No. S 827
COVID-19 (Temporary Measures) Act 2020
(ACT 14 OF 2020)
COVID-19 (Temporary Measures)
(Alternative Arrangements for Meetings for
Charities, Co-operative Societies and
Mutual Benefit Organisations)
(Amendment) Order 2020
In exercise of the powers conferred by section 27 of the COVID‑19 (Temporary Measures) Act 2020, the Minister for Law makes the following Order:
Citation and commencement
1.  This Order is the COVID-19 (Temporary Measures) (Alternative Arrangements for Meetings for Charities, Co-operative Societies and Mutual Benefit Organisations) (Amendment) Order 2020 and comes into operation on 29 September 2020.
Deletion of paragraph 3
2.  Paragraph 3 of the COVID 19 (Temporary Measures) (Alternative Arrangements for Meetings for Charities, Co-operative Societies and Mutual Benefit Organisations) Order 2020 (G.N. No. S 327/2020) (called in this Order the principal Order) is deleted.
Amendment of paragraph 5
3.  Paragraph 5(2) of the principal Order is amended by deleting the words “30 September 2020” and substituting the words “30 June 2021”.
Amendment of paragraph 6
4.  Paragraph 6(2) of the principal Order is amended by deleting the words “30 September 2020” and substituting the words “30 June 2021”.
Amendment of paragraph 7
5.  Paragraph 7(2) of the principal Order is amended by deleting the words “30 September 2020” and substituting the words “30 June 2021”.
Amendment of First Schedule
6.  The First Schedule to the principal Order is amended —
(a)by deleting the words “30 September 2020” in the second paragraph in the second column of item 1 and substituting the words “31 December 2020”;
(b)by inserting, immediately after the first paragraph in the second column of item 4, the following paragraphs:
“In addition to (but not in place of) post and electronic mail, a charity may also provide for a member or person, before the meeting, to send to the chairman of the meeting the matters which the member or person wishes to raise at the meeting by such other electronic means as the charity considers appropriate, and each such matter, if substantial and relevant and sent within a reasonable time before the meeting, is to be responded to at or before the meeting by electronic means.
To avoid doubt, in addition to (but not in place of) post and electronic mail, a charity may provide for any matter to be raised by a member or person at a meeting and for the matter to be responded to at the meeting through real-time electronic communication such as video conferencing, tele-conferencing or live chat.”;
(c)by deleting the words “general meeting of, or a meeting of a governing board of, a charity” in the first column of item 6 and substituting the words “general meeting of a charity held or conducted before 1 October 2020”;
(d)by inserting, immediately after the words “notice of the meeting.” in the first paragraph in the second column of item 6, the words “In addition to (but not in place of) post and electronic mail, a charity may provide for a member to appoint the chairman of the meeting as the member’s proxy to vote at the meeting by depositing with the charity an instrument of appointment by such other electronic means as the charity considers appropriate.”;
(e)by deleting the third paragraph in the second column of item 6;
(f)by inserting, immediately after item 6, the following items:
 
“6A.Provision for a member of a charity to vote at a general meeting of a charity held or conducted on or after 1 October 2020
 
A charity may provide for a member to appoint the chairman of the meeting as the member’s proxy to vote at a general meeting of a charity by depositing with the charity an instrument of appointment by post, or by electronic mail to an electronic mail address stated in the notice of the meeting.
In addition to (but not in place of) providing for a member to appoint the chairman of the meeting as the member’s proxy to vote at the meeting by depositing with the charity an instrument of appointment by post, or by electronic mail to an electronic mail address, a charity may also provide for either or both of the following:
(a)provide for the member to appoint the chairman of the meeting as the member’s proxy to vote at the meeting by depositing with the charity an instrument of appointment by such other electronic means as the charity considers appropriate;
(b)provide for the member —
(i)to vote at the meeting by electronic means through an electronic voting system; and
(ii)(where the written law or legal instrument relating to the meeting also provides for the appointment of any person as the member’s proxy to vote at the meeting) to appoint any person (other than the chairman) as the member’s proxy to vote at the meeting by electronic means through an electronic voting system, by depositing with the charity an instrument of appointment appointing a proxy and any other supporting documents by post or by electronic mail to an electronic mail address stated in the notice of the meeting; and, in addition to (but not in place of) post and electronic mail, by such other electronic means as the charity considers appropriate.
However, voting at a general meeting by electronic means through an electronic voting system may be used only if the following are satisfied:
(a)the electronic voting system that is used accurately counts all votes cast at the meeting;
(b)the electronic voting system that is used is capable of providing records from which the operation of the electronic voting system may be audited and for verification of the accuracy of the recording and counting of votes;
(c)each vote that is cast is verified by the charity as cast by the member (or the member’s proxy) entitled to vote;
(d)the chairman of the meeting must, during the meeting, declare, by electronic means, the result of any matter put to a vote at the meeting.
 
