, where the document is. [25/2016] (5) In subsection (1), “specified” means — ( a ) specified or described in the notice; or ( b ) falling in a category which is specified or described in the notice. [12H [25/2016]


document_id: cpfta-2003
provision_ref: s21
chapter: PART 3A - INVESTIGATION POWERS
section: 21
title: Power to enter premises without warrant
content:
21. —(1) In connection with an investigation under section 19(1), an investigation officer and any other persons that the Commission has authorised in writing to accompany and assist the investigation officer (called in this section an authorised assistant) may enter any premises reasonably suspected of being used by the person under investigation in connection with an unfair practice. [25/2016; 10/2018] (2) An investigation officer or authorised assistant must not enter any premises in the exercise of the powers under this section unless the investigation officer has given the occupier of the premises a written notice which — ( a ) gives at least 2 working days’ notice of the intended entry; ( b ) indicates the subject matter and purpose of the investigation; and ( c ) is accompanied with a copy of the offences under sections 27, 28, 29 and 30. [25/2016] (3) Subsection (2) does not apply if the investigation officer has taken all the steps that are reasonably practicable to give notice but has not been able to do so. [25/2016] (4) Where subsection (3) applies, the power of entry conferred by subsection (1) may be exercised on the production of — ( a ) evidence of the investigation officer’s authorisation and the authorisation of every authorised assistant accompanying the investigation officer; and ( b ) a document containing the information mentioned in subsection (2)( b ) and ( c ). [25/2016] (5) An investigation officer or authorised assistant entering any premises under this section may — ( a ) inspect and search the premises; ( b ) take any photograph or audio or video recording that the investigation officer or authorised assistant thinks necessary, of the premises and persons on the premises reasonably believed to be acquainted with the facts and circumstances relevant to the investigation; ( c ) seize and detain any goods found on the premises that the investigation officer or authorised assistant reasonably believes to be relevant to the investigation, and carry out an examination of the goods to ascertain whether the supplier concerned has engaged in any unfair practice under investigation; ( d ) bring any equipment which the investigation officer or authorised assistant considers to be necessary; ( e ) require any person on the premises — (i) to produce any document which the investigation officer or authorised assistant considers relevant to the investigation; (ii) if the document is produced, to provide an explanation of it; and (iii) if the document is not produced, to state, to the best of the person’s knowledge and belief, where the document is to be found; ( f ) take copies of, or extracts from, any document that is produced; ( g ) if the investigation officer or authorised assistant considers any information that is stored in any electronic form and is accessible from the premises to be relevant to the investigation, require that information to be produced in a form in which the information — (i) can be taken away; and (ii) is visible and legible; and ( h ) take any step which appears to be necessary to preserve or prevent interference with any document which the investigation officer or authorised assistant considers relevant to the investigation. [12I [25/2016]


document_id: cpfta-2003
provision_ref: s22
chapter: PART 3A - INVESTIGATION POWERS
section: 22
title: Power to enter premises under warrant
content:
22. —(1) The court may, on the application of the Commission, issue a warrant authorising by name an investigation officer and one or more authorised assistants to take all or any of the actions in subsection (3) in relation to the premises in respect of which any one of the conditions in subsection (2) applies. [25/2016; 10/2018] (2) The conditions are as follows: ( a ) there are reasonable grounds for suspecting that there are on any premises, documents which have not been produced as required by the Commission under section 20 or 21(5)( e ); ( b ) there are reasonable grounds for suspecting that — (i) there are on any premises documents which the Commission has power under section 20 to require to be produced; and (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; ( c ) there are reasonable grounds for suspecting that — (i) there are on any premises documents or goods which the Commission has power under section 21 to require to be produced or to seize and detain; and (ii) if notice is given under section 21(2), the documents or goods would be concealed, removed, tampered with or destroyed; ( d ) an investigation officer or an authorised assistant has attempted to enter the premises in the exercise of the investigation officer’s or the authorised assistant’s powers (as the case may be) under section 21 but has been unable to do so and there are reasonable grounds for suspecting that there are on the premises — (i) documents the production of which could have been required under that section; or (ii) goods which may be seized and detained under that section. [25/2016; 10/2018] (3) The actions, in relation to the premises mentioned in subsection (2)( a ), ( b ), ( c ) and ( d ), are as follows: ( a ) enter those premises using any force that is reasonably necessary for the purpose; ( b ) search any person on those premises if there are reasonable grounds for believing that the person has in the person’s possession any document, goods, equipment or article which is relevant to the investigation; ( c ) take any photograph or audio or video recording that the named investigation officer or authorised assistant thinks necessary, of the premises and persons on the premises reasonably believed to be acquainted with the facts and circumstances relevant to the investigation; ( d ) seize and detain any goods found on the premises that the named investigation officer or authorised assistant reasonably believes to be relevant to the investigation, and examine the goods to ascertain whether the supplier concerned has engaged in any unfair practice under investigation; ( e ) bring any equipment which the named investigation officer or authorised assistant considers to be necessary; ( f ) search the premises and take copies of, or extracts from, any document appearing to be relevant to the investigation; ( g ) take possession of any document found on the premises appearing to be relevant to the investigation if — (i) the action appears to be necessary to preserve or prevent interference with the document; or (ii) it is not reasonably practicable to take copies of the document on the premises; ( h ) take any other step which appears to be necessary for the purpose mentioned in paragraph ( g )(i); ( i ) require any person on the premises — (i) to produce any document which the named investigation officer or authorised assistant considers relevant to the investigation; (ii) if the document is produced, to provide an explanation of it; and (iii) if the document is not produced, to state, to the best of the person’s knowledge and belief, where the document is to be found; ( j ) if the named investigation officer or authorised assistant considers any information that is stored in any electronic form and is accessible from the premises to be relevant to the investigation, require that information to be produced in a form in which the information — (i) can be taken away; and (ii) is visible and legible; ( k ) remove from those premises for examination any equipment or article which is relevant to the investigation. [25/2016] (4) If the court issues a warrant on the grounds in subsection (2)( b ) or ( c ), the court may also, on the application of the Commission, authorise the named investigation officer and any authorised assistant to exercise the power under the warrant in respect of any other document relating to the investigation concerned that the court is satisfied it is reasonable to suspect is on the premises. [25/2016; 10/2018] (5) If any equipment or article may be removed from any premises for examination under subsection (3)( k ), the named investigation officer or authorised assistant may instead allow the equipment or article to be retained on those premises subject to the requirements that the named investigation officer or authorised assistant may impose on the owner or occupier of the premises. [25/2016] (6) A warrant issued under this section must — ( a ) indicate the subject matter and purpose of the investigation; and ( b ) be accompanied by a copy of the offences under sections 27, 28, 29 and 30, and continues in force for one month beginning on the day on which the warrant is issued, subject to the conditions that the court may specify. [25/2016] (7) The named investigation officer or authorised assistant must, before exercising any power under the warrant against any person, produce the warrant to that person. [25/2016] (8) If there is no one on the premises when the named investigation officer or authorised assistant intends to execute the warrant, the named investigation officer or authorised assistant must, before executing the warrant — ( a ) take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and ( b ) if the occupier is so informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed. [25/2016] (9) If the named investigation officer or authorised assistant is unable to inform the occupier of the intended entry, the named investigation officer or authorised assistant must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises. [25/2016] (10) On leaving any premises which the named investigation officer or authorised assistant has entered under a warrant under this section, the named investigation officer or authorised assistant must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured as the named investigation officer or authorised assistant found them. [25/2016] (11) In this section — “authorised assistant” means a person named in a warrant issued under subsection (1) to accompany and assist a named investigation officer; “named investigation officer” means an investigation officer named in a warrant issued under subsection (1); “occupier”, in relation to any premises, means a person whom the named investigation officer reasonably believes is the occupier of those premises. [12J [25/2016]


document_id: cpfta-2003
provision_ref: s23
chapter: PART 3A - INVESTIGATION POWERS
section: 23
title: Post-seizure procedure
content:
23. —(1) The provisions in subsection (2) apply to the following persons (each called in this section a specified person) under the following circumstances: ( a ) the investigation officer mentioned in section 21, on taking possession of, seizing or detaining any goods, document or information under section 21(5); ( b ) the authorised assistant mentioned in section 21, on taking possession of, seizing or detaining any goods, document or information under section 21(5); ( c ) the named investigation officer mentioned in section 22, on taking possession of, seizing or detaining any goods, document or information under section 22(3) or (4); ( d ) the authorised assistant mentioned in section 22, on taking possession of, seizing or detaining any goods, document or information under section 22(3) or (4). [25/2016] (2) For the purpose of subsection (1), the provisions are — ( a ) the specified person must, at the request of the person from whose possession the document was taken, provide a copy of the document to that person; ( b ) the specified person must inform the following persons of the possession, seizure or detention, as the case may be: (i) the owner of the goods, document or information; (ii) in the case of goods seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which the machine is affixed; ( c ) the specified person must place the goods, document or information in safe custody; and ( d ) unless ordered otherwise by a court, the specified person may retain the goods, document or information until the completion of any proceedings under section 9 or 10 (including proceedings on appeal) in which the goods, document or information retained may be evidence. [12K [25/2016]


document_id: cpfta-2003
provision_ref: s24
chapter: PART 3A - INVESTIGATION POWERS
section: 24
title: Power to require evidence as to identity
content:
24. An investigation officer may require any person whom the investigation officer reasonably believes to have engaged in an unfair practice or to have knowingly abetted, aided, permitted or procured a supplier to engage in an unfair practice, to furnish any evidence establishing, to the satisfaction of the investigation officer, the person’s identity and, where the person is an individual, the person’s nationality and residential address. [12L [25/2016]


document_id: cpfta-2003
provision_ref: s25
chapter: PART 3A - INVESTIGATION POWERS
section: 25
title: Power to examine, secure attendance, etc.
content:
25. —(1) An investigation officer has, for the purposes of this Act, power to do any of the following things in connection with an investigation mentioned in section 19(1): ( a ) examine orally any person who appears to be acquainted with any of the facts or circumstances relevant to the investigation — (i) whether before or after any proceedings are commenced under section 9 or 10; and (ii) whether or not the person is to be called as a witness in any proceedings under section 9 or 10; ( b ) issue a written notice requiring any person within the limits of Singapore, who appears to be acquainted with any of the facts or circumstances relevant to the investigation, to attend before the investigation officer. [25/2016] (2) The person mentioned in subsection (1)( b ) must comply with the written notice mentioned in that provision. [25/2016] (3) A statement made by any person examined under this section must — ( a ) be in writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted for the person in a language that the person understands; and ( d ) be signed by the person. [12M [25/2016]


document_id: cpfta-2003
provision_ref: s26
chapter: PART 3A - INVESTIGATION POWERS
section: 26
title: Self-incrimination and savings for professional legal advisers
content:
26. —(1) A person who is required under any provision of this Act to disclose any information or document to the Commission, an investigation officer or any authorised assistant mentioned in section 21 or 22 is not excused from making the disclosure on the ground that the disclosure of the information or document might tend to incriminate the person. [25/2016; 10/2018] (2) If a person mentioned in subsection (1) claims, before disclosing any information or document under any provision of this Act to any authorised assistant mentioned in section 21 or 22, the Commission or an investigation officer, that the disclosure might tend to incriminate the person, the information or document disclosed — ( a ) is not admissible in evidence against the person in criminal proceedings other than proceedings under Part 3B; and ( b ) is, to avoid doubt, admissible in evidence in civil proceedings, including proceedings under this Act. [25/2016; 10/2018] (3) Nothing in this Part — ( a ) compels a professional legal adviser or a legal counsel in an entity to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to the professional legal adviser or legal counsel in the entity (as the case may be) in that capacity; or ( b ) authorises the taking of any such document or other material which is in the possession of the professional legal adviser or legal counsel in an entity. [25/2016] (4) A professional legal adviser or a legal counsel in an entity who refuses to disclose the information or produce the document or other material mentioned in subsection (3) is nevertheless obliged to give the name and address (if the professional legal adviser or legal counsel in the entity, as the case may be, knows them) of the person to whom, or by or on behalf of whom, that privileged communication was made. [12N [25/2016]


document_id: cpfta-2003
provision_ref: s27
chapter: PART 3B - OFFENCES
section: 27
title: Refusal to provide information, etc.
content:
27. —(1) Any person who fails to comply with a requirement imposed on the person under section 20, 21, 22, 24 or 25 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 12 months or to both. [25/2016] (2) If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that — ( a ) the document was not in the person’s possession or under the person’s control; and ( b ) it was not reasonably practicable for the person to comply with the requirement. [25/2016] (3) If a person is charged with an offence under subsection (1) in respect of a requirement — ( a ) to provide information; ( b ) to provide an explanation of a document; or ( c ) to state where a document is to be found, it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. [25/2016] (4) Failure to comply with a requirement imposed under section 20, 21, 22, 24 or 25 is not an offence if the person imposing the requirement has failed to act in accordance with that section. [12O [25/2016]


document_id: cpfta-2003
provision_ref: s28
chapter: PART 3B - OFFENCES
section: 28
title: Destroying or falsifying documents
content:
28. Any person who, having been required to produce a document under section 20, 21, 22 or 24 — ( a ) intentionally or recklessly destroys or otherwise disposes of, falsifies or conceals the document; or ( b ) causes or permits the destruction, disposal, falsification or concealment of the document, 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 12 months or to both. [12P [25/2016]


document_id: cpfta-2003
provision_ref: s29
chapter: PART 3B - OFFENCES
section: 29
title: False or misleading information
content:
29. —(1) Any person who provides information to the Commission, an investigation officer or an authorised assistant mentioned in section 21 or 22 in connection with an investigation mentioned in section 19(1) or any offence in this Part, knowing the information to be false or misleading in a material particular or being reckless as to whether the information is false or misleading in a material particular shall be guilty of an offence. [25/2016; 10/2018] (2) A person who provides information that is false or misleading in a material particular to another person — ( a ) knowing that the information is to be used for the purpose of providing information to the Commission, an investigation officer or an authorised assistant mentioned in section 21 or 22 in connection with any function or duty of the Commission or investigation officer under this Act; and ( b ) knowing the information to be false or misleading in a material particular, or being reckless as to whether the information is false or misleading in a material particular, shall be guilty of an offence. [25/2016; 10/2018] (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [12Q [25/2016]


document_id: cpfta-2003
provision_ref: s30
chapter: PART 3B - OFFENCES
section: 30
title: Obstructing officer of Commission, etc.
content:
30. Any person who, without reasonable excuse, obstructs, hinders or impedes — ( a ) any of the Commission’s members, officers or employees; or ( b ) any investigation officer or authorised assistant mentioned in section 21 or 22, in the discharge of their duties or the exercise of their powers under this Act or any regulations made under this Act 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 12 months or to both. [12R [25/2016; 10/2018]


document_id: cpfta-2003
provision_ref: s31
chapter: PART 3B - OFFENCES
section: 31
title:
No costs or damages or other relief arising from seizure recoverable unless seizure without reasonable or probable cause

content:
31. No person is, in any proceedings before any court in respect of any equipment, goods, article or document seized in the exercise or the purported exercise of any power conferred under this Act, entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, goods, article or document or the payment of their value unless the seizure was made without reasonable or probable cause. [12S [25/2016]


document_id: cpfta-2003
provision_ref: s32
chapter: PART 3B - OFFENCES
section: 32
title: Offences by corporations
content:
32. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. [25/2016] (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual who is involved in the management of the corporation and is in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the corporation, and shall be liable on conviction to be punished accordingly. [25/2016] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. [25/2016] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [25/2016] (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. [25/2016] (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [12T [25/2016]


document_id: cpfta-2003
provision_ref: s33
chapter: PART 3B - OFFENCES
section: 33
title: Offences by unincorporated associations or partnerships
content:
33. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. [25/2016] (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual who is involved in the management of the unincorporated association or partnership and who is in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. [25/2016] (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. [25/2016] (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. [25/2016] (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. [25/2016] (6) In this section — “officer”, 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, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. [12U [25/2016]


document_id: cpfta-2003
provision_ref: s34
chapter: PART 3B - OFFENCES
section: 34
title: Composition of offences
content:
34. —(1) The chief executive or any officer of the Commission authorised by the chief executive may compound any offence under this Act that is prescribed as a compoundable offence by collecting from the 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 that offence; ( b ) $5,000. [25/2016; 10/2018] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [25/2016] (3) All sums collected under this section must be paid into the Consolidated Fund. [25/2016] (4) The members, officers and employees of the Commission are, in relation to their administration, assessment, collection and enforcement of payment of composition sums under this section, deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to these persons even though they are not or were not in the employment of the Government. [12V [25/2016; 10/2018]


document_id: cpfta-2003
provision_ref: s35
chapter: PART 4 - GENERAL
section: 35
title: No contracting out
content:
35. —(1) The provisions of this Act prevail despite any agreement to the contrary and any term contained in a contract is void, if and to the extent that it is inconsistent with the provisions of this Act. (2) Any waiver or release given of any right, benefit or protection conferred under this Act is void. (3) Subsections (1) and (2) do not apply to any release made by a person in settlement of a dispute. [13


document_id: cpfta-2003
provision_ref: s36
chapter: PART 4 - GENERAL
section: 36
title: Rights transferred
content:
36. Where, other than in the course of business, an individual, as heir or assignee of a consumer, receives goods or services, that individual has the same rights as the consumer to seek and obtain redress from the supplier under this Act. [14


document_id: cpfta-2003
provision_ref: s37
chapter: PART 4 - GENERAL
section: 37
title: Preservation of other rights or remedies
content:
37. —(1) Subject to subsection (2), nothing in this Act restricts, limits or derogates from any right or remedy that a consumer may have apart from this Act. (2) Subsection (1) has effect subject to any provision to the contrary in any regulations made under section 11 or 43. [15


