10. The principal Regulations are amended by inserting, immediately after the Fourth Schedule, the following Schedule:Governance Evaluation Checklist for a charity which is not an institution of a public character and whose gross receipts, or the total expenditure if higher, in each of the 2 financial years preceding the current financial year, is equal to or more than $50,000. | | | Response (select whichever is applicable) |
| Explanation (if Code guideline is not complied with) |
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| | | Induction and orientation are provided to incoming governing board members upon joining the Board. |
| | | | | Are there governing board members holding staff1 appointments? (skip items 2 and 3 if “No”) |
| | | | | Staff does not chair the Board and does not comprise more than one‑third of the Board. |
| | | | | There are written job descriptions for the staff’s executive functions and operational duties, which are distinct from the staff’s Board role. |
| | | | | The Treasurer of the charity (or any person holding an equivalent position in the charity, e.g. Finance Committee Chairman or a governing board member responsible for overseeing the finances of the charity) can only serve a maximum of 4 consecutive years. |
If the charity has not appointed any governing board member to oversee its finances, it will be presumed that the Chairman oversees the finances of the charity. |
| | | | | All governing board members must submit themselves for re‑nomination and re‑appointment, at least once every 3 years. |
| | | | | There are documented terms of reference for the Board and each of its committees. |
| | | | | | | There are documented procedures for governing board members and staff to declare actual or potential conflicts of interest to the Board at the earliest opportunity. |
| | | | | Governing board members do not vote or participate in decision‑making on matters where they have a conflict of interest. |
| | | | | Human Resource and Volunteer2 Management |
| | The Board approves documented human resource policies for staff. |
| | | | | Financial Management and Internal Controls |
| | There is a documented policy to seek the Board’s approval for any loans, donations, grants or financial assistance provided by the charity which are not part of the charity’s core charitable programmes. |
| | | | | The Board ensures that internal controls for financial matters in key areas are in place with documented procedures. |
| | | | | The Board ensures that reviews on the charity’s internal controls, processes, key programmes and events are regularly conducted. |
| | | | | The Board approves an annual budget for the charity’s plans and regularly monitors the charity’s expenditure. |
| | | | | Does the charity invest its reserves (e.g. in fixed deposits)? (skip item 14 if “No”) |
| | | | | The charity has a documented investment policy approved by the Board. |
| | | | | | | Did the charity receive cash donations (solicited or unsolicited) during the financial year? (skip item 15 if “No”) |
| | | | | All collections received (solicited or unsolicited) are properly accounted for and promptly deposited by the charity. |
| | | | | Did the charity receive donations‑in‑kind during the financial year? (skip item 16 if “No”) |
| | | | | All donations‑in‑kind received are properly recorded and accounted for by the charity. |
| | | | | Disclosure and Transparency |
| | The charity discloses in its annual report — |
(a) | the number of Board meetings in the financial year; and |
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(b) | the attendance of every governing board member at those meetings. |
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| | | | | Are governing board members remunerated for their services to the Board? (skip items 18 and 19 if “No”) |
| | | | | No governing board member is involved in setting his own remuneration. |
| | | | | The charity discloses the exact remuneration and benefits received by each governing board member in its annual report. |
The charity discloses that no governing board member is remunerated. |
| | | | | Does the charity employ paid staff? (skip items 20 and 21 if “No”) |
| | | | | No staff is involved in setting his own remuneration. |
| | | | | The charity discloses in its annual report — |
(a) | the total annual remuneration for each of its 3 highest paid staff who each has received remuneration (including remuneration received from the charity’s subsidiaries) exceeding $100,000 during the financial year; and |
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(b) | whether any of the 3 highest paid staff also serves as a governing board member of the charity. |
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The information relating to the remuneration of the staff must be presented in bands of $100,000. |
The charity discloses that none of its paid staff receives more than $100,000 each in annual remuneration. |
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| 1 Staff: Paid or unpaid individual who is involved in the day‑to‑day operations of the charity, e.g. an Executive Director or administrative personnel. |
| 2 Volunteer: A person who willingly serves the charity without expectation of any remuneration. |
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Governance Evaluation Checklist for —(a) | a charity which is not an institution of a public character and whose gross receipts, or the total expenditure if higher, in each of the 2 financial years preceding the current financial year, is equal to or more than $500,000; and | (b) | an institution of a public character whose gross receipts, or the total expenditure if higher, in any of the 2 financial years preceding the current financial year, is less than $500,000. | | | Response (select whichever is applicable) |