6B.Provision for a governing board member to vote at a meeting of a governing board of a charity
 
A governing board member may vote at a meeting of a governing board of a charity by electronic means.”; and
(g)by inserting, immediately after sub‑paragraph (e) of the first paragraph in the second column of item 8, the following sub‑paragraph:
“(ea)in the case of a general meeting of a charity, if voting by electronic means through an electronic voting system is to be used, must set out —
(i)how a member entitled to vote at the meeting may vote by electronic means through the electronic voting system; and
(ii)(where applicable) how a member entitled to vote at the meeting may appoint any person (other than the chairman) as the member’s proxy to vote at the meeting by electronic means through the electronic voting system and how the member’s proxy may vote at the meeting by electronic means through the electronic voting system;”.
Amendment of Second Schedule
7.  The Second Schedule to the principal Order is amended —
(a)by deleting the words “30 September 2020” in the second paragraph in the second column of item 1 and substituting the words “31 December 2020”;
(b)by inserting, immediately after the first paragraph in the second column of item 4, the following paragraphs:
“In addition to (but not in place of) post and electronic mail, a co‑operative society may also provide for a member or delegate, before the meeting, to send to the chairman of the meeting the matters which the member or delegate wishes to raise at the meeting by such other electronic means as the co‑operative society considers appropriate, and each such matter, if substantial and relevant and sent within a reasonable time before the meeting, is to be responded to at or before the meeting by electronic means.
To avoid doubt, in addition to (but not in place of) post and electronic mail, a co‑operative society may provide for any matter to be raised by a member or delegate at a meeting and for the matter to be responded to at the meeting through real-time electronic communication such as video conferencing, tele-conferencing or live chat.”;
(c)by inserting, immediately after the words “meeting of delegates of a co‑operative society” in the first column of item 6, the words “, held or conducted before 1 October 2020”;
(d)by inserting, immediately after the words “notice of the meeting.” in the first paragraph in the second column of item 6, the words “In addition to (but not in place of) post and electronic mail, a co‑operative society may provide for a member or delegate to appoint the chairman of the meeting as the member’s proxy or delegate’s proxy to vote at the meeting by depositing with the co‑operative society an instrument of appointment by such other electronic means as the co‑operative society considers appropriate.”;
(e)by inserting, immediately after item 6, the following item:
 
“6A.Provision for a member or delegate of a co‑operative society to vote at a general meeting of members of a co‑operative society, or a meeting of delegates of a co‑operative society, held or conducted on or after 1 October 2020
 
A co‑operative society may provide for a member or delegate to appoint the chairman of the meeting as the member’s proxy or delegate’s proxy to vote at the meeting by depositing with the co‑operative society an instrument of appointment by post, or by electronic mail to an electronic mail address stated in the notice of the meeting.
In addition to (but not in place of) providing for a member or delegate to appoint the chairman of the meeting as the member’s proxy or delegate’s proxy to vote at the meeting by depositing with the co‑operative society an instrument of appointment by post, or by electronic mail to an electronic mail address, a co‑operative society may also provide for either or both of the following:
(a)provide for the member or delegate to appoint the chairman of the meeting as the member’s proxy or delegate’s proxy to vote at the meeting by depositing with the co‑operative society an instrument of appointment by such other electronic means as the co‑operative society considers appropriate;
(b)provide for the member or delegate —
(i)to vote at the meeting by electronic means through an electronic voting system; and
(ii)(where the written law or legal instrument relating to the meeting also provides for the appointment of any person as the member’s proxy or delegate’s proxy to vote at the meeting) to appoint any person (other than the chairman) as the member’s proxy or delegate’s proxy to vote at the meeting by electronic means through an electronic voting system, by depositing with the co‑operative society an instrument of appointment appointing a proxy and any other supporting documents by post or by electronic mail to an electronic mail address stated in the notice of the meeting; and, in addition to (but not in place of) post and electronic mail, by such other electronic means as the co‑operative society considers appropriate.
However, voting by electronic means through an electronic voting system may be used only if the following are satisfied:
(a)the electronic voting system that is used accurately counts all votes cast at the meeting;
(b)the electronic voting system that is used is capable of providing records from which the operation of the electronic voting system may be audited and for verification of the accuracy of the recording and counting of votes;
(c)each vote that is cast is verified by the co‑operative society as cast by the member or delegate (or the member’s proxy or delegate’s proxy) entitled to vote;
(d)the chairman of the meeting must, during the meeting, declare, by electronic means, the result of any matter put to a vote at the meeting.”; and
(f)by inserting, immediately after sub‑paragraph (c) of the first paragraph in the second column of item 8, the following sub‑paragraph:
“(ca)if voting by electronic means through an electronic voting system is to be used, must set out —
(i)how a member or delegate entitled to vote at the meeting may vote by electronic means through the electronic voting system; and
(ii)(where applicable) how a member or delegate entitled to vote at the meeting may appoint any person (other than the chairman) as the member’s proxy or delegate’s proxy to vote at the meeting by electronic means through the electronic voting system and how the member’s proxy or delegate’s proxy may vote at the meeting by electronic means through the electronic voting system;”.
Amendment of Third Schedule
8.  The Third Schedule to the principal Order is amended —
(a)by deleting the words “30 September 2020” in the second paragraph in the second column of item 1 and substituting the words “31 December 2020”;
(b)by inserting, immediately after the first paragraph in the second column of item 4, the following paragraphs:
“In addition to (but not in place of) post and electronic mail, a registered organisation may also provide for a member, before the meeting, to send to the chairman of the meeting the matters which the member wishes to raise at the meeting by such other electronic means as the registered organisation considers appropriate, and each such matter, if substantial and relevant and sent within a reasonable time before the meeting, is to be responded to at or before the meeting by electronic means.
To avoid doubt, in addition to (but not in place of) post and electronic mail, a registered organisation may provide for any matter to be raised by a member at a meeting and for the matter to be responded to at the meeting through real-time electronic communication such as video conferencing, tele-conferencing or live chat.”;
(c)by inserting, immediately after the words “general meeting of a registered organisation” in the first column of item 6, the words “held or conducted on or before 1 October 2020”;
(d)by inserting, immediately after the words “notice of the meeting.” in the first paragraph in the second column of item 6, the words “In addition to (but not in place of) post and electronic mail, a registered organisation may provide for a member to appoint the chairman of the meeting as the member’s proxy to vote at the meeting by depositing with the registered organisation an instrument of appointment by such other electronic means as the registered organisation considers appropriate.”;
(e)by inserting, immediately after item 6, the following item:
 