document_id: cpfta-2003
provision_ref: s38
chapter: PART 4 - GENERAL
section: 38
title: Exemption from liability for publishers
content:
38. A person who, on behalf of a supplier, prints, publishes, distributes, broadcasts or telecasts an advertisement in good faith and in the ordinary course of the person’s business shall not be liable under this Act in respect of any statement, representation or omission in that advertisement. [16


document_id: cpfta-2003
provision_ref: s39
chapter: PART 4 - GENERAL
section: 39
title: Parol evidence rule abolished
content:
39. —(1) Despite sections 93 and 94 of the Evidence Act 1893, parol or extrinsic evidence establishing the existence of an express warranty is admissible in any action relating to a consumer transaction between a consumer and a supplier even though it adds to, varies or contradicts a written contract. (2) Subsection (1) is not applicable to establish the existence of any express warranty in respect of goods or services intended for business use. [17


document_id: cpfta-2003
provision_ref: s40
chapter: PART 4 - GENERAL
section: 40
title: Interpretation of documents
content:
40. If a consumer and a supplier enter into a consumer transaction and — ( a ) all or any part of the transaction or contract is evidenced by a document provided by the supplier; and ( b ) a provision of the document is ambiguous, the provision must be interpreted against the supplier. [18


document_id: cpfta-2003
provision_ref: s41
chapter: PART 4 - GENERAL
section: 41
title: Burden of proof
content:
41. —(1) If, in any proceedings taken in any court between a consumer and a supplier in relation to a consumer transaction, any dispute arises as to whether the supplier has complied with any specified requirement of this Act or the regulations made under this Act, the burden of proving that the supplier has so complied is on the supplier. (2) The Minister may, by regulations, specify the requirements of this Act or the regulations made under this Act to which subsection (1) applies. (3) This section does not affect any other rule of law that places a burden of proof on the supplier. [18A


document_id: cpfta-2003
provision_ref: s43
chapter: PART 4 - GENERAL
section: 43
title: Regulations
content:
43. —(1) The Minister may make such regulations as may be necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the Minister may make regulations — ( a ) exempting any class of supplier or any class of goods or services or transactions from the application of this Act or any provision of this Act, and imposing conditions for that exemption; ( b ) modifying the application of any provision of this Act to any class of supplier or any class of goods or services or transactions; ( c ) controlling or prohibiting any practice in relation to any consumer transaction; ( d ) prescribing information or notices that must be provided to consumers by suppliers with respect to any consumer transaction; ( e ) prescribing the form or terms of contracts to be used in any consumer transaction and any information to be contained therein; ( f ) requiring suppliers to maintain books, accounts (including trust accounts) or records in relation to any consumer transaction, and prescribing the form and mode of keeping such books, accounts and records; ( g ) prescribing or adopting, with or without modification, codes, standards or rules governing the conduct of suppliers engaged in any consumer transaction; ( h ) prescribing the rights and obligations of parties in relation to a consumer transaction involving any practice regulated under this Act or any regulations made under this Act, including the right to sue for the purpose of enforcing such rights or obligations in circumstances specified therein; ( i ) specifying limitation periods for any action under this Act or any regulations made under this Act; ( j ) specifying, for the purposes of section 7(1)( d ), actions under provisions in any regulations made under this section; ( k ) specifying dispute resolution schemes for the purposes of section 7(11); ( l ) modifying the application of section 6(2), in relation to any class of supplier or any class of goods or services or transactions, where multiple actions involving the same unfair practice are commenced under section 6(1) by the same consumer; ( m ) prescribing — (i) the manner in which notices of cancellation may be properly given under section 9(12); (ii) the rights and obligations of parties to a contract cancelled under section 9(12), or any other contract entered into for the purposes of the cancelled contract, including the amount or value of any deposit, security, goods or compensation recoverable in an action arising from the cancellation; and (iii) the effect of cancellation under section 9(12) on any rights the parties to the contract may otherwise have; and ( n ) prescribing the offences that may be compounded under section 34. [20 [25/2016]


document_id: cpfta-2003
provision_ref: s44
chapter: PART 4 - GENERAL
section: 44
title: Saving and transitional provisions
content:
44. —(1) Any proceedings for a declaration or an injunction commenced by the Board under section 9 or 10 before 2 April 2018 and pending on that date may be continued by the Commission as if the proceedings had been commenced by the Commission. [10/2018] (2) Any order made by the District Court or High Court under section 9 or 10 before 2 April 2018 requiring any person to notify, inform, reimburse or do anything in relation to, the Board, which remains unsatisfied on that date, is satisfied if the person notifies, informs, reimburses or does that thing in relation to, the Commission. [10/2018] (3) Any investigation commenced by the Board under Part 3A before 2 April 2018 and pending on that date may be continued by the Commission as if it had been commenced by the Commission. [10/2018] (4) In this section, “Board” means the Standards, Productivity and Innovation Board established by section 3 of the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) as in force immediately before 2 April 2018. [21 [10/2018]


document_id: cptdsra-1975
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “advertisement” includes a catalogue, a circular and a price list; “Director” means the Director of Consumer Protection appointed under section 3; “goods” includes ships, aircraft, vehicles, animals, plants and all kinds of movable property; “premises” includes any place, stall, ship, aircraft or vehicle; “Safety Authority” means the Competition and Consumer Commission of Singapore established by section 3 of the Competition Act 2004; [Act 13 of 2025 wef 01/07/2025] “supply” includes offer to supply or having goods in possession for the purpose of supply; “trade description” means any description, statement or indication which, directly or indirectly and by whatever means given, relates to any of the following matters: ( a ) quantity, length, width, height, area, volume, capacity or weight of any goods; ( b ) method of manufacture, production, processing or reconditioning of any goods; ( c ) composition of any goods; ( d ) fitness for purpose (including expiry date), strength, performance, behaviour or accuracy of any goods; ( e ) degree of fineness of gold and silver goods; ( f ) physical characteristics of any goods not included in paragraphs ( a ) to ( e ); ( g ) testing of any goods by any person and the results of such testing; ( h ) approval of any goods by any person or their conformity with a type approved by any person; ( i ) place or date of manufacture, production, processing or reconditioning of any goods; ( j ) person by whom any goods are manufactured, produced, processed or reconditioned; ( k ) other history, including previous ownership or use, of any goods. (2) Where any trade description is subject to the provisions of the written laws specified in the Schedule, the provisions of this Act do not have effect in relation to any such description which is applied in accordance with the requirements of that written law. (3) The Minister may, by order in the Gazette , amend the Schedule. (4) For the purposes of this Act, a trade description published in any newspaper, book or periodical or in any film or sound or television broadcast is not to be deemed a trade description applied in the course of a trade or business unless it is or forms part of an advertisement.


document_id: cptdsra-1975
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Director of Consumer Protection and other officers
content:
3. —(1) The Minister may appoint a Director of Consumer Protection, a Deputy Director of Consumer Protection, and such number of Assistant Directors of Consumer Protection and other officers as the Minister may consider necessary or expedient for the purposes of this Act. (2) The powers and duties of the Director under this Act may be exercised and discharged by the Deputy Director or an Assistant Director of Consumer Protection.


document_id: cptdsra-1975
provision_ref: s4
chapter: PART 2 - PROHIBITION OF FALSE TRADE DESCRIPTIONS
section: 4
title: Prohibition of false trade descriptions
content:
4. Subject to the provisions of this Act, any person who in the course of a trade or business — ( a ) applies a false trade description to any goods; or ( b ) supplies any goods to which a false trade description is applied, shall be guilty of an offence.


document_id: cptdsra-1975
provision_ref: s5
chapter: PART 2 - PROHIBITION OF FALSE TRADE DESCRIPTIONS
section: 5
title: False trade descriptions
content:
5. For the purposes of this Part — ( a ) a false trade description — (i) means a trade description which by reason of anything contained in or omitted from the trade description is false or likely to mislead in a material respect as regards the goods to which it is applied or in connection with which it is used; and (ii) includes every alteration of a trade description whether by way of addition, effacement or otherwise which makes the description false or likely to mislead in a material respect; and ( b ) a false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognised by any person or implied by the approval of any person is deemed to be a false trade description, if there is no such person or no standard as specified, recognised or implied.


document_id: cptdsra-1975
provision_ref: s6
chapter: PART 2 - PROHIBITION OF FALSE TRADE DESCRIPTIONS
section: 6
title: Applying trade description to goods
content:
6. —(1) A person applies a trade description to goods if the person — ( a ) affixes or annexes it to or in any manner marks it on or incorporates it with — (i) the goods themselves; or (ii) anything in, on or with which the goods are supplied; ( b ) places the goods in, on or with anything which the trade description has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods; or ( c ) uses the trade description in any manner likely to be taken as referring to the goods. (2) An oral statement may amount to the use of a trade description. (3) Where goods are supplied pursuant to a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that description, the person supplying the goods is deemed to have applied that trade description to the goods.


document_id: cptdsra-1975
provision_ref: s7
chapter: PART 2 - PROHIBITION OF FALSE TRADE DESCRIPTIONS
section: 7
title: Trade descriptions used in advertisements
content:
7. —(1) This section has effect where in an advertisement a trade description is used in relation to any class of goods. (2) The trade description is taken as referring to all goods of the class, whether or not in existence at the time the advertisement is published — ( a ) for the purpose of determining whether an offence has been committed under section 4( a ); and ( b ) where goods of the class are supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under section 4( b ). (3) In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates, regard must be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.


document_id: cptdsra-1975
provision_ref: s8
chapter: PART 2 - PROHIBITION OF FALSE TRADE DESCRIPTIONS
section: 8
title: Trade marks containing trade descriptions
content:
8. A trade description which is or is part of a trade mark within the meaning of the Trade Marks Act 1998 may be a false trade description when applied to any goods, except where all of the following conditions are satisfied: ( a ) it could have been lawfully applied to the goods if this Act had not been passed; ( b ) on 1 August 1975 the trade mark either is registered under the Trade Marks Act 1998 or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark; ( c ) the trade mark as applied is used to indicate such a connection between the goods and the proprietor of the trade mark or a registered user of the trade mark under the Trade Marks Act 1998; ( d ) the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on 1 August 1975.


document_id: cptdsra-1975
provision_ref: s9
chapter: PART 3 - POWER TO REQUIRE INFORMATIVE MARKING AND TO IMPOSE SAFETY REQUIREMENTS
section: 9
title: Informative marking, etc., of goods
content:
9. —(1) Where it appears to the Minister necessary or expedient in the interest of persons to whom any goods are supplied that the goods should be marked with or accompanied by any information (whether or not amounting to or including a trade description) or instruction relating to the goods, the Minister may by regulations impose requirements for securing that the goods are so marked or accompanied, and control or prohibit the supply of goods with respect to which those requirements are not complied with. (2) Where any regulations made under this section are in force with respect to goods of any description, any person who, in the course of any trade or business, supplies goods of that description in contravention of those regulations shall, subject to the provisions of this Act, be guilty of an offence.


document_id: cptdsra-1975
provision_ref: s10
chapter: PART 3 - POWER TO REQUIRE INFORMATIVE MARKING AND TO IMPOSE SAFETY REQUIREMENTS
section: 10
title: Information, etc., to be given in advertisements
content:
10. —(1) Where it appears to the Minister necessary or expedient in the interest of persons to whom any goods are to be supplied that any description of advertisements of the goods should contain or refer to any information (whether or not amounting to or including a trade description) relating to the goods, the Minister may by regulations impose requirements as to the inclusion of that information, or of an indication of the means by which that information may be obtained, in such description of advertisements of the goods as may be specified in the regulations. (2) Regulations made under this section may — ( a ) specify the form and manner in which any such information or indication is to be included in advertisements of any description; and ( b ) make different provision for different circumstances. (3) Where an advertisement of any goods to be supplied in the course of any trade or business fails to comply with any requirement imposed by regulations made under this section, any person who publishes the advertisement shall, subject to the provisions of this Act, be guilty of an offence.


document_id: cptdsra-1975
provision_ref: s11
chapter: PART 3 - POWER TO REQUIRE INFORMATIVE MARKING AND TO IMPOSE SAFETY REQUIREMENTS
section: 11
title: Safety requirements
content:
11. —(1) The Minister may, if the Minister considers it necessary or expedient for the purpose of protecting the safety of consumers, by regulations impose with respect to any prescribed class or description of goods — ( a ) requirements for securing that goods of that class or description should comply with those requirements whether as to composition or contents, design, construction, finish or packing as the Minister thinks fit; and ( b ) requirements for securing that goods of that class or description should be marked with or accompanied by any information, warning or instruction, and control or prohibit the supply of goods with respect to which those requirements are not complied with. (2) Subject to the provisions of this Act, where regulations made under this section are in force with respect to any class or description of goods, any person who, in the course of any trade or business, supplies such goods in contravention of those regulations shall be guilty of an offence. (3) A contravention of the regulations made under this section by a person mentioned in subsection (2) is deemed to be a breach of a statutory duty for which action may be brought by any other person who may be affected by the contravention.


document_id: cptdsra-1975
provision_ref: s12
chapter: PART 3 - POWER TO REQUIRE INFORMATIVE MARKING AND TO IMPOSE SAFETY REQUIREMENTS
section: 12
title: Regulations under sections 9 and 11
content:
12. Regulations made under sections 9 and 11 may — ( a ) specify a class or description of goods even though the goods are for use only as component parts of other goods; ( b ) make different provisions for different classes or descriptions of goods or for different circumstances; ( c ) provide for the form or manner in which information or instruction is to be given; and ( d ) contain such exemptions from the operation of those sections as may be provided.


document_id: cptdsra-1975
provision_ref: s13
chapter: PART 3 - POWER TO REQUIRE INFORMATIVE MARKING AND TO IMPOSE SAFETY REQUIREMENTS
section: 13
title: Application of this Part
content:
13. The provisions of this Part do not apply to any goods which are subject to and regulated by the provisions of any of the written laws specified in the Schedule.


document_id: cptdsra-1975
provision_ref: s14
chapter: PART 4 - OTHER MISSTATEMENTS
section: 14
title: False representation as to supply or approval of goods
content:
14. —(1) If any person in the course of any trade or business gives by whatever means any false indication, direct or indirect, that any goods supplied by the person or any methods adopted by the person are or are of a kind supplied to or approved by any person including any government or government department or agency or any international body or agency whether in Singapore or abroad, the person shall, subject to the provisions of this Act, be guilty of an offence. (2) Subsection (1) has effect without affecting any written law prohibiting or restricting the use of any name, emblem, insignia, seal, flag, pennant, title, coat of arms, sign, words or letters or any other form of description.


document_id: cptdsra-1975
provision_ref: s15
chapter: PART 5 - PROVISIONS AS TO OFFENCES
section: 15
title: Penalty for offences
content:
15. A person guilty of an offence under this Act for which no other penalty is specified 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.


document_id: cptdsra-1975
provision_ref: s16
chapter: PART 5 - PROVISIONS AS TO OFFENCES
section: 16
title: Time limit for prosecution
content:
16. No prosecution for an offence under this Act may be commenced after the expiry of 3 years from the commission of the offence.


document_id: cptdsra-1975
provision_ref: s17
chapter: PART 5 - PROVISIONS AS TO OFFENCES
section: 17
title: Offences by bodies corporate
content:
17. Where an offence under this Act committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: cptdsra-1975
provision_ref: s18
chapter: PART 5 - PROVISIONS AS TO OFFENCES
section: 18
title: Offences due to fault of another person
content:
18. Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the firstmentioned person.


document_id: cptdsra-1975
provision_ref: s19
chapter: PART 5 - PROVISIONS AS TO OFFENCES
section: 19
title: Defence of mistake, accident, etc.
content:
19. —(1) In any proceedings for an offence under this Act, it is, subject to subsection (2), a defence for the person charged to prove — ( a ) that the commission of the offence was due to a mistake on the person’s part or to reliance on information supplied to the person or to the act or default of another person, an accident or some other cause beyond the firstmentioned person’s control; and ( b ) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself, herself or itself or any person under the firstmentioned person’s control. (2) If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged is not, without permission of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the person has served on the prosecutor a written notice giving such information as was then in the person’s possession identifying or assisting in the identification of that other person. [Act 25 of 2021 wef 01/04/2022] (3) In any proceedings for an offence under this Act of supplying goods to which a false trade description is applied, it is a defence for the person charged to prove that the person did not know, and could not with reasonable diligence have ascertained, that the goods did not conform to the description or that the description had been applied to the goods.


document_id: cptdsra-1975
provision_ref: s20
chapter: PART 5 - PROVISIONS AS TO OFFENCES
section: 20
title: Innocent publication of advertisement
content:
20. In proceedings for an offence under this Act committed by the publication of an advertisement, it is a defence for the person charged to prove — ( a ) that the person’s business is to publish or arrange for the publication of advertisements; and ( b ) that the person received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under this Act.


document_id: cptdsra-1975
provision_ref: s21
chapter: PART 5 - PROVISIONS AS TO OFFENCES
section: 21
title: Composition of offences
content:
21. The Director may compound any offence under this Act by accepting from the person reasonably suspected of having committed that offence a sum not exceeding $2,000.


document_id: cptdsra-1975
provision_ref: s22
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 22
title: Power of Director to require goods for testing or analysis and provision of information
content:
22. The Director may require any person carrying on a trade or business which consists of or includes the manufacture, assembly, production or import of any goods in respect of which regulations made under section 11 are applicable — ( a ) to supply free of charge to the Director samples of goods for the purpose of testing or analysis; and ( b ) to provide the Director such information as he or she may require in respect of those goods.


