Comparison View

Formal Consolidation |  2020 RevEd
Surcharge and attachment
90.—(1)  The Registrar may, on the Registrar’s own motion, or on the application of the liquidator, or any creditor or member, of a society —
(a)examine the conduct of a person who —
(i)has taken part in the organisation and management of the society, or is a past or present officer of the society; and
(ii)appears, from the course of any relevant proceeding —
(A)to have misapplied, retained or become liable or accountable for any money or property of the society; or
(B)to be guilty of misfeasance or breach of trust in relation to the society; and
(b)make an order requiring that person —
(i)to repay or restore the whole or any part of the money or property, with interest at such rate as the Registrar thinks just; or
(ii)to contribute such sum to the assets of the society by way of compensation for any matter mentioned in paragraph (a)(ii)(A) or (B).
[3/2018]
(2)  An order of the Registrar made under subsection (1) is enforceable in the same manner as a judgment of a District Court.
[3/2018]
(3)  This section applies even if the act is one for which the offender may be criminally responsible.
(4)  Where the Registrar is satisfied that a person with intent to delay the execution of any order or award which may be made against the person under subsection (1) and section 85 —
(a)is about to dispose of the whole or any part of the person’s property; or
(b)is about to remove the whole or any part of the person’s property out of Singapore,
the Registrar may, unless adequate security is furnished, direct the interim attachment of that property or such part thereof as the Registrar thinks necessary and the attachment has the same effect as if it has been made by a District Court.
(5)  A person aggrieved by an order of the Registrar made under subsection (1) or (4) may appeal to the Minister within 2 months after the date of the order and the decision of the Minister is final and conclusive.
[3/2018]
(6)  In this section, “relevant proceeding” means —
(a)an audit of a society held under this Act (including a special audit under section 33A);
(b)an inquiry held under section 79;
(c)an examination of materials under section 80; or
(d)the winding up of a society.
[3/2018]
Informal Consolidation | Amended Act 25 of 2021
Surcharge and attachment
90.—(1)  The Registrar may, on the Registrar’s own motion, or on the application of the liquidator, or any creditor or member, of a society —
(a)examine the conduct of a person who —
(i)has taken part in the organisation and management of the society, or is a past or present officer of the society; and
(ii)appears, from the course of any relevant proceeding —
(A)to have misapplied, retained or become liable or accountable for any money or property of the society; or
(B)to be guilty of misfeasance or breach of trust in relation to the society; and
(b)make an order requiring that person —
(i)to repay or restore the whole or any part of the money or property, with interest at such rate as the Registrar thinks just; or
(ii)to contribute such sum to the assets of the society by way of compensation for any matter mentioned in paragraph (a)(ii)(A) or (B).
[3/2018]
(2)  An order of the Registrar made under subsection (1) is enforceable in the same manner as a judgment of a District Court.
[3/2018]
(3)  This section applies even if the act is one for which the offender may be criminally responsible.
(4)  Where the Registrar is satisfied that a person with intent to delay the execution or enforcement of any order or award which may be made against the person under subsection (1) and section 85 —
(a)is about to dispose of the whole or any part of the person’s property; or
(b)is about to remove the whole or any part of the person’s property out of Singapore,
the Registrar may, unless adequate security is furnished, direct the interim attachment of that property or such part thereof as the Registrar thinks necessary and the attachment has the same effect as if it has been made by a District Court.
[Act 25 of 2021 wef 01/04/2022]
(5)  A person aggrieved by an order of the Registrar made under subsection (1) or (4) may appeal to the Minister within 2 months after the date of the order and the decision of the Minister is final and conclusive.
[3/2018]
(6)  In this section, “relevant proceeding” means —
(a)an audit of a society held under this Act (including a special audit under section 33A);
(b)an inquiry held under section 79;
(c)an examination of materials under section 80; or
(d)the winding up of a society.
[3/2018]