| Explanation (if Code guideline is not complied with) |
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| | | Induction and orientation are provided to incoming governing board members upon joining the Board. |
| | | | | Are there governing board members holding staff1 appointments? (skip items 2 and 3 if “No”) |
| | | | | Staff does not chair the Board and does not comprise more than one‑third of the Board. |
| | | | | There are written job descriptions for the staff’s executive functions and operational duties, which are distinct from the staff’s Board role. |
| | | | | The Treasurer of the charity (or any person holding an equivalent position in the charity, e.g. Finance Committee Chairman or a governing board member responsible for overseeing the finances of the charity) can only serve a maximum of 4 consecutive years. |
If the charity has not appointed any governing board member to oversee its finances, it will be presumed that the Chairman oversees the finances of the charity. |
| | | | | All governing board members must submit themselves for re‑nomination and re‑appointment, at least once every 3 years. |
| | | | | There are documented terms of reference for the Board and each of its committees. |
| | | | | | | There are documented procedures for governing board members and staff to declare actual or potential conflicts of interest to the Board at the earliest opportunity. |
| | | | | Governing board members do not vote or participate in decision‑making on matters where they have a conflict of interest. |
| | | | | | | The Board periodically reviews and approves the strategic plan for the charity to ensure that the charity’s activities are in line with the charity’s objectives. |
| | | | | Human Resource and Volunteer2 Management |
| | The Board approves documented human resource policies for staff. |
| | | | | There is a documented Code of Conduct for governing board members, staff and volunteers (where applicable) which is approved by the Board. |
| | | | | There are processes for regular supervision, appraisal and professional development of staff. |
| | | | | Financial Management and Internal Controls |
| | There is a documented policy to seek the Board’s approval for any loans, donations, grants or financial assistance provided by the charity which are not part of the charity’s core charitable programmes. |
| | | | | The Board ensures that internal controls for financial matters in key areas are in place with documented procedures. |
| | | | | The Board ensures that reviews on the charity’s internal controls, processes, key programmes and events are regularly conducted. |
| | | | | The Board ensures that there is a process to identify, and regularly monitor and review the charity’s key risks. |
| | | | | The Board approves an annual budget for the charity’s plans and regularly monitors the charity’s expenditure. |
| | | | | Does the charity invest its reserves (e.g. in fixed deposits)? (skip item 18 if “No”) |
| | | | | The charity has a documented investment policy approved by the Board. |
| | | | | | | Did the charity receive cash donations (solicited or unsolicited) during the financial year? (skip item 19 if “No”) |
| | | | | All collections received (solicited or unsolicited) are properly accounted for and promptly deposited by the charity. |
| | | | | Did the charity receive donations‑in‑kind during the financial year? (skip item 20 if “No”) |
| | | | | All donations‑in‑kind received are properly recorded and accounted for by the charity. |
| | | | | Disclosure and Transparency |
| | The charity discloses in its annual report — |
(a) | the number of Board meetings in the financial year; and |
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(b) | the attendance of every governing board member at those meetings. |
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| | | | | Are governing board members remunerated for their services to the Board? (skip items 22 and 23 if “No”) |
| | | | | No governing board member is involved in setting his own remuneration. |
| | | | | The charity discloses the exact remuneration and benefits received by each governing board member in its annual report. |
The charity discloses that no governing board member is remunerated. |
| | | | | Does the charity employ paid staff? (skip items 24 and 25 if “No”) |
| | | | | No staff is involved in setting his own remuneration. |
| | | | | The charity discloses in its annual report — |
(a) | the total annual remuneration for each of its 3 highest paid staff who each has received remuneration (including remuneration received from the charity’s subsidiaries) exceeding $100,000 during the financial year; and |
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(b) | whether any of the 3 highest paid staff also serves as a governing board member of the charity. |
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The information relating to the remuneration of the staff must be presented in bands of $100,000. |
The charity discloses that none of its paid staff receives more than $100,000 each in annual remuneration. |
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| 1 Staff: Paid or unpaid individual who is involved in the day‑to‑day operations of the charity, e.g. an Executive Director or administrative personnel. |
| 2 Volunteer: A person who willingly serves the charity without expectation of any remuneration. |