document_id: cptdsra-1975
provision_ref: s23
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 23
title: Power to enter premises and inspect and seize goods and documents
content:
23. —(1) The Director or an officer authorised by the Director may, at all reasonable hours, exercise the following powers: ( a ) he or she may, for the purpose of ascertaining whether any offence under this Act has been committed, inspect any goods and enter any premises; ( b ) if he or she has reasonable cause to suspect that an offence under this Act has been committed, he or she may, for the purpose of ascertaining whether it has been committed, require any person carrying on a trade or business or employed in connection with a trade or business to produce any books or documents relating to the trade or business and may take copies of, or of any entry in, any such books or documents; ( c ) if he or she has reasonable cause to believe that an offence under this Act has been committed, he or she may seize and detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed; ( d ) he or she may seize and detain any goods or documents which he or she has reason to believe may be required as evidence in proceedings for an offence under this Act; ( e ) he or she may, for the purpose of exercising his or her powers under this subsection to seize goods, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act and of any regulations made under this Act are duly observed, require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, he or she may do so himself or herself. (2) The Director or an officer authorised by the Director must, on seizing any goods or documents in the exercise of his or her powers under this section, inform the person from whom they are seized and, in the case of goods seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed. (3) The Director or an officer authorised by the Director entering any premises by virtue of this section may take with him or her such other persons and such equipment as may appear to him or her necessary. (4) If any person discloses to any other person — ( a ) any information with respect to any manufacturing process or trade secret obtained by the person in premises which the person has entered by virtue of this section; or ( b ) any information obtained by the person pursuant to this Act, the person shall be guilty of an offence unless the disclosure was made in or for the purpose of the performance of functions under this Act.


document_id: cptdsra-1975
provision_ref: s24
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 24
title: Obstruction of officers
content:
24. —(1) Any person who — ( a ) wilfully obstructs the Director or an officer acting pursuant to this Act; ( b ) wilfully fails to comply with any requirement under section 23 properly made to the person by the Director or such an officer; or ( c ) without reasonable cause fails to give the Director or such an officer any other assistance or information which he or she may reasonably require for the purpose of the performance of his or her functions under this Act, 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 one year or to both. (2) If any person, in giving any such information as is mentioned in subsection (1), makes any statement which the person knows to be false, the person 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 one year or to both.


document_id: cptdsra-1975
provision_ref: s25
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 25
title: Notice of test and intended prosecution
content:
25. Where any goods seized pursuant to this Act are submitted to a test, then — ( a ) if the goods were seized, the Director must inform the person mentioned in section 23(2) of the result of the test; or ( b ) if the goods were purchased and the test leads to the institution of proceedings for an offence under this Act, the Director must inform the person from whom the goods were purchased or, in the case of goods sold through a vending machine, the person mentioned in section 23(2), of the result of the test, and must, where as a result of the test proceedings for an offence under this Act are instituted against any person, allow such person to have the goods tested on such person’s behalf if it is reasonably practicable to do so.


document_id: cptdsra-1975
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 26
title: Forfeiture of goods
content:
26. —(1) All goods seized in exercise of any power conferred under this Act are liable to forfeiture. (2) An order for the forfeiture or for the release of any goods seized in exercise of any power conferred by this Act is to be made by the court before which the prosecution with regard to the goods seized has been held and an order for the forfeiture of the goods is to be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the goods were the subject matter of or were used in the commission of the offence even though no person may have been convicted of that offence. (3) In the absence of any prosecution with regard to any goods seized in the exercise of any power conferred by this Act, the goods are deemed to be forfeited at the end of one month from the date of the seizure unless a claim to the goods seized is made before then in accordance with subsection (4). (4) A person asserting that the person is the owner of any goods seized and that they are not liable to forfeiture may personally or by the person’s agent authorised in writing give written notice to the Director that the person claims those goods. (5) On receipt of such notice, the Director may direct that such goods be released or may refer the matter to a court for decision. (6) All things forfeited or deemed to be forfeited must be delivered to the Director and must be disposed of in accordance with the directions of the Minister. (7) Where any goods seized in exercise of the powers conferred by this Act are perishable or where the custody of those goods involves unreasonable expense and inconvenience, they may be sold at any time and the proceeds of the sale held to abide by the result of any prosecution or claim under this section.


document_id: cptdsra-1975
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 27
title: Goods seized may be delivered to owner or other person
content:
27. The Minister may upon application made to the Minister in writing through the Director order any goods seized in exercise of the powers conferred by this Act, whether forfeited or taken and deemed to be forfeited, to be delivered to the owner or other person entitled to the goods upon such terms and conditions as he or she may consider fit.


document_id: cptdsra-1975
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 28
title: Protection of officers
content:
28. No person shall be personally liable in respect of any act done by the person in the execution or purported execution of this Act and within the scope of his or her employment if he or she did it in the honest belief that his or her duty under this Act required or entitled him or her to do it.


document_id: cptdsra-1975
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 29
title: Saving for civil rights
content:
29. A contract for the supply of any goods is not void or unenforceable by reason only of a contravention of any provision of this Act.


document_id: cptdsra-1975
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 30
title: Jurisdiction of District and Magistrate’s Courts
content:
30. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court or Magistrate’s Court has jurisdiction to try any offence under this Act and to impose the full penalty or punishment in respect of any such offence.


document_id: cptdsra-1975
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 31
title: Compensation order
content:
31. —(1) The court before which a person is convicted of an offence under this Act may, on application or otherwise, make an order requiring the person to pay such compensation, not exceeding $1,000 as the court thinks just, for any loss or damage resulting from that offence to any person who has suffered such loss or damage; and section 360 of the Criminal Procedure Code 2010 is applicable to any order made under this section. [15/2010] (2) A compensation order made under this section does not affect any right to a civil action for the recovery of damages beyond the amount of compensation paid under the order.


document_id: cptdsra-1975
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
section: 32
title: Regulations
content:
32. —(1) The Minister may make regulations for any purpose for which regulations are authorised or required to be made under this Act and generally for carrying out the purposes and provisions of this Act. [Act 13 of 2025 wef 01/07/2025] (2) Without limiting subsection (1), the Minister may make regulations for all or any of the following matters: ( a ) the registration and regulation of certain suppliers and goods before the goods may be supplied in Singapore; ( b ) the designation of persons to perform conformity assessment, testing or certification in relation to prescribed safety standards and the recognition of foreign conformity assessment, testing or certification; ( c ) the fees to be charged in respect of anything done or any services rendered by or on behalf of the Safety Authority under or by virtue of this Act, or any regulations made under this Act, including the recovery of any costs incurred. [Act 13 of 2025 wef 01/07/2025] (3) Regulations made under this Act may incorporate by reference (with or without modification) any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the regulations deal. [Act 13 of 2025 wef 01/07/2025] (4) The Minister may, in making any regulations, provide that any contravention of a provision of the regulations (if such contravention is not an offence under section 9(2), 10(3) or 11(2)) shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 2 years or with both. [Act 13 of 2025 wef 01/07/2025]


document_id: crtpa-2001
provision_ref: s1
section: 1
title: Short title and application
content:
1. —(1) This Act is the Contracts (Rights of Third Parties) Act 2001. (2) Subject to subsection (3), this Act does not apply in relation to a contract entered into before the end of the period of 6 months from 1 January 2002. (3) The restriction in subsection (2) does not apply in relation to a contract which — ( a ) is entered into on or after 1 January 2002; and ( b ) expressly provides for the application of this Act.


document_id: crtpa-2001
provision_ref: s2
section: 2
title: Right of third party to enforce contractual term
content:
2. —(1) Subject to the provisions of this Act, a person who is not a party to a contract (called in this Act a third party) may, in the third party’s own right, enforce a term of the contract if — ( a ) the contract expressly provides that the third party may; or ( b ) subject to subsection (2), the term purports to confer a benefit on the third party. (2) Subsection (1)( b ) does not apply if, on a proper construction of the contract, it appears that the parties did not intend the term to be enforceable by the third party. (3) The third party must be expressly identified in the contract by name, as a member of a class or as answering a particular description, but need not be in existence when the contract is entered into. (4) This section does not confer a right on a third party to enforce a term of a contract otherwise than subject to and in accordance with any other relevant terms of the contract. (5) For the purpose of exercising a third party’s right to enforce a term of the contract, there is to be available to the third party any remedy that would have been available to the third party in an action for breach of contract if the third party had been a party to the contract (and the rules relating to damages, injunctions, specific performance and other remedy apply accordingly) and such remedy must not be refused on the ground that, as against the promisor, the third party is a volunteer. (6) Where a term of a contract excludes or limits liability in relation to any matter, references in this Act to the third party enforcing the term are to be construed as references to the third party availing himself, herself or itself of the exclusion or limitation. (7) In this Act, in relation to a term of a contract which is enforceable by a third party — “promisee” means the party to the contract by whom the term is enforceable against the promisor; “promisor” means the party to the contract against whom the term is enforceable by the third party.


document_id: crtpa-2001
provision_ref: s3
section: 3
title: Variation and rescission of contract
content:
3. —(1) Subject to this section, where a third party has a right under section 2 to enforce a term of the contract, the parties to the contract may not, by agreement, rescind the contract, or vary the contract in such a way as to extinguish or alter the third party’s entitlement under that right, without the third party’s consent if — ( a ) the third party has communicated the third party’s assent to the term to the promisor; ( b ) the promisor is aware that the third party has relied on the term (whether or not the third party has knowledge of its precise terms); or ( c ) the promisor can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied on the term (whether or not the third party has knowledge of its precise terms). (2) The assent mentioned in subsection (1)( a ) — ( a ) may be by words or conduct; and ( b ) if sent to the promisor by post or other means, is not to be regarded as communicated to the promisor until the assent is received by the promisor. (3) Subsection (1) is subject to any express term of the contract under which — ( a ) the parties to the contract may by agreement rescind or vary the contract without the consent of the third party; or ( b ) the consent of the third party is required in circumstances specified in the contract instead of those set out in subsection (1)( a ), ( b ) and ( c ). (4) Where the consent of a third party is required under subsection (1) or (3), the court or arbitral tribunal may, on the application of the parties to the contract, dispense with such consent if the court or tribunal is satisfied that — ( a ) the consent cannot be obtained because the third party’s whereabouts cannot reasonably be ascertained; or ( b ) the third party is mentally incapable of giving the third party’s consent. (5) The court or arbitral tribunal may, on the application of the parties to a contract, dispense with any consent that may be required under subsection (1)( c ) if it is satisfied that it cannot reasonably be ascertained whether or not the third party has in fact relied on the term of the contract. (6) If the court or arbitral tribunal dispenses with a third party’s consent, it may impose such conditions as it thinks fit, including a condition requiring the payment of compensation to the third party. (7) The jurisdiction conferred on the court by subsections (4), (5) and (6) is exercisable by both the General Division of the High Court and a District Court. [40/2019]


document_id: crtpa-2001
provision_ref: s4
section: 4
title: Defences, etc., available to promisor
content:
4. —(1) Subsections (2) to (5) apply where proceedings for the enforcement of a term of a contract are brought by a third party in reliance on section 2. (2) The promisor has available to the promisor, by way of defence or set‑off, any matter that — ( a ) arises from or in connection with the contract and is relevant to the term; and ( b ) would have been available to the promisor by way of defence or set-off if the proceedings had been brought by the promisee. (3) The promisor also has available to the promisor, by way of defence or set‑off, any matter if — ( a ) an express term of the contract provides for it to be available to the promisor in proceedings brought by the third party; and ( b ) it would have been available to the promisor by way of defence or set‑off if the proceedings had been brought by the promisee. (4) The promisor also has available to the promisor — ( a ) by way of defence or set‑off any matter; and ( b ) by way of counterclaim any matter not arising from the contract, that would have been available to the promisor by way of defence or set‑off or by way of counterclaim against the third party (as the case may be) if the third party had been a party to the contract. (5) Subsections (2) and (4) are subject to any express term of the contract as to the matters that are not to be available to the promisor by way of defence, set‑off or counterclaim. (6) Where, in any proceedings brought against a third party, the third party seeks to enforce a term of a contract (including, in particular, a term purporting to exclude or limit liability) in reliance on section 2, the third party may not do so if the third party could not have done so (whether by reason of any particular circumstances relating to the third party or otherwise) had the third party been a party to the contract.


document_id: crtpa-2001
provision_ref: s6
section: 6
title: Protection of promisor from double liability
content:
6. Where under section 2, a term of a contract is enforceable by a third party, and the promisee has recovered from the promisor a sum in respect of — ( a ) the third party’s loss in respect of the term; or ( b ) the expense to the promisee of making good to the third party the default of the promisor, then, in any proceedings brought in reliance on that section by the third party, the court or arbitral tribunal must reduce any award to the third party to such extent as it thinks appropriate to take account of the sum recovered by the promisee.


document_id: crtpa-2001
provision_ref: s7
section: 7
title: Exceptions
content:
7. —(1) Section 2 does not confer any right on a third party in the case of a contract on a bill of exchange, promissory note or other negotiable instrument. (2) Section 2 does not confer any right on a third party in the case of any contract binding on a company and its members under section 39 of the Companies Act 1967. (3) Section 2 does not confer any right on a third party in the case of any registration document of a limited liability partnership registered under the Limited Liability Partnerships Act 2005 or any limited liability partnership agreement as defined in that Act. [5/2005] (4) Section 2 does not confer any right on a third party to enforce any term of a contract of employment against an employee. (5) Section 2 does not confer any right on a third party in the case of — ( a ) a contract for the carriage of goods by sea; or ( b ) a contract for the carriage of goods by rail or road, or for the carriage of cargo by air, which is subject to the rules of the appropriate international transport convention, except that a third party may in reliance on that section avail the third party of an exclusion or limitation of liability in such a contract. (6) In subsection (5) — “appropriate international transport convention” means — ( a ) in relation to a contract for the carriage of cargo by air, the Convention which has the force of law in Singapore under section 3 of the Carriage by Air Act 1988; ( b ) in relation to a contract for the carriage of goods by rail, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe; and ( c ) in relation to a contract for the carriage of goods by road, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe; “contract for the carriage of goods by sea” means a contract of carriage — ( a ) contained in or evidenced by a bill of lading or sea waybill; or ( b ) under or for the purposes of which there is given an undertaking which is contained in a ship’s delivery order. [5/2021] (7) For the purposes of subsection (6), “bill of lading”, “sea waybill” and “ship’s delivery order” have the meanings given by the Bills of Lading Act 1992. [5/2021]


document_id: crtpa-2001
provision_ref: s8
section: 8
title: Supplementary provisions relating to third party
content:
8. —(1) Section 2 does not affect any right or remedy of a third party that exists or is available apart from this Act. (2) Section 2(2) of the Unfair Contract Terms Act 1977 (exclusion of or restriction on liability for negligence) does not apply where the negligence consists of the breach of an obligation arising from a term of a contract and the person seeking to enforce it is a third party acting in reliance on section 2. (3) In section 6 of the Limitation Act 1959, the references to an action founded on a contract include references to an action brought in reliance on section 2 relating to a contract. (4) A third party is not, by virtue of section 2(5) or 4(4) or (6), treated as a party to the contract for the purposes of any other written law.


document_id: crtpa-2001
provision_ref: s9
section: 9
title: Arbitration provisions
content:
9. —(1) Where — ( a ) a right under section 2 to enforce a term (called in this section the substantive term) is subject to a term providing for the submission of disputes to arbitration (called in this section the arbitration agreement); and ( b ) the arbitration agreement is an agreement in writing for the purposes of the Arbitration Act 2001 or Part 2 of the International Arbitration Act 1994, the third party is treated for the purposes of the Arbitration Act 2001 or the International Arbitration Act 1994 (as the case may be) as a party to the arbitration agreement as regards disputes between the third party and the promisor relating to the enforcement of the substantive term by the third party. (2) Where — ( a ) a third party has a right under section 2 to enforce a term providing for one or more descriptions of dispute between the third party and the promisor to be submitted to arbitration (called in this section the arbitration agreement); ( b ) the arbitration agreement is an agreement in writing for the purposes of the Arbitration Act 2001 or Part 2 of the International Arbitration Act 1994; and ( c ) the third party does not fall to be treated under subsection (1) as a party to the arbitration agreement, the third party is, if the third party exercises the right, treated for the purposes of the Arbitration Act 2001 or the International Arbitration Act 1994 (as the case may be) as a party to the arbitration agreement in relation to the matter with respect to which the right is exercised, and treated as having been so immediately before the exercise of the right.


