Comparison View

Formal Consolidation |  2009 RevEd
Dissolution of societies
83.—(1)  If the Registrar, after holding an inquiry under section 79 or after making an examination under section 80 or on receipt of an application made by 75% of the members of a society present and voting at an extraordinary general meeting convened for the purpose, is of the opinion that the society ought to be wound up, he may issue an order directing it to be wound up.
(2)  The Registrar may, of his own motion, make a winding-up order in respect of a society —
(a)which has ceased working;
(b)the membership of which is reduced to less than the minimum membership prescribed in section 5;
(c)which has failed, for 2 or more consecutive years, to comply with the requirements of this Act with respect to the holding of annual general meetings or the submission of audited financial statements of the society; or
(d)which provides any financial service in contravention of section 16A(1) or 16B(1).
[23/2008]
(3)  No society shall be wound up except by an order of the Registrar.
(4)  A member of a society may, within 2 months from the date of a winding-up order under subsection (1) or (2), appeal in writing against the order to the Minister and the decision of the Minister shall be final.
(5)  When making a winding-up order under subsection (1) or (2), the Registrar may appoint a liquidator for this purpose and fix his remuneration.
(6)  A liquidator shall not wind up a society until any appeal instituted under subsection (4) has been determined or until 2 months have elapsed from the date of the winding-up order, as the case may be.
Informal Consolidation | Amended Act 3 of 2018
Dissolution of societies
83.—(1)  If the Registrar, after holding an inquiry under section 79 or after making an examination under section 80 or on receipt of an application made by 75% of the members of a society present and voting at an extraordinary general meeting convened for the purpose, is of the opinion that the society ought to be wound up, he may issue an order directing it to be wound up.
(2)  The Registrar may, on the Registrar’s own initiative, issue an order directing a society to be wound up, if the Registrar is satisfied that —
(a)the society has ceased working;
(b)the membership of the society is reduced —
(i)in the case of a primary society, to less than 5 persons (each of whom qualifies for membership under section 39); or
(ii)in the case of a secondary society, to less than 2 persons, each being a society or a trade union;
(c)the society has breached any of its terms and conditions of registration mentioned in section 9(1C)(a) or varied or added under section 9A;
(d)the society has contravened section 16A(1) or 16B(1);
(e)the society has (whether before, on or after the date of commencement of section 49(a) of the Co‑operative Societies (Amendment) Act 2018) failed, for 2 or more consecutive years, to comply with section 34(1);
(f)the society has failed, for 2 or more consecutive years, to comply with section 53(1);
(g)the by‑laws of the society are insufficient, or are no longer sufficient, to provide for the proper administration and management of the society;
(h)the society is or has been used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore;
(i)it would be contrary to the national security or interest for the society to continue to be registered;
(j)the society —
(i)is unable to meet its obligations, is insolvent, or suspends payments to its members or creditors; or
(ii)informs the Registrar that it is or is likely to become insolvent, or to be unable to meet its obligations, or that it has suspended or is about to suspend payments to its members or creditors;
(k)the society does not have any officer who is capable of doing both of the following:
(i)directing and managing the affairs of the society;
(ii)keeping the records and accounts of the society; or
(l)it is not in the interests of the members of the society for the society to continue its operations.
[Act 3 of 2018 wef 10/04/2018]
(3)  No society shall be wound up except by an order of the Registrar.
(4)  A member of a society may, within 2 months after the date of a winding-up order under subsection (1) or (2), appeal in writing against the order to the Minister and the decision of the Minister shall be final.
[Act 3 of 2018 wef 10/04/2018]
(5)  When making a winding-up order under subsection (1) or (2), the Registrar may appoint a liquidator for this purpose and fix his remuneration.
(6)  A liquidator shall not wind up a society until any appeal instituted under subsection (4) has been determined or until 2 months after the date of the winding-up order, as the case may be.
[Act 3 of 2018 wef 10/04/2018]