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Governance Evaluation Checklist for —(a) | a charity which is not an institution of a public character and whose gross receipts, or the total expenditure if higher, in each of the 2 financial years preceding the current financial year, is equal to or more than $10 million; and | (b) | an institution of a public character whose gross receipts, or the total expenditure if higher, in each of the 2 financial years preceding the current financial year is equal to or more than $500,000. | | | Response (select whichever is applicable) |
| Explanation (if Code guideline is not complied with) |
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| | | Induction and orientation are provided to incoming governing board members upon joining the Board. |
| | | | | Are there governing board members holding staff1 appointments? (skip items 2 and 3 if “No”) |
| | | | | Staff does not chair the Board and does not comprise more than one‑third of the Board. |
| | | | | There are written job descriptions for the staff’s executive functions and operational duties, which are distinct from the staff’s Board role. |
| | | | | The Treasurer of the charity (or any person holding an equivalent position in the charity, e.g. Finance Committee Chairman or a governing board member responsible for overseeing the finances of the charity) can only serve a maximum of 4 consecutive years. |
If the charity has not appointed any governing board member to oversee its finances, it will be presumed that the Chairman oversees the finances of the charity. |
| | | | | All governing board members must submit themselves for re‑nomination and re‑appointment, at least once every 3 years. |
| | | | | The Board conducts self‑evaluation to assess its performance and effectiveness once during its term or every 3 years, whichever is shorter. |
| | | | | Is there any governing board member who has served for more than 10 consecutive years? (skip item 7 if “No”) |
| | | | | The charity discloses in its annual report the reasons for retaining the governing board member who has served for more than 10 consecutive years. |
| | | | | There are documented terms of reference for the Board and each of its committees. |
| | | | | | | There are documented procedures for governing board members and staff to declare actual or potential conflicts of interest to the Board at the earliest opportunity. |
| | | | | Governing board members do not vote or participate in decision‑making on matters where they have a conflict of interest. |
| | | | | | | The Board periodically reviews and approves the strategic plan for the charity to ensure that the charity’s activities are in line with the charity’s objectives. |
| | | | | Human Resource and Volunteer2 Management |
| | The Board approves documented human resource policies for staff. |
| | | | | There is a documented Code of Conduct for governing board members, staff and volunteers (where applicable) which is approved by the Board. |
| | | | | There are processes for regular supervision, appraisal and professional development of staff. |
| | | | | Are there volunteers serving in the charity? (skip item 15 if “No”) |
| | | | | There are volunteer management policies in place for volunteers. |
| | | | | Financial Management and Internal Controls |
| | There is a documented policy to seek the Board’s approval for any loans, donations, grants or financial assistance provided by the charity which are not part of the charity’s core charitable programmes. |
| | | | | The Board ensures that internal controls for financial matters in key areas are in place with documented procedures. |
| | | | | The Board ensures that reviews on the charity’s internal controls, processes, key programmes and events are regularly conducted. |
| | | | | The Board ensures that there is a process to identify, and regularly monitor and review the charity’s key risks. |
| | | | | The Board approves an annual budget for the charity’s plans and regularly monitors the charity’s expenditure. |
| | | | | Does the charity invest its reserves (e.g. in fixed deposits)? (skip item 21 if “No”) |
| | | | | The charity has a documented investment policy approved by the Board. |
| | | | | | | Did the charity receive cash donations (solicited or unsolicited) during the financial year? (skip item 22 if “No”) |
| | | | | All collections received (solicited or unsolicited) are properly accounted for and promptly deposited by the charity. |
| | | | | Did the charity receive donations‑in‑kind during the financial year? (skip item 23 if “No”) |
| | | | | All donations‑in‑kind received are properly recorded and accounted for by the charity. |
| | | | | Disclosure and Transparency |
| | The charity discloses in its annual report — |
(a) | the number of Board meetings in the financial year; and |
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(b) | the attendance of every governing board member at those meetings. |
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| | | | | Are governing board members remunerated for their services to the Board? (skip items 25 and 26 if “No”) |
| | | | | No governing board member is involved in setting his own remuneration. |
| | | | | The charity discloses the exact remuneration and benefits received by each governing board member in its annual report. |
The charity discloses that no governing board member is remunerated. |
| | | | | Does the charity employ paid staff? (skip items 27, 28 and 29 if “No”) |
| | | | | No staff is involved in setting his own remuneration. |
| | | | | The charity discloses in its annual report — |
(a) | the total annual remuneration for each of its 3 highest paid staff who each has received remuneration (including remuneration received from the charity’s subsidiaries) exceeding $100,000 during the financial year; and |