document_id: csa-1979
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “allowance” means the remuneration paid to a member of the committee of management of a society in consideration of the member’s voluntary services rendered to the society on a regular basis; “apex organisation” means an organisation established to facilitate the operations of all primary and secondary societies in Singapore; “Assistant Registrar” means an Assistant Registrar of Co‑operative Societies appointed under section 3(1); “audit committee”, in relation to a credit society, means the audit committee of the credit society referred to in section 36; “auditor”, in relation to a society, means any person referred to in section 33(1) or 36(4)( b ); “authorised person”, in relation to a matter, means a person who is authorised by the Registrar in writing to act on behalf of the Registrar in relation to the matter; “body corporate” includes a limited liability partnership; “by-laws” means the registered by-laws made by a society in the exercise of any power conferred by this Act, and includes a registered amendment of the by-laws; “Central Co-operative Fund” means the fund established under section 71; “committee of management” means the governing body (by whatever name called) of a society which is responsible for the management of the affairs of the society; “credit society” means a society which is registered as a credit society; “delegate” means — ( a ) a representative of a certain number of individual members of a primary society in which the general meeting of members is replaced by a meeting of delegates; ( b ) a representative of an institutional member who has been appointed to attend and who is entitled to vote; or ( c ) a representative of a society which is itself a member of another society, the meetings of which the representative has been elected or appointed to attend, and at which the representative is entitled to vote under the by-laws of that other society; “deposit” means money received on current or deposit account and includes subscription capital, but does not include — ( a ) a deposit that is paid pursuant to a hire-purchase agreement, or that is referable to the provision of services or to the giving of security; and ( b ) such other deposit as may be prescribed; “Deputy Registrar” means a Deputy Registrar of Co‑operative Societies appointed under section 3(1); “dividend” means a portion of the net surplus or the reserves (if approved under section 72A) of a society distributed among the members of the society in proportion to either or both of the following: ( a ) the paid‑up share capital held by the members in the society; ( b ) the subscription capital held by the members in the society; [Act 17 of 2024 wef 18/07/2024] “electronic form” means the form of an electronic record as defined in section 2(1) of the Electronic Transactions Act 2010; “financial service” means receiving deposits, granting loans, or such other service of a financial nature as may be prescribed, other than in relation to the carrying on of insurance business within the meaning of the Insurance Act 1966; “hard copy form” means a paper form or similar form capable of being read by a human being without using any other device; “honorarium” means a portion of the net surplus or the reserves (if approved under section 72A) of a society distributed among some or all of the members of the committee of management in consideration of their services which would not otherwise be remunerated; [Act 17 of 2024 wef 18/07/2024] “institutional member” means a society, a trade union or a platform work association; [Act 30 of 2024 wef 01/11/2024] “key employee” means an individual who holds any of the following appointments, or who purports to act in any of the following capacities, whether or not for reward: ( a ) a chief executive officer (whether called general manager or otherwise); ( b ) a chief operating officer; ( c ) a chief financial officer; ( d ) a chief investment officer; ( e ) an appointment analogous to any appointment mentioned in paragraph ( a ), ( b ), ( c ) or ( d ); “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “member” includes an individual person or institution qualifying for membership in a co-operative society, who or which join in the application for the registration of a society, and an individual person or institution admitted to membership after registration in accordance with this Act, the Rules and the by-laws; “net surplus” means the remaining portion of the surplus after provisions have been made for the Central Co-operative Fund and the Singapore Labour Foundation in accordance with section 71; “non-credit society” means a society that is not a credit society; “officer” includes a chairperson, vice‑chairperson, director, secretary, assistant secretary, treasurer, assistant treasurer, member of committee of management, employee, internal auditor, liquidator or other person empowered under this Act, the Rules or the by-laws, to give directives in regard to the business of a society or to supervise the business; “ordinary share” means an ordinary share issued under section 66A; “parent society” means a society with one or more subsidiaries; “past officer”, in relation to any obligation imposed under this Act, means a person who at any time before the occurrence of the obligation was, or performed the duties of, an officer; “patronage refund” means a portion of the net surplus of a society distributed among its members in proportion to the volume of business done by them with the society from which the surplus of the society was derived; “permanent share” means a permanent share issued under section 66B; “platform work association” means a platform work association registered under the Platform Workers Act 2024; [Act 30 of 2024 wef 01/11/2024] “primary society” means a society all of whose members are individual persons who, or institutions which, have the qualifications for membership set out in section 39; “proposed society” means an association of persons seeking registration as a society; “public accountant” means a person who is registered or deemed to be registered under the Accountants Act 2004 as a public accountant; “registered” means registered under this Act; “Registrar” means the Registrar of Co‑operative Societies appointed under section 3(1), and includes a Deputy Registrar, an Assistant Registrar, or a public officer appointed under section 3(1), exercising such function, duty or power of the Registrar as is delegated to the Deputy Registrar, Assistant Registrar or public officer (as the case may be) under section 3(2); “reserves” means the assets of a society that are in excess of its liabilities, paid-up share capital, subscription capital and other deposits; [Act 17 of 2024 wef 18/07/2024] “Rules” means rules made under section 95; “secondary society” means a society, each of whose registered members is a co‑operative society, a trade union or a platform work association; [Act 30 of 2024 wef 01/11/2024] “share” means a unit of the share capital or subscription capital of a society; “Singapore Labour Foundation” means the Singapore Labour Foundation established under the Singapore Labour Foundation Act 1977; “society” means a co-operative society registered under this Act and includes a primary society, a secondary society and an apex organisation; “subscription capital” means a regular obligatory savings deposit (made by members in accordance with the by‑laws) which is intended to serve as guarantee capital for loans taken or guaranteed by a member and which may not be withdrawn except for such specific purposes and under such conditions as are laid down in the by-laws or except on a termination of membership; “subsidiary”, in relation to a society, means any body corporate (including another society) or body unincorporate which is controlled by the society; “surplus” means the economic results of a society as shown in the audited financial statements of that society after provisions have been made for depreciation and bad debts but does not include, in the case of an insurance co‑operative, that portion of the surplus used for declaration of bonus to policy‑holders or retained in the insurance fund; “trade union” means a trade union registered under the Trade Unions Act 1940; “written direction” means a written direction issued under section 93(2). [3/2018] (2) For the purposes of this Act, a society is deemed to control a body corporate or body unincorporate if, and only if, the society is in a position to determine or govern the financial and operating policies of the body corporate or body unincorporate. (3) For the purposes of this Act, a society is insolvent if it has insufficient assets to cover its liabilities. (4) In this Act, where there is a reference to a number of clear days between 2 events, that number of days is exclusive of the days on which those 2 events happen. [3/2018]


document_id: csa-1979
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Registrar, etc.
content:
3. —(1) The Minister may appoint a Registrar of Co‑operative Societies, one or more Deputy Registrars of Co‑operative Societies and Assistant Registrars of Co‑operative Societies, and such other public officers as the Minister thinks necessary for the administration of this Act. [3/2018] (2) The Registrar of Co‑operative Societies may, subject to the provisions of this Act and to any general or special directions of the Minister, delegate any of the Registrar’s functions, duties and powers under this Act to a Deputy Registrar, an Assistant Registrar or a public officer appointed under subsection (1), except the power of delegation conferred by this subsection. [3/2018] (3) [ Deleted by Act 17 of 2024 wef 18/07/2024 ]


document_id: csa-1979
provision_ref: s4
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 4
title: Characteristics required for registration, etc.
content:
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]


document_id: csa-1979
provision_ref: s5
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 5
title: Conditions of registration
content:
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]


document_id: csa-1979
provision_ref: s6
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 6
title: Name of society
content:
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]


document_id: csa-1979
provision_ref: s7
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 7
title: Application for registration
content:
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.


document_id: csa-1979
provision_ref: s8
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 8
title: Requirements before registration
content:
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.


document_id: csa-1979
provision_ref: s9
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 9
title: Registration
content:
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]


document_id: csa-1979
provision_ref: s9A
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 9A
title: Modifying of terms and conditions of registration
content:
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]


document_id: csa-1979
provision_ref: s10
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 10
title: Evidence of registration
content:
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]


document_id: csa-1979
provision_ref: s10A
chapter: PART 2 - FORMATION AND REGISTRATION OF SOCIETIES
section: 10A
title: Registers
content:
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.


document_id: csa-1979
provision_ref: s11
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 11
title: Societies to be bodies corporate
content:
11. —(1) A society on registration becomes a body corporate by the name under which it is registered, with perpetual succession, and with power to hold movable and immovable property, to enter into contracts, to sue and be sued and to do all things necessary for the purposes of its constitution. [3/2018] (2) A society may, but need not, have a common seal. [3/2018]


document_id: csa-1979
provision_ref: s12
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 12
title: Acts of societies not to be invalidated by certain defects
content:
12. No act of a society or any committee of management or any officer is deemed to be invalid by reason only of the existence of any defect in the constitution of the society or of the committee of management or in the appointment or election of an officer or on the ground that the officer was disqualified for his or her appointment.


document_id: csa-1979
provision_ref: s13
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 13
title: Power to federate
content:
13. —(1) Societies may form secondary societies and an apex organisation. (2) The functions of an apex organisation are as follows: ( a ) to give such assistance and advice in the formation, organisation and operation of societies as will enable the societies to comply with the provisions of this Act and the Rules; ( b ) to provide, organise and supervise effective centralised services for co‑operative education and training, supplies, marketing, banking, transport, accounting, audit, consultancy and such other services as may be necessary for societies; ( c ) to promote good governance standards in societies; ( d ) to carry out such other functions or duties as may be conferred on the apex organisation by this Act or the Rules. [3/2018]


document_id: csa-1979
provision_ref: s14
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 14
title: Power to make by-laws
content:
14. —(1) A society may, subject to the Registrar’s approval, make any by-laws that are necessary or desirable for the purposes for which the society is established. (2) The by-laws of every society must include provisions in respect of matters mentioned in the Schedule.


document_id: csa-1979
provision_ref: s15
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 15
title: Amendment and registration of by-laws
content:
15. —(1) A society may, subject to this Act, amend its by-laws. (2) No by-law or amendment to a by-law of a society is valid until it has been registered by the Registrar. (3) No amendment of by-laws may be registered unless a resolution to amend the by-laws is passed either — ( a ) by at least three-quarters of the members present and voting at a general meeting duly summoned; or ( b ) if a referendum is held, by at least three-quarters of the votes returned, provided that the voting papers have been sent to all members of the society and that the number of returned votes is at least one-third of the total membership or 500, whichever is the less, and the returned votes are examined and counted under the Registrar’s supervision. (4) Every application for the registration of the amended by‑laws must — ( a ) be signed by the chairperson or the secretary of the society; [Act 17 of 2024 wef 18/07/2024] ( b ) contain such information as the Registrar may require; ( c ) be accompanied by a copy of the amendment and the relevant resolution, and such other documents as the Registrar may require; and ( d ) be accompanied by such fee as may be prescribed. (5) The Registrar may register a by-law or an amendment to a by‑law if the Registrar is satisfied that it is not inconsistent with the provisions of this Act and the Rules. (6) If the Registrar refuses to register a by-law or an amendment to a by-law, the Registrar must record in writing the reasons for the Registrar’s refusal and must inform the society of the Registrar’s decision. (7) Where the Registrar refuses to register a by-law or an amendment to a by-law, an appeal may be made to the Minister within 2 months after the Registrar informs the society of the Registrar’s decision under subsection (6) and the decision of the Minister is final. [3/2018] (8) Where the Registrar registers a by-law or an amendment to a by‑law, the Registrar must send a copy of the by‑law or the amendment thereto with a notice of registration to the society.


document_id: csa-1979
provision_ref: s16
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 16
title: By-laws to bind members
content:
16. —(1) Subject to subsection (2), the by‑laws and any amendment to the by‑laws of a society, when registered, bind the society and the members thereof to the same extent as if they were signed by each member and contained covenants on the part of each member for the member and the member’s personal representatives to observe all the provisions of the by-laws. [3/2018] (2) An amendment of the by‑laws of a society that has any of the following effects does not bind anyone who becomes a member of the society before the registration of that amendment under section 15, unless that member consents in writing to that amendment binding that member: ( a ) that amendment requires that member — (i) to take or to subscribe for more shares than the number held by that member immediately before the date of registration of that amendment under section 15; or (ii) to pay upon the shares so held by that member any sum exceeding the amount unpaid upon those shares at that date; ( b ) that amendment increases (in any other way) the liability of that member at any time to contribute to the share, subscription or loan capital of the society; ( c ) that amendment will cause or require any shares of that member (being an institutional member) to be converted into permanent shares. [3/2018]


document_id: csa-1979
provision_ref: s16A
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 16A
title: Conversion from non-credit society to credit society
content:
16A. —(1) A non-credit society must not provide any financial service. [3/2018] (2) A non‑credit society that intends to provide any financial service must apply to the Registrar, in such manner as may be prescribed, for the Registrar’s written approval to become a credit society. [3/2018] (3) Every application made by a non-credit society under subsection (2) must be accompanied by such fee as may be prescribed. (4) The Registrar may require a non-credit society to furnish the Registrar with the information or documents that the Registrar considers necessary in relation to the application. (5) The Registrar may grant the written approval if the Registrar is satisfied that all of the following requirements will be met upon the conversion of the non‑credit society to a credit society: ( a ) the primary object of the society is to provide any financial service; ( b ) the provision of the financial service is in the interests of the members of the society; ( c ) the by‑laws of the society are, or are amended under section 15 to be, consistent with the criterion in section 39(4) for membership in the society; ( d ) there is available sufficient capital for the provision of the financial service by the society; ( e ) the society is able to meet such minimum financial or prudential requirements, or such other requirements, as may be prescribed, either generally or specifically; ( f ) there are available officers who, having regard to their qualifications, experience, reputation, character, financial integrity and reliability, are capable of — (i) directing and managing the provision of the financial service by the society; and (ii) keeping the records and accounts of the society. [3/2018] (6) The Registrar may grant the written approval subject to any terms and conditions that the Registrar thinks fit. [3/2018] (7) Where the Registrar grants written approval for a non‑credit society to become a credit society, the Registrar must — ( a ) notify the society in writing that it is registered as a credit society to provide the financial service specified in the notice, starting on a date specified in the notice; and ( b ) amend the register of societies to show that the society is registered as a credit society to provide that financial service. [3/2018] (8) A non‑credit society that is granted written approval to become a credit society — ( a ) must not provide any new service other than a financial service, starting on such date as the Registrar may determine (being a date that may be different from the date mentioned in subsection (7)( a )); but ( b ) may continue to provide indefinitely any service (not being a financial service) that was carried on by the society immediately before that date. [3/2018] (9) A non‑credit society that is aggrieved by a decision by the Registrar to refuse written approval for the non‑credit society to become a credit society may, within 2 months after the date of the decision, appeal in writing to the Minister, whose decision is final. [3/2018] (10) Any non‑credit society that contravenes subsection (1) or (8)( a ) 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]


document_id: csa-1979
provision_ref: s16B
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 16B
title: Control of credit societies
content:
16B. —(1) No credit society may, without the Registrar’s written approval, provide, or enter into any partnership, joint venture or other arrangement with any person to provide, any financial service other than the financial service or services which it is registered to provide. (2) Any credit society which contravenes subsection (1) 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 every day or part of a day during which the offence continues after conviction.


document_id: csa-1979
provision_ref: s16BA
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 16BA
title: Conversion from credit society to non-credit society on application
content:
16BA. —(1) A credit society that intends to stop providing every financial service carried on by the society, and does not intend to provide any new financial service, must apply to the Registrar, in such manner as may be prescribed, for the Registrar’s written approval to become a non‑credit society. [3/2018] (2) An application under subsection (1) must be accompanied — ( a ) by the prescribed application fee, if any; and ( b ) by such documents and information as the Registrar requires in relation to the application. [3/2018] (3) The Registrar may grant the written approval if the Registrar is satisfied that all of the following requirements will be met upon the conversion of the credit society to a non-credit society: ( a ) the object of the society is to provide any service other than any financial service; ( b ) the provision of the service mentioned in paragraph ( a ) is in the interests of the members of the society; ( c ) there is available sufficient capital for the provision of the service mentioned in paragraph ( a ) by the society; ( d ) there are available officers who are capable of — (i) directing and managing the provision of the service mentioned in paragraph ( a ) by the society; and (ii) keeping the records and accounts of the society. [3/2018] (4) The Registrar must not grant the written approval unless a resolution for the conversion of the credit society to a non‑credit society has been passed at a general meeting of the credit society by at least 75% of the members of the society present and voting. [3/2018] (5) The Registrar may grant the written approval subject to any terms and conditions that the Registrar thinks fit. [3/2018] (6) Where the Registrar grants written approval for a credit society to become a non‑credit society, 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] (7) A credit society that is granted written approval to become a non-credit society — ( a ) must stop doing all 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 (6)): (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] (8) 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] (9) A credit society that is aggrieved by a decision by the Registrar to refuse written approval for the credit society to become a non‑credit society may, within 2 months after the date of the decision, appeal in writing to the Minister, whose decision is final. [3/2018] (10) Any society that contravenes subsection (7) 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]


document_id: csa-1979
provision_ref: s16BB
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 16BB
title: Modifying of terms and conditions of written approval
content:
16BB. —(1) The Registrar may modify the terms and conditions of a written approval under section 16A(5) or 16BA(3). [3/2018] (2) The Registrar must, before modifying the terms and conditions of a written approval under section 16A(5) or 16BA(3), 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 the notice is served on the society), as to why the term or condition 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 a written approval under section 16A(5) or 16BA(3). [3/2018] (4) Where the Registrar decides to modify the terms and conditions of a written approval under section 16A(5) or 16BA(3), the written notice in subsection (3) must specify a date (at least 14 days after the date of the notice) when the modification is to take effect. [3/2018] (5) A society that is aggrieved by the Registrar’s decision to modify the terms and conditions of a written approval under section 16A(5) or 16BA(3) 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 the 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 a written approval under section 16A(5) or 16BA(3), includes deleting or varying and substituting such a term or condition, and adding a term or condition of such a written approval. [3/2018]


document_id: csa-1979
provision_ref: s16C
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 16C
title: Change of name of society
content:
16C. —(1) Despite anything in sections 6 and 15, where the Registrar is satisfied that a society has been registered (whether through inadvertence or otherwise and whether before, on or after 20 October 2008) by a name — ( a ) which is referred to in section 6(1); or ( b ) the use of which has been restrained by an injunction granted under the Trade Marks Act 1998, the Registrar may, by a written direction, direct the society to change its name to such other name as the Registrar may approve in accordance with such terms and conditions as may be specified in the written direction. (2) Every society which has been directed to change its name under subsection (1) must comply with the written direction within the time specified in the written direction, unless the written direction is annulled by the Minister. (3) Any society that is aggrieved by the Registrar’s written direction to change its name under subsection (1) may, within 2 months after the issue of the written direction, appeal to the Minister whose decision is final. [3/2018] (4) A change of name of a society pursuant to this Act does not affect the identity of the society or any right or obligation of the society or any of its members or past members, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.