“6A.Provision for a member of a registered organisation to vote at a general meeting of a registered organisation held or conducted on or after 1 October 2020
 
A registered organisation may provide for a member to appoint the chairman of the meeting as the member’s proxy to vote at the meeting by depositing with the registered organisation an instrument of appointment by post, or by electronic mail to an electronic mail address stated in the notice of the meeting.
In addition to (but not in place of) providing for a member to appoint the chairman of the meeting as the member’s proxy to vote at the meeting by depositing with the registered organisation an instrument of appointment by post, or by electronic mail to an electronic mail address, a registered organisation may also provide for either or both of the following:
(a)provide for the member to appoint the chairman of the meeting as the member’s proxy to vote at the meeting by depositing with the registered organisation an instrument of appointment by such other electronic means as the registered organisation considers appropriate;
 
 
 
(b)provide for the member —
(i)to vote at the meeting by electronic means through an electronic voting system; and
(ii)(where the written law or legal instrument relating to the meeting also provides for the appointment of any person as the member’s proxy to vote at the meeting) to appoint any person (other than the chairman) as the member’s proxy to vote at the meeting by electronic means through an electronic voting system, by depositing with the registered organisation an instrument of appointment appointing a proxy and any other supporting documents by post or by electronic mail to an electronic mail address stated in the notice of the meeting; and, in addition to (but not in place of) post and electronic mail, by such other electronic means as the registered organisation considers appropriate.
 
 
 
However, voting by electronic means through an electronic voting system may be used only if the following are satisfied:
(a)the electronic voting system that is used accurately counts all votes cast at the meeting;
(b)the electronic voting system that is used is capable of providing records from which the operation of the electronic voting system may be audited and for verification of the accuracy of the recording and counting of votes;
(c)each vote that is cast is verified by the registered organisation as cast by the member (or the member’s proxy) entitled to vote;
(d)the chairman of the meeting must, during the meeting, declare, by electronic means, the result of any matter put to a vote at the meeting.”; and
(f)by inserting, immediately after sub‑paragraph (c) of the first paragraph in the second column of item 8, the following sub‑paragraph:
“(ca)if voting by electronic means through an electronic voting system is to be used, must set out —
(i)how a member entitled to vote at the meeting may vote by electronic means through the electronic voting system; and
(ii)(where applicable) how a member entitled to vote at the meeting may appoint any person (other than the chairman) as the member’s proxy to vote at the meeting by electronic means through the electronic voting system and how the member’s proxy may vote at the meeting by electronic means through the electronic voting system;”.
Made on 28 September 2020.
LOH KHUM YEAN
Permanent Secretary,
Ministry of Law,
Singapore.
[LAW 63/009 COVID Relief-V1; AG/LEGIS/SL/65C/2020/1 Vol. 1]
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