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(b) | whether any of the 3 highest paid staff also serves as a governing board member of the charity. |
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The information relating to the remuneration of the staff must be presented in bands of $100,000. |
The charity discloses that none of its paid staff receives more than $100,000 each in annual remuneration. |
| | | | | The charity discloses the number of paid staff who satisfies all of the following criteria: |
(a) | the staff is a close member of the family3 belonging to the Executive Head4 or a governing board member of the charity; |
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(b) | the staff has received remuneration exceeding $50,000 during the financial year. |
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The information relating to the remuneration of the staff must be presented in bands of $100,000. |
The charity discloses that there is no paid staff, being a close member of the family belonging to the Executive Head or a governing board member of the charity, who has received remuneration exceeding $50,000 during the financial year. |
| | | | | | | The charity has a documented communication policy on the release of information about the charity and its activities across all media platforms. |
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| 1 Staff: Paid or unpaid individual who is involved in the day‑to‑day operations of the charity, e.g. an Executive Director or administrative personnel. |
| 2 Volunteer: A person who willingly serves the charity, without expectation of any remuneration. |
| 3 Close member of the family: A family member belonging to the Executive Head or a governing board member of a charity — |
| (a) | who may be expected to influence the Executive Head’s or governing board member’s (as the case may be) dealings with the charity; or |
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| (b) | who may be influenced by the Executive Head or governing board member (as the case may be) in the family member’s dealings with the charity. |
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| A close member of the family may include the following: |
| (a) | the child or spouse of the Executive Head or governing board member; |
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| (b) | the stepchild of the Executive Head or governing board member; |
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| (c) | the dependant of the Executive Head or governing board member. |
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| (d) | the dependant of the Executive Head’s or governing board member’s spouse. |
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| 4 Executive Head: The most senior staff member in charge of the charity’s staff. |
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Governance Evaluation Checklist for an institution of a public character whose gross receipts, or the total expenditure if higher, in each of the 2 financial years preceding the current financial year, is equal to or more than $10 million. | | | Response (select whichever is applicable) |
| Explanation (if Code guideline is not complied with) |
|
---|
| | | Induction and orientation are provided to incoming governing board members upon joining the Board. |
| | | | | Are there governing board members holding staff1 appointments? (skip items 2 and 3 if “No”) |
| | | | | Staff does not chair the Board and does not comprise more than one‑third of the Board. |
| | | | | There are written job descriptions for the staff’s executive functions and operational duties, which are distinct from the staff’s Board role. |
| | | | | The Treasurer of the charity (or any person holding an equivalent position in the charity, e.g. Finance Committee Chairman or a governing board member responsible for overseeing the finances of the charity) can only serve a maximum of 4 consecutive years. |
If the charity has not appointed any governing board member to oversee its finances, it will be presumed that the Chairman oversees the finances of the charity. |
| | | | | All governing board members must submit themselves for re‑nomination and re‑appointment, at least once every 3 years. |
| | | | | The Board conducts self‑evaluation to assess its performance and effectiveness once during its term or every 3 years, whichever is shorter. |
| | | | | Is there any governing board member who has served for more than 10 consecutive years? (skip item 7 if “No”) |
| | | | | The charity discloses in its annual report the reasons for retaining the governing board member who has served for more than 10 consecutive years. |
| | | | | There are documented terms of reference for the Board and each of its committees. |
| | | | | | | There are documented procedures for governing board members and staff to declare actual or potential conflicts of interest to the Board at the earliest opportunity. |
| | | | | Governing board members do not vote or participate in decision‑making on matters where they have a conflict of interest. |
| | | | | | | The Board periodically reviews and approves the strategic plan for the charity to ensure that the charity’s activities are in line with the charity’s objectives. |
| | | | | There is a documented plan to develop the capacity and capability of the charity and the Board monitors the progress of the plan. |
| | | | | Human Resource and Volunteer2 Management |
| | The Board approves documented human resource policies for staff. |
| | | | | There is a documented Code of Conduct for governing board members, staff and volunteers (where applicable) which is approved by the Board. |