document_id: csa-1979
provision_ref: s17
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 17
title: Address of society
content:
17. —(1) Every society must have an address registered in accordance with this Act to which all notices and communications must be sent. (2) The Registrar will register, as the registered address of a society — ( a ) the address declared in the application for registration of the society to be the address of the society; or ( b ) if the society changes its address, the new address of which notice is given to the Registrar under subsection (3). [3/2018] (3) A society must give the Registrar, and every creditor of the society who is not a member of the society, notice of any change of the address of the society within 30 days after the date of the change. [3/2018]


document_id: csa-1979
provision_ref: s18
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 18
title: Register of members and shares
content:
18. —(1) Every society must maintain a register of members, and where a society issues shares to its members, a register of shares held by each member. (2) Where a society issues permanent shares to its institutional members, the number of permanent shares held by each institutional member must be recorded in the society’s register of shares. [3/2018] (3) The register of members and shares is prima facie evidence of any of the following particulars entered in the register: ( a ) the date on which the name of any person was entered in the register as a member; ( b ) the date on which any such person ceased to be a member; and ( c ) the number of shares held by a member.


document_id: csa-1979
provision_ref: s19
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 19
title: Relevant particulars of officers of society
content:
19. —(1) The Registrar may issue a written direction requiring a society to provide the relevant particulars of any officer of that society specified in the direction, whether that officer was appointed or elected before, on or after 10 April 2018. [3/2018] (2) A society must give the Registrar the relevant particulars of each officer mentioned in the direction under subsection (1) within such period (being at least 30 days) as that direction may specify. [3/2018] (3) A society must give the Registrar notice of any change to any of the relevant particulars of an officer given under subsection (2) within 30 days after the date of that change. [3/2018] (4) In this section, “relevant particulars”, in relation to an officer of a society, means — ( a ) the name of the officer; ( b ) the occupation of the officer; ( c ) a residential or business address in Singapore at which — (i) the officer can be located; and (ii) the Registrar may correspond with the officer; and ( d ) any other particulars of the officer that the Registrar may, by a written direction, require that society to provide. [3/2018]


document_id: csa-1979
provision_ref: s20
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 20
title: Copy of this Act, Rules, by-laws and list of members open to inspection
content:
20. Every society must keep a copy of this Act, the Rules, its by‑laws and a list of its members open to inspection by its members free of charge, at all reasonable times at the registered address of the society.


document_id: csa-1979
provision_ref: s21
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 21
title: Contracts with members
content:
21. —(1) A society which has as one of its objects the disposal of any article produced or obtained by the work or industry of its members, whether the produce of handicraft, agriculture, animal husbandry, fisheries or otherwise, may provide in its by-laws or may otherwise contract with its members — ( a ) that every such member who produces any such article must dispose of the whole or any specified amount, proportion or description thereof to or through the society; and ( b ) that a member who is proved or adjudged, in accordance with the provisions of this Act and in such manner as may be prescribed by the by-laws, to be guilty of a breach of the by-laws or contract must pay to the society as liquidated damages a sum ascertained or assessed in such manner as may be prescribed by the by-laws. (2) The validity of a by-law made by a society or a contract entered into under this section is not affected by reason only that it constitutes a contract in restraint of trade.


document_id: csa-1979
provision_ref: s22
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 22
title: Imposition of fines upon members
content:
22. —(1) The by-laws may provide for the imposition of fines on its members for any infringement of its by-laws, but no such fine may be imposed upon any member until a written notice of the intention to impose the fine and the reason therefor has been served on the member and the member has had an opportunity of being heard or otherwise showing cause why the fine should not be imposed. (2) No fine exceeding $500 may be imposed except with the Registrar’s written approval. (3) Any such fine is recoverable by the society as a debt due to the society.


document_id: csa-1979
provision_ref: s23
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 23
title: Creation of charges in favour of societies
content:
23. —(1) Subject to any other written law as to priority of debts, where a society has — ( a ) supplied to a member or past member industrial implements or machinery or materials for manufacture or building, or seeds, fertiliser, animals, feeding stuffs or agricultural implements; ( b ) rendered services to a member or past member; or ( c ) lent money to a member or past member to enable the member or past member to buy those things or to obtain those services, the society has a first charge upon those things or (as the case may be) upon industrial or agricultural produce, animals or articles produced therewith or therefrom or with the aid of the money, except that nothing herein contained affects the claim of a bona fide purchaser or transferee without notice. (2) Outstanding demands or dues payable to a housing society by a member or past member in respect of rent, shares, loans or purchase money or any other rights or amounts payable to the society are a first charge upon the member’s or past member’s interest in the immovable property of the society.


document_id: csa-1979
provision_ref: s24
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 24
title: Charge and set-off in respect of shares or interest of members
content:
24. A society has a charge upon the share or interest in the capital and on the deposits of a member or past member or deceased member and upon a dividend or patronage refund payable to a member or past member or to the estate of a deceased member in respect of a debt due to the society from the member or past member or estate, and may set‑off a sum credited or payable to a member or past member or estate of a deceased member for the payment of any such debt.


document_id: csa-1979
provision_ref: s25
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 25
title: Shares or interest not liable to attachment or sale
content:
25. Subject to section 24, the share or interest of a member in the capital of a society is not liable to attachment or sale under any decree or order of a court in respect of a debt or liability incurred by the member, and neither the member’s assignee in insolvency nor a receiver duly appointed is entitled to, or have a claim on, that share or interest.


document_id: csa-1979
provision_ref: s26
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 26
title: Transfer of shares or interest where member dies or lacks capacity
content:
26. —(1) On the death of a member, a society may transfer the share or interest of the deceased member — ( a ) to the person nominated by the member in accordance with section 45; ( b ) if there is no person so nominated, to such person as may appear to the committee of management of the society to be the legal personal representative of the deceased member; or ( c ) if either of those persons referred to in paragraphs ( a ) and ( b ) is not qualified under this Act or under the by-laws of the society for membership, to such other person who is so qualified, to be specified within 6 months after the death of the deceased member by the nominee or legal personal representative, as the case may be. [3/2018] (2) A society may pay all other moneys due to the deceased member from the society to such nominee or legal personal representative, as the case may be. (3) Where the committee of management of a society is satisfied that an individual (being a member or a person claiming through a member) lacks capacity to manage the individual’s property and affairs and that it is just and expedient to do so, the society may pay or transfer the individual’s share or interest, or the value of all the moneys due to the individual from the society, to a person whom the committee of management is of the view is the proper party to receive the same on the individual’s behalf. [3/2018] (4) A payment or transfer cannot be made under subsection (3) where the individual lacks capacity to manage the individual’s property and affairs, and — ( a ) there is in force a lasting power of attorney conferring on a donee authority to make decisions about the individual’s property and affairs (either generally or for the purposes of this Act); or ( b ) a deputy is or is deemed appointed to make decisions on the individual’s behalf in relation to the individual’s property and affairs (either generally or for the purposes of this Act). [3/2018] (5) The value of the share or interest of a member mentioned in subsection (1), or of an individual (being a member or a person claiming through a member) mentioned in subsection (3), is represented by the sum actually paid by the member to acquire the share or interest unless the by-laws provide the calculation thereof otherwise. [3/2018] (6) All transfers and payments made by a society in accordance with this section are valid and effectual against a demand made upon the society by another person. (7) In this section — ( a ) “deputy”, “donee” and “lasting power of attorney” have the meanings given by section 2(1) of the Mental Capacity Act 2008; and ( b ) an individual lacks capacity in relation to a matter if the individual lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 in relation to that matter. [3/2018]


document_id: csa-1979
provision_ref: s27
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 27
title: Deposits by or on behalf of minors
content:
27. —(1) A credit society may receive deposits from or for the benefit of minors and it is lawful for a credit society to pay them the interest which may become due on the deposits. (2) A deposit made by a minor may, together with the interest accrued thereon, be paid to that minor; and a deposit made on behalf of a minor may, together with the interest accrued thereon, be paid to the guardian of that minor for the use of the minor. (3) The receipt of a minor or guardian for money paid to the minor or guardian under this section is a sufficient discharge of the liability of the credit society in respect of that money.


document_id: csa-1979
provision_ref: s28
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 28
title: Contracts with members of society who are minors
content:
28. The minority of a person duly admitted as a member of any society — ( a ) does not preclude that person from executing any instrument or giving a discharge necessary to be given under this Act or the Rules; and ( b ) is not a ground for invalidating or avoiding a contract entered into by any such person with the society, and the contract entered into by that person with the society, whether as principal or as surety, is enforceable at law or against that person despite the person’s minority, except that this section does not apply to school co‑operatives.


document_id: csa-1979
provision_ref: s29
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 29
title: Proof of entries in books of society
content:
29. —(1) A copy of an entry in a book of a society, regularly kept in the course of business, is prima facie evidence in any legal proceedings, civil or criminal, of the existence of the entry and of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible. (2) Such copy of an entry in the book of a society must be certified by a written certificate at the foot of the copy, declaring that it is a true copy of the entry and that the book containing the entry is still in the custody of the society, the certificate being dated and signed by the chairperson and the secretary of the society. (3) No officer of any such society may, in any legal proceedings to which the society or the liquidator of the society is not a party, be compelled to produce any of the society’s books, the contents of which can be proved under subsection (1) or to appear as witness to prove matters, transactions or accounts therein recorded, unless the court for special reasons so directs. 30. [ Repealed by Act 23 of 2008 ] 31. [ Repealed by Act 3 of 2018 ]


document_id: csa-1979
provision_ref: s32
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 32
title: Submission of minutes, returns and statements
content:
32. Every society must submit to the Registrar the minutes of meetings and such information, returns and statements as the Registrar may, by written directions, require.


document_id: csa-1979
provision_ref: s32A
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 32A
title: Documents, etc., to be in English
content:
32A. —(1) Every document that a society is required to furnish or submit to, or lodge with, the Registrar must be in the English language or, if the document or any part of it is not in the English language, be accompanied by an accurate translation in the English language of that document or part. [3/2018] (2) The committee of management of the society must ensure the accuracy of the translation mentioned in subsection (1). [3/2018] (3) Where any document or part of a document which a society is required to keep under this Act is not in the English language, the committee of management of the society must — ( a ) cause an accurate translation in the English language of that document or part (as the case may be) to be made not later than 30 days after the document is made or received by the society; and ( b ) cause the translation to be kept with that document for so long as that document is required under this Act to be kept by the society. [3/2018] (4) In this section, “document” includes an account, a book or a record. [3/2018]


document_id: csa-1979
provision_ref: s32B
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 32B
title: Keeping of records and documents, etc.
content:
32B. —(1) Every society must keep or cause to be kept every record or document relating to its constitution, general meetings, membership, accounts, financial position or financial affairs, or the meetings of its committee of management, for a period of at least 5 years after the end of the last financial year to which any matter in that record or document relates. [3/2018] (2) A society may keep any record or document of the society in hard copy form or in electronic form. [3/2018] (3) A society must ensure that any record or document kept in electronic form is capable of being reproduced in hard copy form. [3/2018] (4) Where a society keeps any record or document in electronic form, the society must take reasonable precautions — ( a ) to ensure the proper maintenance of the record or document; ( b ) to prevent any falsification of the record or document; and ( c ) to facilitate the discovery of any falsification of a record or document. [3/2018]


document_id: csa-1979
provision_ref: s32C
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 32C
title: Duty to inform Registrar of certain developments, etc.
content:
32C. —(1) Where a credit society becomes aware of any development or circumstance specified in subsection (2), whether occurring before, on or after 10 April 2018, the credit society must immediately inform the Registrar, in the manner specified by the Registrar, of that development or circumstance. [3/2018] (2) The developments and circumstances mentioned in subsection (1) are as follows: ( a ) a development or circumstance which is likely to cause the society to become insolvent, to be unable to meet its obligations, to suspend payments to its members or creditors, or to be wound up under section 83, at any time on or after 10 April 2018; ( b ) a development or circumstance which adversely affects, or is likely to adversely affect, either or both of the following, at any time on or after 10 April 2018: (i) the interests of all or any of the classes of members of the society; (ii) the reputation of the society; ( c ) the institution or resolution, at any time on or after 10 April 2018, of any legal proceedings against the society, or against a member of the society in connection with the member’s conduct in any matter relating to the society or its affairs. [3/2018]


document_id: csa-1979
provision_ref: s33
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 33
title: Audit of societies
content:
33. —(1) Every society must at least once in every year have its books and accounts audited by a public accountant or a person authorised by the Registrar in writing. (2) A person is not eligible to be or remain an auditor of a society if the person — ( a ) has outstanding liabilities with the society or any of its related entities; ( b ) is an officer of the society; ( c ) is a partner, an employer or an employee of an officer of the society; or ( d ) is a partner or an employee of an employee of an officer of the society. (3) An auditor of a society has power — ( a ) to have at all reasonable times free access to all accounting and other records relating directly or indirectly to the financial transactions of the society; ( b ) to require the production of any book or document relating to the affairs of, or any property belonging to, the society by its officer, agent, employee or member in possession of the book, document or property; ( c ) to require any officer, agent, employee or member of the society to furnish any information in regard to any transaction of the society or the management of its affairs; and ( d ) to make copies of or extracts from accounting and other records, or retain possession of such records for such period as may be necessary to enable them to be inspected. (4) In this section, “related entity”, in relation to a society, means — ( a ) the parent society of the society, or a subsidiary of such a parent society; or ( b ) a subsidiary of the society.


document_id: csa-1979
provision_ref: s33A
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 33A
title: Special audit of societies
content:
33A. —(1) The Registrar or an authorised person may at any time conduct a special audit of a society that may cover one or more of the following matters: ( a ) the governance of the society; ( b ) the operations of the society; ( c ) the financial condition of the society; ( d ) the affairs of the society. [3/2018] (2) The Registrar or authorised person may, for the purpose of conducting the special audit, exercise all or any of the powers in section 77. [3/2018]


document_id: csa-1979
provision_ref: s34
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 34
title: Annual reports, accounts and financial statements
content:
34. —(1) A society must, as soon as practicable but not later than 6 months after the close of each financial year, submit to the Registrar an annual report on its activities during the year together with a copy of the audited financial statements of the society and the audit report for that year. (2) The annual report of a society must be prepared in such form and manner, and contain such information, as the Registrar may require. [3/2018] (3) The society must do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in custody of, the society and over the expenditure incurred by the society. [3/2018] (4) The society must — ( a ) keep such accounting and other records of its transactions and affairs as will sufficiently — (i) explain the transactions and financial position of the society; and (ii) enable the preparation from time to time of true and fair financial statements and any documents required to be attached to the financial statements; ( b ) cause the records to be kept in such manner as to enable them to be conveniently and properly audited; and ( c ) ensure that the financial statements give a true and fair view of the financial position and performance of the society. [3/2018] (5) [ Deleted by Act 17 of 2024 wef 18/07/2024 ] (6) The Registrar may, on application by a society, extend the period of 6 months mentioned in subsection (1), if for any special reason the Registrar thinks fit to do so. [Act 17 of 2024 wef 18/07/2024] (7) Subject to subsections (9) and (10), the financial statements of a society must be in compliance with — ( a ) any accounting standards that may be made or formulated by the Accounting Standards Committee under Part 3 of the Accounting Standards Act 2007 and applicable to the society; or [Act 36 of 2022 wef 01/04/2023] ( b ) other requirements substituted by the Minister in lieu of compliance with one or more requirements of the accounting standards referred to in paragraph ( a ). (8) The committee of management of a society must cause to be attached, to the audited financial statements of the society, such report (if any), in such form and manner and containing such information, as the Registrar may require. [3/2018] (9) Where the financial statements prepared in accordance with any accounting standard or requirement referred to in subsection (7) would not give a true and fair view of the financial position and performance of the society as at the end of the period to which they relate, the financial statements need not be in compliance with that accounting standard or requirement to the extent that this is necessary for them to give a true and fair view of the financial position and performance of the society. [3/2018] (10) In the event of any non-compliance with any accounting standard or requirement referred to in subsection (7), there must be included in the financial statements — ( a ) a statement by the auditor of the society that the auditor agrees that the non-compliance is necessary for the financial statements to give a true and fair view of the financial position and performance of the society; ( b ) particulars of the departure, the reason therefor and its effect, if any; and ( c ) such further information and explanation as will give a true and fair view of the financial position and performance of the society. [3/2018] (11) Any society which fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.


document_id: csa-1979
provision_ref: s35
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 35
title: Duties of auditor
content:
35. —(1) The auditor must inspect and audit the accounts and other relevant records of the society and must immediately draw the attention of the Registrar and the society to any irregularity disclosed by the inspection and audit that is, in the auditor’s opinion, of sufficient importance to justify the auditor so doing. (2) The financial statements submitted by the society after the close of the financial year must be audited and reported on by the auditor. (3) The auditor must report — ( a ) whether the financial statements give a true and fair view of the financial position and performance of the society; and ( b ) such other matters arising from the audit as the auditor considers should be reported. [3/2018] (4) The auditor must state in the auditor’s report whether — ( a ) proper accounting and other records have been kept; and ( b ) the receipt, expenditure and investment of moneys and the acquisition and disposal of assets by the society during the year have been in accordance with the by-laws and the provisions of this Act and the Rules. (5) The auditor may at any other time report to the Registrar and the society upon any matters arising out of the performance of the audit. (6) The audit of the accounts of a society must include an examination of and report on overdue debts (if any) and an examination of and report on the valuation of the assets and liabilities of the society. [3/2018] (7) The Registrar may impose additional duties on an auditor, including but not limited to the following: ( a ) a duty to submit to the Registrar such additional information in relation to the auditor’s audit as the Registrar considers necessary; ( b ) a duty to enlarge or extend the scope of the auditor’s audit of the transactions and affairs of the society; ( c ) a duty to carry out any other examination or establish any procedure in any particular case; ( d ) a duty to submit a report to the Registrar on any of the matters referred to in paragraphs ( b ) and ( c ), and the auditor must carry out such duty or duties. (8) The society must remunerate the auditor in respect of the discharge of such duty or duties as the Registrar may impose on the auditor under subsection (7), subject to the Registrar’s written directions. (9) If an auditor of a society, in the course of the performance of his or her duties as auditor, has reason to believe that an offence involving fraud or dishonesty is being or has been committed against the society by any officer or employee of the society and — ( a ) the offence is punishable by imprisonment for a term that is not less than 2 years; and ( b ) the value of the property obtained or likely to be obtained from the commission of the offence is not less than $20,000, the auditor must immediately report the matter to the Registrar. (10) An officer of a society who refuses or fails, without lawful excuse, to allow an auditor of the society access, in accordance with this section, to any accounting and other records, including registers, of the society in the officer’s custody or control, or to give any information or explanation as and when required under this section, or otherwise hinders, obstructs or delays an auditor in the performance of the auditor’s duties or the exercise of the auditor’s powers, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.


document_id: csa-1979
provision_ref: s36
chapter: PART 3 - PRIVILEGES AND DUTIES OF SOCIETIES
section: 36
title: Audit committees
content:
36. —(1) Every credit society must have an audit committee. (2) The committee of management of a credit society must appoint an audit committee — ( a ) which consists of at least 3 individuals (who may but need not be members of the committee of management), each of whom must be independent of the credit society in the manner prescribed; and ( b ) with at least one member possessing such qualifications, training or experience as may be prescribed. [3/2018] (3) If a member of an audit committee resigns, dies or for any other reason ceases to be a member with the result that the number of members is reduced below 3, the committee of management of the credit society must, within 3 months after that event, appoint such number of new members as may be required to make up the minimum number of 3 members. [3/2018] (4) The functions of an audit committee are — ( a ) to review — (i) with the auditor, the audit plan; (ii) with the auditor, the auditor’s audit report; (iii) the assistance given by the officers of the credit society to the auditor; (iv) the scope and results of the audit procedures; and (v) the financial statements of the credit society and, if the credit society is a parent society, the consolidated financial statements, submitted to the audit committee by the credit society or the parent society, and thereafter to submit them to the members of the committee of management of the credit society or the parent society; and ( b ) to nominate a person or persons as auditor, despite anything contained in the by-laws or section 33(1), together with such other functions as may be agreed to by the audit committee and the committee of management of the credit society. [3/2018] (5) The auditor has the right to appear and be heard at any meeting of the audit committee and must appear before the audit committee when required to do so by the audit committee. (6) Upon the request of the auditor, the chairperson of the audit committee must convene a meeting of the audit committee to consider any matter the auditor believes should be brought to the attention of the members of the committee of management, or the members, of the credit society. (7) Each audit committee may regulate its own procedure and, in particular, the calling of meetings, the notice to be given of such meetings, the voting and proceedings at such meetings, the keeping of minutes and the custody, production and inspection of such minutes. 37. [ Repealed by Act 23 of 2008 ]


document_id: csa-1979
provision_ref: s38
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 38
title: Original members
content:
38. The persons who sign an application for the registration of a proposed society or a society, trade union or platform work association on whose behalf the application for the registration of a proposed society is signed is deemed to have agreed to become members of the society and, on registration of the society, must be entered in the register of members. [Act 30 of 2024 wef 01/11/2024]


document_id: csa-1979
provision_ref: s39
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 39
title: Qualifications for membership
content:
39. —(1) The qualifications for membership in a primary society are — ( a ) in the case of an individual, that the individual — (i) has attained 16 years of age or, if the society is a school co‑operative, has attained 12 years of age; (ii) is a citizen of Singapore or is resident in Singapore; and (iii) meets such other requirements with regard to residence, employment, profession and other matters as are prescribed by the by‑laws of the society; and ( b ) in the case of an institution, that it is a society, a trade union or a platform work association. [3/2018] [Act 30 of 2024 wef 01/11/2024] (2) Membership in a secondary society is restricted to registered co‑operative societies, trade unions and platform work associations. [Act 30 of 2024 wef 01/11/2024] (3) Membership in an apex organisation is restricted to primary and secondary societies registered under this Act. (4) Despite subsections (1), (2) and (3), membership of individuals in a credit society is restricted to individuals who belong to a field of membership consisting of a pre-existing common bond of association or community of interest among the members thereof. (5) In determining whether the criterion for membership in a credit society prescribed in subsection (4) is met, regard must be had to — ( a ) whether the members have the same or a similar occupation or profession, are employed by a common employer, or are employed within the same business district or commercial area; ( b ) whether the members have common membership in a religious, social, co-operative, labour, educational or other association or organisation; ( c ) whether the members reside, work or worship within the same defined community, district or electoral division; and ( d ) such other considerations as the Registrar may determine to be relevant. (6) Subsection (4) does not apply to any person who, immediately before 20 October 2008, is a member of any society which provides any financial service and which continues to provide such financial service on or after that date as a credit society, whether by virtue of paragraph 1 of the Schedule to the Co-operative Societies (Amendment) Act 2008 or otherwise. [3/2018] (7) A member who may at any time be found to be disqualified for any of the reasons mentioned in this section ceases to be a member of the society.


document_id: csa-1979
provision_ref: s40
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 40
title: Members not to exercise rights until due payment made
content:
40. No member of a society may exercise any of the rights of a member unless the member has made such payment to the society in respect of membership, or has acquired such shares or interest in the society, as may be prescribed under this Act or by the by-laws. 41. [ Repealed by Act 23 of 2008 ]


document_id: csa-1979
provision_ref: s42
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 42
title: Votes of members
content:
42. —(1) Each individual member of a primary society has only one vote in the affairs of the society, irrespective of the number of shares the member holds and that vote must be exercised in person and not by proxy. (2) Each institutional member of a primary society has such number of votes and such voting powers as are provided by the by‑laws. (3) In a secondary society or in an apex organisation, each member has as many votes as may be provided by the by-laws of the secondary society or the apex organisation. (4) Despite subsection (1), where a member lacks capacity to manage the member’s property and affairs — ( a ) if the member had created a lasting power of attorney conferring on a donee authority to make decisions about the member’s property and affairs (either generally or for the purposes of this Act), that donee may vote on behalf of the member; or ( b ) if a deputy has been, or is deemed to have been, appointed to make decisions on the member’s behalf in relation to the member’s property and affairs (either generally or for the purposes of this Act), that deputy may vote on behalf of the member. [3/2018] (5) In subsection (4) — ( a ) “deputy”, “donee” and “lasting power of attorney” have the meanings given by section 2(1) of the Mental Capacity Act 2008; and ( b ) a member lacks capacity in relation to a matter if the member lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 in relation to that matter. [3/2018]


document_id: csa-1979
provision_ref: s42A
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 42A
title: Statement of account
content:
42A. —(1) Every credit society must provide to each member of the society, within 6 months after the close of each financial year, a statement of account (in hard copy form or in electronic form, as the society may determine) containing particulars of each financial transaction between that member and the society in that financial year. [3/2018] (2) In addition, a credit society must, within the prescribed period after receiving a member’s request, provide to the member a statement of account (in hard copy form or in electronic form, as the society may determine) containing particulars of each financial transaction between that member and the society in the 6 months preceding the date of receipt of the member’s request. [3/2018]


document_id: csa-1979
provision_ref: s43
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 43
title: Restriction on shareholding
content:
43. —(1) Except as provided in subsection (2), a member cannot hold more than 20% of the share capital of a society. [3/2018] (2) A member may hold more than 20% of the share capital of a society, if the Registrar grants written approval for that society to issue more than 20% of its share capital to that member. [3/2018] (3) This section does not apply to a member that is a society, a trade union or a platform work association. [3/2018] [Act 30 of 2024 wef 01/11/2024]


document_id: csa-1979
provision_ref: s44
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 44
title: Restriction on transfer of shares or interest
content:
44. —(1) The transfer or charge of the share or interest of a member or past member or deceased member in the capital of a society is subject to such conditions as to maximum holding as are laid down in section 43. (2) No member of a society may transfer any share held by the member or the member’s interest in the capital of the society or any part thereof unless — ( a ) the member has held that share or interest for at least one year; and ( b ) the transfer or charge is in favour of the society, a member of the society or a person, another society, a trade union or a platform work association whose application for membership has been accepted by the committee of management of the society. [Act 30 of 2024 wef 01/11/2024]


document_id: csa-1979
provision_ref: s45
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 45
title: Nomination
content:
45. —(1) Subject to subsection (3), a member of a society may in writing nominate a person in the presence of at least 2 witnesses, to whom on the death of the member the society may transfer the share or interest. [3/2009] (2) Every society must keep a register of all persons so nominated. (3) Where a society is the insurer of any relevant policy, and a member of the society is the policy owner of that relevant policy, the member is not entitled, on or after 1 September 2009, to nominate under subsection (1) any person to whom on the death of the member the society may transfer the member’s share or interest in any policy moneys under that relevant policy. [3/2009] (4) In this section — “policy owner” and “policy moneys” have the meanings given in the First Schedule to the Insurance Act 1966; “relevant policy” has the meaning given by section 131 of the Insurance Act 1966. [3/2009]


document_id: csa-1979
provision_ref: s46
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 46
title: Liability of member limited by shares or by guarantee
content:
46. —(1) Despite the provisions of any by-laws, the liability of a member, present or past, of a society extends to the nominal value of any shares held or subscribed for by the member. (2) Where in the by-laws of a society the amount of the liability of a member is expressed to be greater than the nominal value of any shares held or subscribed for by the member, then the liability of the member extends to that greater amount.


document_id: csa-1979
provision_ref: s47
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 47
title: Liability of past member and of estate of deceased member for debts of society
content:
47. —(1) The liability of a past member for the debts of a society, within the limitations of section 46, as they existed on the date on which the member ceased to be a member does not continue for a period of more than 2 years after that date. [3/2018] (2) The estate of a deceased member, who is not a past member to whom subsection (1) applies, is not liable for debts of the society as they existed on the date of the member’s death for a period of more than 2 years after the date of the member’s death. [3/2018]


document_id: csa-1979
provision_ref: s48
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 48
title: Right of member to withdraw from society
content:
48. A member may withdraw from a society subject to such conditions and by giving to the society such notice as the by‑laws may prescribe, except that — ( a ) in the case of a primary society, the notice must not exceed one year; and ( b ) in the case of a secondary society or an apex organisation, the notice must not exceed 2 years.


document_id: csa-1979
provision_ref: s49
chapter: PART 4 - RIGHTS AND LIABILITIES OF MEMBERS
section: 49
title: Expulsion of member
content:
49. —(1) A member who contravenes any of the provisions of this Act or the Rules or the by‑laws or acts in any way detrimental to the interests of the society may be expelled by a vote of at least two‑thirds of the members present and voting at a general meeting upon a charge of which the member is informed in writing by the committee of management at least one week before the meeting. (2) A society may in its by-laws provide for a different procedure of expulsion of members, but such by-laws must provide for a reasonable opportunity to be given to a member to be expelled to show cause why the member should not be expelled.


document_id: csa-1979
provision_ref: s50
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 50
title: General meeting
content:
50. The supreme authority of a society is vested in the general meeting of its members, at which every member has a right to attend and to vote.


document_id: csa-1979
provision_ref: s51
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 51
title: Meeting of delegates
content:
51. —(1) Despite section 50, if a primary society has more than 3,000 members, the general meeting of members may be replaced by a meeting of delegates, each delegate representing a certain number of individual members. (2) All provisions of this Act referring to general meetings of members include a reference to meetings of delegates. (3) Every individual person who is a member of a society may be eligible for election as a delegate. (4) The meeting of delegates must consist of at least 20 delegates, elected from among the members. (5) The delegates may not vote by proxy. (6) The society must make by-laws specifying the method by which the delegates are elected and the number of individual members represented by each delegate and the term of office of the delegates. (7) The Registrar may, on application by a primary society with less than 3,000 members, allow the society to replace the general meeting of members by a meeting of delegates, if for any special reason the Registrar thinks fit to do so.


document_id: csa-1979
provision_ref: s52
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 52
title: First meeting
content:
52. —(1) Every society must within 3 months after receipt of the notice of registration, unless the time is extended by the Registrar, hold a first meeting of its members. (2) The business of the first meeting must include the election of officers who must serve until the first annual general meeting and are eligible for re-election.


document_id: csa-1979
provision_ref: s53
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 53
title: Annual general meeting
content:
53. —(1) Every society must convene an annual general meeting within 6 months after the end of the society’s financial year or such longer period as the Registrar may allow in a particular case. [3/2018] (2) Every society — ( a ) must provide in its by‑laws for an annual general meeting to be convened in accordance with subsection (1) by its committee of management, and to be held as soon as practicable; and ( b ) may also provide in its by‑laws for other general meetings. [3/2018] (3) Unless the by-laws provide for a longer period, a notice of every general meeting must be sent to each member, and each delegate entitled to attend the general meeting, at least 15 clear days before the date of the meeting. [Act 17 of 2024 wef 18/07/2024] (4) The notice must state the matters for discussion and the resolutions to be proposed and no other subject may be discussed without the consent of the majority of the members present and voting at the general meeting. [3/2018] (5) A copy of each of the following documents must be made available to every member, and to every delegate entitled to attend the general meeting, at least 15 clear days, or such longer period as may be provided for in the society’s by‑laws, before the date of the meeting: ( a ) the society’s annual report, audited financial statements and audit report mentioned in section 34(1), including every document required under this Act to be attached to those reports and statements; ( b ) such other document as the Registrar thinks necessary and directs to be made available. [3/2018]


document_id: csa-1979
provision_ref: s54
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 54
title: Functions of annual general meeting
content:
54. The functions of the annual general meeting of a society are — ( a ) to consider and confirm the minutes of the last annual general meeting and of any other intervening general meeting; ( b ) to consider the auditor’s report, the reports of the committee of management and any report made by the Registrar or the Registrar’s representative; ( c ) to approve the financial statements; ( d ) to consider and resolve the manner in which any available net surplus is to be distributed subject to the provisions of this Act and the by-laws; [Act 17 of 2024 wef 18/07/2024] ( da ) to consider and resolve the distribution of dividends or payment of honoraria from any reserves for which the approval of the Registrar under section 72A has been obtained; [Act 17 of 2024 wef 18/07/2024] ( db ) to consider and resolve the payment of any honorarium, allowance or other benefit to members of the committee of management; [Act 17 of 2024 wef 18/07/2024] ( e ) to consider and adopt any amendments to the by-laws; ( f ) to elect or remove members of the committee of management; ( g ) to appoint the auditors of the society; ( h ) to consider and determine the maximum amount the society may borrow; and ( i ) to transact any other general business of the society of which due notice has been given to members. [3/2018]


document_id: csa-1979
provision_ref: s55
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 55
title: Extraordinary general meeting
content:
55. —(1) An extraordinary general meeting of a society may be convened at any time by the committee of management of the society, except that at least 7 clear days’, and in the case of a proposed amendment to by-laws at least 15 clear days’, written notice of the meeting and of the subjects on the agenda for discussion have been sent to each member or delegate (as the case may be) or given as provided in the by-laws. (2) An extraordinary general meeting of a society must be convened by the committee of management on receipt of a requisition for such a meeting signed by at least 20% or 60 of the members or delegates of the society, whichever is the less, stating the objects of the meeting. (3) If the committee of management fails to convene a meeting in accordance with subsection (2) within one month after receiving the requisition for the meeting, the members making the requisition have power to convene the meeting themselves by notice to all members of the society stating the objects of the meeting and the fact that the committee of management has failed to convene the meeting. [3/2018] (4) The Registrar or the Registrar’s representative may at any time convene a special general meeting of a society and may also direct what matters are to be discussed at the meeting.


document_id: csa-1979
provision_ref: s56
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 56
title: Quorum at general meeting
content:
56. —(1) No business may be transacted at any general meeting unless a quorum of members or delegates is present. The quorum necessary for such transaction is 20% or 30 of all members or delegates qualified to vote, whichever is the less. (2) If a quorum is not present within 30 minutes after the time fixed for a general meeting, the members or delegates present form a quorum, except that — ( a ) a general meeting with such reduced quorum does not have the power to amend the by-laws; and ( b ) any resolution passed at the meeting is not valid unless it is passed with a majority of two-thirds of the members or delegates present.


document_id: csa-1979
provision_ref: s57
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 57
title: Voting at general meeting
content:
57. —(1) Subject to this Act or in the by-laws, a question referred to the members or delegates present at a general meeting must be decided by a majority of votes. (2) In the case of an equality of votes, the motion is held to be lost. (3) The chairperson has no casting vote. (4) In the case of election or removal of officers, voting shall be by secret ballot. (5) Where it is provided in this Act or in the by-laws that a resolution is passed by at least a prescribed majority of the members present and voting at a general meeting and where the members consist of individual persons and institutions with different voting powers as laid down in the by-laws, the resolution is deemed to be passed if at least the prescribed majority of the total number of votes at the disposal of the members are cast in favour of the resolution.