| | | | | There are processes for regular supervision, appraisal and professional development of staff. |
| | | | | Are there volunteers serving in the charity? (skip item 16 if “No”) |
| | | | | There are volunteer management policies in place for volunteers. |
| | | | | Financial Management and Internal Controls |
| | There is a documented policy to seek the Board’s approval for any loans, donations, grants or financial assistance provided by the charity which are not part of the charity’s core charitable programmes. |
| | | | | The Board ensures that internal controls for financial matters in key areas are in place with documented procedures. |
| | | | | The Board ensures that reviews on the charity’s internal controls, processes, key programmes and events are regularly conducted. |
| | | | | The Board ensures that there is a process to identify, and regularly monitor and review the charity’s key risks. |
| | | | | The Board approves an annual budget for the charity’s plans and regularly monitors the charity’s expenditure. |
| | | | | Does the charity invest its reserves (e.g. in fixed deposits)? (skip item 22 if “No”) |
| | | | | The charity has a documented investment policy approved by the Board. |
| | | | | | | Did the charity receive cash donations (solicited or unsolicited) during the financial year? (skip item 23 if “No”) |
| | | | | All collections received (solicited or unsolicited) are properly accounted for and promptly deposited by the charity. |
| | | | | Did the charity receive donations‑in‑kind during the financial year? (skip item 24 if “No”) |
| | | | | All donations‑in‑kind received are properly recorded and accounted for by the charity. |
| | | | | Disclosure and Transparency |
| | The charity discloses in its annual report — |
(a) | the number of Board meetings in the financial year; and |
|
(b) | the attendance of every governing board member at those meetings. |
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| | | | | Are governing board members remunerated for their services to the Board? (skip items 26 and 27 if “No”) |
| | | | | No governing board member is involved in setting his own remuneration. |
| | | | | The charity discloses the exact remuneration and benefits received by each governing board member in its annual report. |
The charity discloses that no governing board member is remunerated. |
| | | | | Does the charity employ paid staff? (skip items 28, 29 and 30 if “No”) |
| | | | | No staff is involved in setting his own remuneration. |
| | | | | The charity discloses in its annual report — |
(a) | the total annual remuneration for each of its 3 highest paid staff who each has received remuneration (including remuneration received from the charity’s subsidiaries) exceeding $100,000 during the financial year; and |
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(b) | whether any of the 3 highest paid staff also serves as a governing board member of the charity. |
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The information relating to the remuneration of the staff must be presented in bands of $100,000. |
The charity discloses that none of its paid staff receives more than $100,000 each in annual remuneration. |
| | | | | The charity discloses the number of paid staff who satisfies all of the following criteria: |
(a) | the staff is a close member of the family3 belonging to the Executive Head4 or a governing board member of the charity; |
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(b) | the staff has received remuneration exceeding $50,000 during the financial year. |
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The information relating to the remuneration of the staff must be presented in bands of $100,000. |
The charity discloses that there is no paid staff, being a close member of the family3 belonging to the Executive Head4 or a governing board member of the charity, who has received remuneration exceeding $50,000 during the financial year. |
| | | | | | | The charity has a documented communication policy on the release of information about the charity and its activities across all media platforms. |
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| 1 Staff: Paid or unpaid individual who is involved in the day‑to‑day operations of the charity, e.g. an Executive Director or administrative personnel. |
| 2 Volunteer: A person who willingly serves the charity without expectation of any remuneration. |
| 3 Close member of the family: A family member belonging to the Executive Head or a governing board member of a charity — |
| (a) | who may be expected to influence the Executive Head’s or governing board member’s (as the case may be) dealings with the charity; or |
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| (b) | who may be influenced by the Executive Head or governing board member (as the case may be) in the family member’s dealings with the charity. |
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| A close member of the family may include the following: |
| (a) | the child or spouse of the Executive Head or governing board member; |
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| (b) | the stepchild of the Executive Head or governing board member; |
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| (c) | the dependant of the Executive Head or governing board member; |
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| (d) | the dependant of the Executive Head’s or governing board member’s spouse. |
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| 4 Executive Head: The most senior staff member in charge of the charity’s staff. |
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