document_id: csa-1979
provision_ref: s58
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 58
title: Minutes of general meeting
content:
58. —(1) The committee of management of a society must — ( a ) endorse the minutes of each general meeting of the society within 60 days after the date on which that general meeting is held; and ( b ) after the minutes of any general meeting of the society have been considered and confirmed at an annual general meeting of the society, cause those minutes to be entered in the minute book within 30 days after the date on which that annual general meeting is held. [3/2018] (2) The minutes of the general meeting must contain — ( a ) the number of members and delegates present at the meeting; ( b ) the name of the chairperson who presided at the meeting; ( c ) the time the meeting commenced and ended; and ( d ) all resolutions and decisions made at the meeting. [3/2018] (3) The minutes of each meeting must be read or taken as read if previously circulated at the next meeting and, if confirmed or after amendment, signed by the chairperson of that meeting and the secretary, and when so signed are evidence of anything contained therein.


document_id: csa-1979
provision_ref: s59
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 59
title: Constitution of committee of management of society
content:
59. —(1) Every society must have a committee of management consisting of not less than 5 and not more than 30 individuals (each of whom need not be a member of the society), and the members of the committee of management must — ( a ) include the chairperson, secretary and treasurer, who must be elected by the members of the committee of management from among themselves or by the members of the society at a general meeting; and ( b ) where the society is a credit society, comprise at least a majority of individuals who are independent of the credit society in the manner prescribed. [3/2018] (2) A motion for the election of 2 or more individuals as members of the committee of management by a single resolution at a general meeting must not be made unless a resolution that it be so made has first been agreed to by the meeting without any vote being given against it. [3/2018] (3) A resolution passed pursuant to a motion made in contravention of subsection (2) is void, whether or not its being so moved was objected to at the time. (4) Where a resolution pursuant to a motion made in contravention of subsection (2) is passed, no provision for the automatic re-election of retiring members of the committee of management of the society in default of another election applies. (5) For the purposes of this section, a motion for approving an individual’s election, or for nominating an individual for election, must be treated as a motion for the individual’s election. [3/2018] (6) Where the committee of management of a society appoints an individual as a full time chief executive officer of the society — ( a ) all or any of the duties of the secretary or treasurer, or both, may be delegated to the chief executive officer; and ( b ) where all duties of the secretary or treasurer, or both, are so delegated, then despite subsection (1)( a ), the society may operate without electing a secretary or a treasurer, or both. [3/2018] (7) The offices of secretary and treasurer may be held by one and the same individual but not the other offices. [3/2018] (8) The duties of the chairperson, secretary, treasurer and chief executive officer are as provided in this Act, the Rules and the by‑laws. [3/2018] (9) Subject to this Act and the Rules — ( a ) the nomination of candidates for election to be members of the committee of management of a society; and ( b ) the election, appointment, term of office, suspension or removal of the members of the committee of management of the society, are as provided in the by-laws of the society. (10) If, during the term of office of the committee of management of a society, a vacancy occurs in the committee of management, the committee of management may, and if the number of members falls below 5, must, co-opt an individual (who need not be a member of the society) to serve on the committee of management until the next general meeting of the society. [3/2018] (11) Subject to subsection (1), the by‑laws of a society may provide for the committee of management of the society to appoint, at any time and whether or not there is any vacancy in the committee, up to 2 individuals (each of whom need not be a member of the society) to serve in the committee until the next general meeting of the society. [3/2018] (12) Where an individual’s appointment to the committee of management of a society is made under any by‑laws mentioned in subsection (11), the appointment must be approved by a majority of all of the existing members of the committee. [3/2018]


document_id: csa-1979
provision_ref: s59A
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 59A
title: Registrar may appoint individuals to committee of management
content:
59A. —(1) The Registrar may by order appoint, at any time and whether or not there is any vacancy in the committee of management of a society, up to 2 individuals (each of whom need not be a member of the society) to serve in the committee until the next general meeting of the society. [3/2018] [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The Registrar must, before exercising any power under subsection (1) — ( a ) give to the committee of management of the society 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. [3/2018] (3) The allowances of an individual appointed under subsection (1) to serve in the committee of management of a society must be paid out of the society’s funds. [3/2018] (4) Where the Registrar has exercised the Registrar’s power under subsection (1) to appoint an individual to serve in the committee of management of a society, 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 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] (4A) An order under subsection (4) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (5) The Registrar must, before exercising any power under subsection (4) — ( a ) give the affected individual a reasonable opportunity to show cause why the Registrar should not exercise that power; and ( b ) consider the representations (if any) of that individual. [3/2018] (6) A person aggrieved by any order of the Registrar made under subsection (1) or (4) may, within 2 months after the date of publication of that order in the Gazette , appeal in writing to the Minister, whose decision is final. [3/2018] (7) Unless the Minister directs otherwise in any particular case — ( a ) an appeal under subsection (6) 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] (8) No liability shall lie personally against any 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]


document_id: csa-1979
provision_ref: s59B
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 59B
title: Officers to be appointed for prescribed societies
content:
59B. —(1) The Rules may require a society or a class of societies — ( a ) to appoint a chief executive officer (whether called general manager or otherwise); ( b ) to appoint a chief operating officer; ( c ) to appoint a chief financial officer, or to engage, for the purposes of discharging the functions of a chief financial officer, a person who is chosen by the society and approved by the Registrar in writing; and ( d ) to appoint a chief investment officer. [3/2018] (2) The Rules may prescribe the requirements (such as qualifications, training and experience) for appointment to an office in subsection (1)( a ), ( b ), ( c ) or ( d ), including different requirements for appointment by different societies and different classes of societies. [3/2018]


document_id: csa-1979
provision_ref: s60
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 60
title: Eligibility for membership of committee of management, or to be key employee
content:
60. —(1) An individual is not eligible for membership of the committee of management of a society, to be a key employee of a credit society, or to remain a member of the committee of management of a society or a key employee of a credit society — ( a ) if the individual is below — (i) 12 years of age, in the case of a school co‑operative society; or (ii) 18 years of age, in any other case; ( b ) except with the Registrar’s written approval, if the individual is not — (i) a citizen of Singapore; or (ii) subject to subsection (2), resident in Singapore; ( c ) if the individual is an undischarged bankrupt (whether he or she was adjudicated bankrupt by a Singapore court or a foreign court having jurisdiction in bankruptcy); ( d ) if the individual has been convicted of an offence under this Act; ( e ) if the individual has been dismissed as an employee of a society; or ( f ) except with the Registrar’s written approval, if the individual has previously been removed by the Registrar from the committee of management of any society, or suspended by the Registrar, under section 94(1) or 94A(1). [3/2018] (2) For the purposes of subsection (1)( b )(ii), the Registrar may, by written directions, stipulate the number or proportion of individuals resident in Singapore who are eligible for membership of the committee of management of any society or class of societies, as the case may be. [3/2018] (3) Where an individual has been convicted, whether in Singapore or elsewhere, of any offence (not being an offence under this Act) involving fraud or dishonesty, the individual is not eligible to be, or remain, a member of the committee of management of a non‑credit society for the following periods except with the Registrar’s written approval: ( a ) where the individual has been sentenced to imprisonment in respect of the offence, for a period starting on the date of the individual’s conviction until 5 years after his or her release from prison; or ( b ) where the individual has not been sentenced to imprisonment in respect of the offence, for a period of 5 years starting on the date of the individual’s conviction or such shorter period with the permission of the General Division of the High Court. [3/2018; 40/2019] [Act 25 of 2021 wef 01/04/2022] (4) An individual is not eligible to be, or remain, a key employee of a credit society or a member of the committee of management of a credit society, except with the Registrar’s written approval, where the individual has been convicted, whether in Singapore or elsewhere, of any offence (not being an offence under this Act) involving fraud or dishonesty. [3/2018] (5) Where a society is required by the Rules to appoint a chief executive officer, a chief operating officer, a chief financial officer or a chief investment officer — ( a ) except with the Registrar’s written approval, an individual is not eligible to be, or to remain as, the chief executive officer, chief operating officer, chief financial officer or chief investment officer (as the case may be) for the society, if the individual does not satisfy the requirements under section 59B for that office; and ( b ) the society does not incur any liability for breach of contract by reason only of terminating the contract of service between the society and the individual on the ground that the individual is not eligible to be, or to remain as, the chief executive officer, chief operating officer, chief financial officer or chief investment officer (as the case may be) for the society. [3/2018] (6) Despite subsection (5), for a period of 3 years starting on 1 November 2019, that subsection does not apply — ( a ) to a chief executive officer, chief operating officer, chief financial officer or chief investment officer who — (i) is appointed before 1 November 2019 by a society; and (ii) is holding that office immediately before 1 November 2019; or ( b ) to a society the chief executive officer, chief operating officer, chief financial officer or chief investment officer of which — (i) is appointed before 1 November 2019 by the society; and (ii) is holding that office immediately before 1 November 2019. [3/2018] (7) Except with the Registrar’s written approval, an individual is not eligible to be re‑elected or co‑opted as a member of the committee of management of a credit society, if the individual fails to complete such training, or comply with such other requirements, as may be specified in the Rules within such time as may be specified in the Rules. [3/2018]


document_id: csa-1979
provision_ref: s61
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 61
title: Functions of committee of management
content:
61. —(1) The committee of management is to represent the society before all competent public authorities and in all dealings and transactions with third persons, with power to institute or defend suits brought in the name of or against the society and, in general, direct and supervise the business and property of the society and may exercise all the necessary powers to ensure the full and proper administration and management of the affairs of the society, except those powers reserved for the general meeting of members and subject to any restrictions duly laid down in a general meeting or in the by‑laws. (2) Without limiting subsection (1), the functions of the committee of management are — ( a ) to consider and approve or reject applications for membership of the society; ( b ) to call for and regularly examine reports from persons employed by the society which will disclose the true position of the society, its operations and financial conditions; ( c ) to appoint sub-committees; ( d ) to keep members informed of the progress of the society and encourage interest and a sense of ownership on the part of the members; ( e ) to present to the annual general meeting of the society an annual report on the activities of the society during the preceding financial year, together with the audited financial statements of the society and the auditor’s report for that year, and such other documents as the Registrar may direct; ( f ) to prepare and present to the annual general meeting of the society a proposal for the distribution of any net surplus accrued during the preceding financial year, in accordance with this Act and the by-laws; ( fa ) to prepare and present to the annual general meeting of the society any proposal for the distribution of dividends or payment of honoraria from any reserves for which the approval of the Registrar under section 72A has been obtained; [Act 17 of 2024 wef 18/07/2024] ( g ) to make a report to the annual general meeting of the work of the committee of management during the preceding financial year with such recommendations as it considers necessary to maintain or improve the services provided by the society to its members; and ( h ) to consider and take immediate action on matters reported by the Registrar, the audit committee or the auditor. [3/2018] (3) A full and correct record must be kept of all proceedings of the committee of management in carrying out its duties, and the records must be available for inspection by the Registrar and by the auditor. (4) The committee of management may appoint, on such terms and conditions as it thinks fit, a chief executive officer to administer and manage the affairs of the society and may employ such other persons as the committee considers necessary to assist the chief executive officer in the discharge of the chief executive officer’s duties. [3/2018]


document_id: csa-1979
provision_ref: s62
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 62
title: Meetings of committee of management
content:
62. —(1) The committee of management must meet as often as the business of the society may require and in any case not less frequently than once in every 3 months. (2) The quorum for a meeting of the committee of management is half of the number of its members. (3) Decisions must be taken on a simple majority of votes and the chairperson has no casting vote. (4) Minutes of every meeting of the committee of management must be recorded by the secretary in the minute book within 60 days after the date on which the meeting is held, and must include — ( a ) the number and names of those present; ( b ) the name of the chairperson of the meeting; and ( c ) a brief record of business done and decisions taken including whether each decision was taken unanimously or by a majority. [3/2018]


document_id: csa-1979
provision_ref: s63
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 63
title: Liability of members of committee of management of society
content:
63. —(1) A member of the committee of management of a society must at all times act honestly and use reasonable diligence in the discharge of the duties of the member’s office. (2) Subject to subsection (3), a member of the committee of management of a society may, when exercising powers or performing duties as such a member, rely on reports, statements, financial data and other information prepared or supplied, and on professional or expert advice given, by any of the following persons: ( a ) an employee of the society whom the member believes on reasonable grounds to be reliable and competent in relation to the matters concerned; ( b ) a professional adviser or an expert in relation to matters which the member believes on reasonable grounds to be within the person’s professional or expert competence; ( c ) any other member, or any committee of such members on which the member concerned did not serve, in relation to matters within that other member’s or committee’s designated authority. (3) Subsection (2) applies to a member of the committee of management of a society if, and only if, the member — ( a ) acts in good faith; ( b ) makes proper inquiry where the need for inquiry is indicated by the circumstances; and ( c ) has no knowledge that such reliance is unwarranted. (4) An officer or agent of a society must not make improper use of either of the following to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to cause detriment to the society: ( a ) his or her position as an officer or agent of the society; ( b ) any information acquired by virtue of that position. [3/2018] (5) Any member of the committee of management of a society who contravenes subsection (1), or any officer or agent of a society who contravenes subsection (4) — ( a ) is liable to the society for any profit made by the member, officer or agent (as the case may be) or for any damage suffered by the society as a result of such contravention; and ( b ) shall be guilty of an offence and liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (6) Where the committee of management of a society has appointed a person as a chief executive officer to administer and manage the affairs of the society, the appointment does not absolve the committee of management from its responsibility for the proper direction of the affairs of the society. [3/2018] (7) In this section, unless the context otherwise requires — “agent”, in relation to a society, includes a banker, a solicitor or an auditor of the society and any person who at any time has been a banker, a solicitor or an auditor of the society; “officer”, in relation to a society, includes a person who at any time has been an officer of the society. (8) This section is in addition to and not in derogation of any other written law or rule of law relating to the duty or liability of officers of a society.


document_id: csa-1979
provision_ref: s64
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 64
title: Disclosure of interests in transactions, property, offices, etc.
content:
64. —(1) Subject to this section, every member of the committee of management of a society who is in any way, whether directly or indirectly, interested in a transaction or proposed transaction with the society must as soon as practicable after the relevant facts have come to the member’s knowledge declare the nature of the member’s interest at a meeting of the committee of management of the society. (2) The requirements of subsection (1) do not apply — ( a ) in any case where the interest of the member of the committee of management of the society consists only of being a member or creditor of a corporation which is interested in a transaction or proposed transaction with the society if the interest of the member of the committee of management may properly be regarded as not being a material interest; or ( b ) in such other cases as the Minister may prescribe. (3) For the purposes of subsection (1), a general notice given to the members of the committee of management of a society by a member of the committee of management to the effect that the member is an officer of a specified corporation or a member of a specified firm or a partner or an officer of a specified limited liability partnership and is to be regarded as interested in any transaction which may, after the date of the notice, be made with that corporation, firm or limited liability partnership is deemed to be a sufficient declaration of interest in relation to any transaction so made if — ( a ) it specifies the nature and extent of the member’s interest in the specified corporation, firm or limited liability partnership; ( b ) the member’s interest is not different in nature or greater in extent than the nature and extent so specified in the general notice at the time any transaction is so made; and ( c ) it is given at a meeting of the committee of management or the member of the committee of management takes reasonable steps to ensure that it is brought up and read at the next meeting of the committee of management after it is given. (4) Every member of the committee of management of a society who holds any office or possesses any property whereby, whether directly or indirectly, duties or interests might be created in conflict with the member’s duties or interests as member of the committee of management must declare at a meeting of the committee of management of the society the fact and the nature, character and extent of the conflict. (5) The declaration referred to in subsection (4) must be made at the first meeting of the committee of management held — ( a ) after the member becomes a member of the committee of management; or ( b ) if the member is already a member of the committee of management, then after the member commenced to hold the office or to possess the property referred to in that subsection, as the case requires. (6) The secretary of the society must record every declaration under this section in the minutes of the meeting at which it was made. (7) For the purposes of this section, an interest of a member of the family of a member of the committee of management of a society is treated as an interest of the member of the committee of management and the words “member of the family of a member of the committee of management of a society” include the member’s spouse, son, adopted son, stepson, daughter, adopted daughter and stepdaughter. (8) This section is in addition to and not in derogation of the operation of any rule of law or any provision in the by-laws restricting a member of the committee of management of a society from having any interest in transactions with the society or from holding offices or possessing properties involving duties or interests in conflict with the member’s duties or interests as a member of the committee of management of the society. (9) In this section, unless the context otherwise requires — “corporation” means any body corporate incorporated, formed or existing in Singapore or elsewhere and includes any foreign company within the meaning of section 4(1) of the Companies Act 1967; “officer” — ( a ) in relation to a corporation, has the meaning given by section 4(1) of the Companies Act 1967; and ( b ) in relation to a limited liability partnership, has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005. (10) Any member of the committee of management of a society who contravenes any provision of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: csa-1979
provision_ref: s65
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 65
title: Restrictions relating to honoraria, etc., of members of committee of management and employees
content:
65. —(1) A member of the committee of management of a society, not being an employee of the society, may receive an honorarium or allowance, or both, and other benefits from the society if, and only if, the payment of such honorarium or allowance, or both, and the provision of any such benefits have been authorised by a resolution to that effect passed by a general meeting of the society. [Act 17 of 2024 wef 18/07/2024] (2) An employee of a society must not decide his or her own remuneration.


document_id: csa-1979
provision_ref: s65A
chapter: PART 5 - ORGANISATION AND MANAGEMENT OF SOCIETIES
section: 65A
title: Suspension of officers
content:
65A. —(1) Despite any other written law, if any proceedings are instituted against a member of the committee of management, or a key employee, of a credit society in respect of any offence involving fraud or dishonesty, the committee of management must suspend the member or key employee from being a member of the committee of management or key employee of the credit society, respectively. (2) Despite any other written law, if any proceedings are instituted against a member of the committee of management of a non-credit society in respect of any offence involving fraud or dishonesty, the Registrar may issue a written direction to require the society to suspend the member from being a member of the committee of management within such period, and on such terms and conditions, as may be specified in the written direction. (3) A non-credit society that is, or a member of the committee of management of a non-credit society who is, aggrieved by the written direction issued by the Registrar under subsection (2) requiring the non-credit society to suspend the member may, within 30 days after the issue of the written direction, appeal to the Minister whose decision is final. [3/2018] (4) Every member of the committee of management of a credit society which has contravened 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. (5) No criminal or civil liability shall be incurred by a society or its committee of management, or any person acting on behalf of the society or the committee of management of the society, in respect of anything done or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the society or the committee of management of the society under this section.


document_id: csa-1979
provision_ref: s66
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 66
title: Capital
content:
66. The capital of a society may be raised by all or any of the following means: ( a ) entrance fees which are not refundable except in cases where an application for membership has been rejected; ( b ) ordinary shares subscribed and paid up by members; ( c ) permanent shares subscribed and paid up by institutional members; ( d ) in the case of credit societies — (i) subscription capital; and (ii) other deposits from members which are withdrawable subject to conditions laid down in the by‑laws; ( da ) bonds or debentures issued by the society subject to such restrictions as are laid down in this Act and in the by-laws; [Act 17 of 2024 wef 18/07/2024] ( e ) deposits or loans from non-members subject to such restrictions as are laid down in this Act and in the by‑laws; ( f ) donations made by third persons except that no donations from any foreign source, whether offered directly or otherwise, may be received by a society without the Registrar’s prior approval. [Act 17 of 2024 wef 18/07/2024]


document_id: csa-1979
provision_ref: s66A
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 66A
title: Ordinary shares
content:
66A. —(1) A society may issue ordinary shares. [3/2018] (2) A member of a society must hold the minimum number of ordinary shares of the society specified in the by‑laws of the society. [3/2018] (3) The member may withdraw or transfer the ordinary shares which the member is required to hold under subsection (2) only when the member ceases to be a member of the society. [3/2018] (4) Where a member of a society holds ordinary shares of the society in excess of the minimum number the member is required to hold under subsection (2), the member may withdraw or transfer the excess shares in accordance with this Act and the by‑laws of the society. [3/2018]


document_id: csa-1979
provision_ref: s66B
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 66B
title: Permanent shares
content:
66B. —(1) A society may issue permanent shares only to an institutional member. [3/2018] (2) An institutional member of a society must obtain the Registrar’s written approval to be entitled to subscribe, in accordance with the by‑laws of the society, for permanent shares issued by the society, if the institutional member is a credit society. [3/2018] (3) A permanent share issued by a society to an institutional member of the society — ( a ) cannot be withdrawn by that institutional member, and cannot be converted to an ordinary share; but ( b ) may, with the approval of the committee of management of the society and in accordance with this Act and the by‑laws of the society, be transferred by that institutional member to another institutional member of the society. [3/2018] (4) A society — ( a ) may, with the Registrar’s written approval, buy back a permanent share issued by the society under this section; but ( b ) cannot be required to buy back that share. [3/2018] (5) A society that buys back a permanent share issued by the society under this section may — ( a ) hold that share; ( b ) with the approval of the committee of management of the society and in accordance with this Act and the by‑laws of the society, transfer that share to an institutional member of the society; or ( c ) cancel that share. [3/2018]


document_id: csa-1979
provision_ref: s67
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 67
title: Restrictions on loans
content:
67. —(1) Subject to subsection (2), a credit society must not make a loan or allow any credit to any person other than — ( a ) a member of the credit society or the member’s immediate family member; ( b ) an employee of the credit society; or ( c ) another society that is not a member of the credit society, with the Registrar’s written approval. (2) For the purposes of subsection (1), a credit society may make loans or allow credit to persons who are not members of the credit society only to such extent and under such conditions as may be prescribed by its by-laws. (3) In this section, “immediate family member” has such meaning as may be prescribed.


document_id: csa-1979
provision_ref: s68
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 68
title: Restrictions on borrowing
content:
68. —(1) A society may receive loans from persons who are not members of the society only to such extent and under such conditions as may be prescribed by its by-laws and in the Rules. (2) A credit society must not receive any deposit from any person other than a member of the credit society, or the member’s immediate family member to such extent and under such conditions as may be prescribed by its by-laws. (3) A society which, under its by-laws, has power to borrow money is to determine from time to time at a general meeting — ( a ) the maximum liability which it may incur in loans from non-members; and ( b ) where the society is a credit society, the maximum liability which it may incur in loans or deposits from its members and their immediate family members. (4) Where the society is a credit society — ( a ) the maximum liability determined under subsection (3)( a ) is subject to the Registrar’s approval; and ( b ) the Registrar may, at any time, reduce either or both of the maximum liabilities determined under subsection (3)( a ) and ( b ) or impose such conditions (for either or both of those maximum liabilities) as the Registrar thinks necessary. [3/2018] (5) The Registrar must, before reducing either or both of the maximum liabilities determined under subsection (3)( a ) and ( b ) or imposing any condition, give the credit 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 Registrar should not reduce the maximum liabilities or impose the condition, as the case may be. [3/2018] (6) The Registrar must issue the credit society a written notice of the Registrar’s decision whether to reduce either or both of the maximum liabilities determined under subsection (3)( a ) and ( b ) or to impose any condition. [3/2018] (7) Where the Registrar decides to reduce either or both of the maximum liabilities determined under subsection (3)( a ) and ( b ) or to impose any condition, the written notice in subsection (6) must specify a date at least 14 days after the date of the notice upon which the Registrar’s decision or condition is to take effect. [3/2018] (8) A credit society which is aggrieved by the Registrar’s decision under subsection (6) may, within 14 days after the date of 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] (9) If the credit society appeals to the Minister under subsection (8), 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] (10) In this section, unless the context otherwise requires — “immediate family member” has such meaning as may be prescribed; “loan”, in relation to a society, means — ( a ) the granting of an advance and other facility by a person to the society whereby the society has access to funds or financial guarantees; or ( b ) the incurring by the person of other liabilities on behalf of the society.


document_id: csa-1979
provision_ref: s69
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 69
title: Investment of funds
content:
69. —(1) A society may invest or deposit its funds in such manner as it thinks fit. (2) Despite subsection (1), a credit society must invest or deposit its funds in accordance with any restrictions on investment contained in written directions issued by the Registrar. [3/2018] (3) Despite section 63, any person who exercises any power of investment in relation to the funds of a society pursuant to subsection (1) or (2) is, when exercising such power of investment, subject to the same duty of care imposed on a trustee under section 3A of the Trustees Act 1967. [3/2018] 70. [ Repealed by Act 23 of 2008 ]


document_id: csa-1979
provision_ref: s71
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 71
title: Contributions to Central Co-operative Fund and Singapore Labour Foundation
content:
71. —(1) A fund called the Central Co‑operative Fund is established, which is to be used to further co‑operative education, training, research, audit and for the general development of the co-operative movement in Singapore. (2) Every society must contribute — ( a ) 5% (or such other rate as may be prescribed in substitution) of the first $500,000 of the surplus resulting from the operations of the society during the preceding financial year (excluding any amount specified in subsection (2A) and any grant from the Government excluded under subsection (2B)) to the Central Co-operative Fund; and [Act 17 of 2024 wef 18/07/2024] ( b ) 20% (or such other rate as may be prescribed in substitution) of any surplus in excess of $500,000 from the operations of the society during the preceding financial year (excluding any amount specified in subsection (2A) and any grant from the Government excluded under subsection (2B)) either to the Central Co-operative Fund or to the Singapore Labour Foundation as the society may opt. [3/2018] [Act 17 of 2024 wef 18/07/2024] (2A) In subsection (2), any gains or profits arising from the disposal of any of the following are excluded from the surplus of a society: ( a ) immovable property owned by the society and used by the society for its own operations; ( b ) shares (whether listed or unlisted) in any entity held by the society. [Act 17 of 2024 wef 18/07/2024] (2B) In subsection (2), the Minister may, by order in the Gazette and subject to any conditions specified in the order, exclude any grant from the Government from the surplus of a society. [Act 17 of 2024 wef 18/07/2024] (3) A society is deemed to have opted to contribute to the Central Co‑operative Fund under subsection (2)( b ) if that society does not exercise its option within such time and in such manner as the Registrar may require. (4) A society may from time to time change its option in respect of its contribution under subsection (2)( b ) by notifying the Registrar in such manner as the Registrar may require and the change in option applies to the contribution of the society for the financial year in which falls the second anniversary of the date on which the Registrar was notified under this subsection and to all contributions of the society thereafter until the society again changes its option. (5) The Central Co-operative Fund must be administered as a trust fund in such manner as the Minister may prescribe in the Rules. (6) The Minister may, by order in the Gazette and subject to such conditions as the Minister may specify in the order, remit or refund, wholly or in part, any contribution mentioned in subsection (2)( a ) or ( b ) paid or payable by a particular society or a particular class of societies. [3/2018]


document_id: csa-1979
provision_ref: s72
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 72
title: Distribution of net surplus
content:
72. —(1) The net surplus may be divided among the members by way of dividend or patronage refund or by way of honoraria to officers of the society, or allocated to any other funds constituted by the society to such extent and under such conditions as may be prescribed under this Act or in the by-laws. (2) A society must not pay a dividend (or total dividend under this section and section 72A) on paid‑up share capital or subscription capital exceeding — ( a ) in any case where that society is a credit society that does not meet any prudential requirement contained in written directions issued by the Registrar — a maximum rate specified in written directions issued by the Registrar to that society; or ( b ) in any other case — a maximum rate prescribed in the Rules. [3/2018] [Act 17 of 2024 wef 18/07/2024]


document_id: csa-1979
provision_ref: s72A
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 72A
title: Allocation, distribution and payment of reserves
content:
72A. —(1) Subject to this Act, any conditions prescribed in the by-laws and any written direction by the Registrar, a society may allocate its reserves (or any part of the reserves) to funds constituted by the society, and may change the amount of the reserves allocated to any fund from time to time. (2) Subject to subsection (3), the reserves (or any part of the reserves) may be distributed to the members by way of dividend or paid to officers of the society by way of honoraria, to such extent and under such conditions as may be prescribed under this Act or in the by-laws. (3) A committee of management proposing to make a distribution or payment under subsection (2) must obtain the Registrar’s approval for the distribution or payment before the annual general meeting of the society is held to consider and resolve the making of the distribution or payment. [Act 17 of 2024 wef 18/07/2024]


document_id: csa-1979
provision_ref: s73
chapter: PART 6 - PROPERTY AND FUNDS OF SOCIETIES
section: 73
title: Bonus certificates and bonus shares
content:
73. —(1) A society may distribute a part of its net surplus among its members in the form of bonus certificates or bonus shares. (2) A society may distribute in the form of a bonus certificate only a part of its net surplus payable under ordinary shares. [3/2018] (3) In the case of bonus certificates, the members holding the certificates are only entitled to claim payment out of the society’s funds 5 years after the date when the bonus certificates were issued. [3/2018] (4) No interest or dividend may be paid on the bonus certificates. [3/2018] (5) Where a society distributes a part of its net surplus payable under ordinary shares in the form of a bonus share — ( a ) the bonus share is to take the form of an ordinary share; but ( b ) a member is entitled to withdraw or transfer a bonus share only 10 years after the date when the bonus share was issued. [3/2018] (6) Where a society distributes a part of its net surplus payable under permanent shares in the form of a bonus share issued to an institutional member — ( a ) the bonus share is to take the form of a permanent share; and ( b ) the bonus share — (i) cannot be withdrawn by that institutional member, and cannot be converted to an ordinary share; but (ii) may, with the approval of the committee of management of the society and in accordance with this Act and the by‑laws of the society, be transferred by that institutional member to another institutional member of the society. [3/2018] (7) Despite subsections (3) and (5), a member of a society who is a foreign worker is eligible to receive from the society the value of the member’s bonus certificate or bonus share if — ( a ) the member ceases employment in Singapore for any reason, including the completion of the member’s contract of service; and ( b ) the committee of management of the society is satisfied that the member — (i) has left or will soon leave Singapore permanently; and (ii) has no intention to resume employment in Singapore. [3/2018] [Act 17 of 2024 wef 18/07/2024] (7A) Despite subsections (3) and (5), a person who is authorised to administer the property of a member is eligible to receive from the society the value of the member’s bonus certificate or bonus share if the member is — ( a ) dead; ( b ) bankrupt; ( c ) a society for which a winding up order has been made under section 83(1) or (2); or ( d ) a trade union that has been dissolved under section 19 of the Trade Unions Act 1940. [Act 17 of 2024 wef 18/07/2024] (8) In this section — “foreign worker” means an individual who is employed in Singapore but is neither a citizen nor a permanent resident of Singapore; “member” includes a person who has resigned as a member. [3/2018]


document_id: csa-1979
provision_ref: s74
chapter: PART 7 - AMALGAMATION AND TRANSFER
section: 74
title: Amalgamation of societies
content:
74. —(1) Any 2 or more societies may, at extraordinary general meetings specially called for the purpose after due notice, resolve to amalgamate into one society. (2) The resolution to amalgamate into one society must be passed at the extraordinary general meetings by at least three‑quarters of the members present and voting. (3) Whenever an amalgamation involves the transfer of liabilities by one society to another society, 3 months’ notice of the amalgamation must be given to all creditors of the amalgamating societies. (4) Creditors of any of the amalgamating societies are entitled to a refund of any sum due to them if they make a written demand to this effect at least one month before the date fixed for the amalgamation, but if the amalgamating societies can obtain the prior agreement in writing of at least three‑quarters in value of the creditors not to make a demand for such a refund, then, in that event, the agreement is binding on all the creditors. (5) A member of the amalgamating societies may, despite any by‑law to the contrary, by written notice given to the member’s society at least one month before the date specified as the date of amalgamation declare the member’s intention not to become a member of the amalgamated society. (6) If the Registrar is satisfied that — ( a ) the proposed amalgamation is not against the interests of the members of the societies proposing the amalgamation; ( b ) the matters specified in section 9(1)( a ), ( b ) and ( c ) and, where the proposed amalgamated society proposes to provide any financial service, the matters specified in section 9(3)( a ) to ( f ), are met; and ( c ) all requirements laid down in subsections (1), (2) and (3) have been complied with, the Registrar must register the amalgamated society and its by‑laws, upon which — ( d ) the registration of all the amalgamating societies is cancelled, and the amalgamating societies are dissolved; ( e ) the registration of the amalgamated society is a sufficient conveyance to vest the assets and liabilities of the amalgamating societies in the amalgamated society; ( f ) the remaining members of the amalgamating societies become members of the amalgamated society subject to its by‑laws; and ( g ) the creditors of the amalgamating societies or any other persons who have claims against the amalgamating societies, and whose claims were not satisfied before the registration of the amalgamated society may pursue their claims or causes of action against the amalgamated society.


document_id: csa-1979
provision_ref: s75
chapter: PART 7 - AMALGAMATION AND TRANSFER
section: 75
title: Transfer of societies
content:
75. —(1) A society may at any extraordinary general meeting specially called for the purpose after due notice, resolve to transfer its assets and liabilities to another society which is prepared to accept them (called in this Act the receiving society). (2) The resolution to transfer the assets and liabilities to a receiving society has to be passed at the extraordinary general meeting of the transferring society by not less than 75% of the members present and voting. (3) Wherever the transfer of assets and liabilities involves the transfer of liabilities by the transferring society to the receiving society, 3 months’ notice of the transfer must be given to all creditors of the transferring society. (4) Creditors of the transferring society are entitled to a refund of any sum due to them if they make a written demand to this effect at least one month before the date fixed for the transfer. (5) A member of the transferring society may, despite any by-law to the contrary, by written notice given to the member’s society at least one month before the date specified as the date of transfer declare the member’s intention not to become a member of the receiving society. (6) Where the Registrar is satisfied that — ( a ) the proposed transfer is not against the interests of members of the transferring society; and ( b ) all requirements laid down in subsections (1), (2) and (3) are complied with, the Registrar may approve the transfer, upon which — ( c ) the registration of the transferring society is cancelled and the transferring society is dissolved; ( d ) the approved resolution in accordance with subsection (2) is a sufficient conveyance to vest the assets and liabilities of the transferring society in the receiving society; ( e ) the remaining members of the transferring society become members of the receiving society, subject to its by‑laws; and ( f ) the creditors of the transferring society or any other person, who have claims against the transferring society and whose claims were not satisfied before the approval of transfer by the Registrar, may pursue their claims or course of action against the receiving society.


document_id: csa-1979
provision_ref: s77
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 77
title: Power to inspect materials, etc.
content:
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] 78. [ Repealed by Act 23 of 2008 ]


document_id: csa-1979
provision_ref: s79
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 79
title: Inquiry by Registrar
content:
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.


document_id: csa-1979
provision_ref: s80
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 80
title: Examination of materials of indebted society on creditor’s application
content:
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]


document_id: csa-1979
provision_ref: s81
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 81
title: Communication of findings on working of societies
content:
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]


document_id: csa-1979
provision_ref: s82
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 82
title: Costs of special audit, inquiry and examination
content:
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.


